NEXTLOT, INC. PRIVACY POLICY

NextLot, Inc. (”Company“) recognizes that its sellers, visitors, users, and sellers’ users (collectively, “Users”) of www.nextlot.com, other web sites owned or operated by Company (the “Company Sites”), and other web sites developed and maintained by Company for and on behalf of its sellers (the “Seller Sites”) value their privacy. This Privacy Policy describes important information regarding the use and disclosure of User information collected on the Company Sites and Seller Sites. Company provides this Privacy Policy to help you make an informed decision about whether to use or continue using the Company Sites and Seller Sites.

Your use of the Company Sites and Seller Sites and any personal information you provide on the Company Sites and Seller Sites remains subject to the terms of this Privacy Policy, the terms of the customer’s Privacy Policy, any applicable agreement between you and Company, and any applicable Terms of Use.

Additionally, with respect to User information collected on the Seller Sites, the sellers may have their own, separate policies regarding the use and disclosure of such User information, including any personal information you provide on the Seller Sites.  This Privacy Policy does not apply to, and we cannot control the activities of, such sellers.  We encourage you to review the seller’s privacy policy and/or contact the seller for more information about the policies that apply to the seller’s use and disclosure of your User information.

Please note that any message, posting or other content that you publicly post on a forum or other area of the Company Sites and Seller Sites becomes published content and is not considered personally identifiable information subject to this Privacy Policy.

Company has the legal right to use your personal Information in the ways described in this Privacy Policy based on your consent, or on the need to use the personal information to provide you with goods or services that you request, or for the legitimate purposes of furthering Company’s existing relationship with you or preventing fraud.  Accordingly, you have a contractual rather than a statutory obligation to provide such information.  If you do not provide such information, you may be unable to use the Company Sites or the Seller Sites and Company or the sellers may be unable to provide any goods or services that you request.

 

1. COMPANY SITE INFORMATION

  1. The Information Company Collects from Company Sites

    1. User-Provided Information: When You register as a User, You provide certain personally identifiable information (such as your name and email address) to Company. In addition, additional personal information may be collected by Company when you send e-mails or other messages to Company, and when you participate in various activities on the Company Sites such as posting messages in our forums or in the comments section, taking advantage of promotions, responding to surveys, or subscribing to newsletters or other mailing lists.

    2. Cookies Information: When you visit the Company Sites, we may send one or more cookies – a small text file containing a string of alphanumeric characters – to your computer that uniquely identifies your browser. Company uses both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Company Sites may not function properly if the ability to accept cookies is disabled.

    3. Log File Information: When you use the Company Sites, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol (”IP“) address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, and one or more cookies that may uniquely identify your browser.

    4. Clear GIFs Information: When you use the Company Sites, we may employ “clear GIFs” (a.k.a. Web Beacons) which are used to track the online usage patterns of our Users anonymously (i.e., in a non-personally-identifiable manner). In addition, we may also use clear GIFs in HTML-based emails sent to our users to track which emails are opened by recipients.

  2. The Way Company Uses Information

    1. If you submit personally identifiable information to us through the Company Sites, then we use your personal information to operate, maintain, and provide to you the features and functionality of the Company Sites.

    2. We may use your email address or other personally identifiable information to allow us or our authorized affiliates to contact you regarding available products or services. You will have the ability to opt-out of such contacts. We may also use your email address or other personally identifiable information for non-marketing or administrative purposes (such as notifying you of Company Site changes or for customer service purposes).

    3. We use both your personally identifiable information and certain non-personally-identifiable information (such as anonymous User usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the Company Sites and to create new features, promotions, functionality, and services by storing, tracking, and analyzing User preferences and trends.

    4. We use cookies, clear gifs, and log file information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the Company Sites; (b) provide custom, personalized content and information; (c) monitor the effectiveness of our marketing campaigns; (d) monitor aggregate metrics such as total number of visitors, pages viewed, etc.; and (e) track your entries, submissions, and status in promotions, sweepstakes, and contests.

  3. When Company Discloses Information

    1. We may provide personally identifiable information and non-personally-identifiable information to our subsidiaries, affiliated companies, or other businesses or persons for the purpose of processing such information on our behalf. We require that these parties agree to process such information solely on our behalf, and we use reasonable efforts to limit their use of such information and to use other appropriate confidentiality and security measures.

    2. We may share non-personally-identifiable information (such as anonymous User usage data, referring / exit pages and URLs, platform types, number of clicks, etc.) with interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the Company Sites.

    3. We may release personally identifiable information and/or non-personally-identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state, federal and international laws or respond to a court order, subpoena, or search warrant.

    4. Company also reserves the right to disclose personally identifiable information and/or non-personally-identifiable information that Company believes, in good faith, is appropriate or necessary to enforce our Terms of Use or other agreements, take precautions against liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of our web site, and to protect the rights, property, or personal safety of Company, our Users or others.

  4. Your Choices About Privacy

    1. You may decline to submit personally identifiable information through the Company Sites, in which case Company may not be able to provide certain services to you. You may update or correct your account information at any time by visiting your account page. You are responsible for maintaining the accuracy and completeness of your personal and other information. If you would like to review your personal information, or if you believe that any of your information is incorrect, or if you have any questions or concerns regarding this Privacy Statement, simply email us at info@nextlot.com.

    2. To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you account access or making corrections. You are responsible for maintaining the secrecy of your unique password and account information at all times.

  5. Third-party Advertisers, Links to Other Sites

    1. Company may allow other companies, called third-party ad servers or ad networks, to serve advertisements within the Company Sites. These third-party ad servers or ad networks use technology to send, directly to your browser, the advertisements and links that appear on the Company Sites. They automatically receive your IP address when this happens. They may also use other technologies (such as cookies, JavaScript, or Web Beacons) to measure the effectiveness of their advertisements and to personalize the advertising content you see.

    2. Company does not provide any personally identifiable information to these third-party ad servers or ad networks without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. However, please note that if an advertiser asks Company to show an advertisement to a certain audience (for example, women ages 18-24) or audience segment and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience they are trying to reach. The advertiser may also use information regarding your use of the Company Sites, such as the number of times you viewed an ad (but not any personally identifiable information), to determine which ads to deliver to you.

    3. You should consult the respective privacy policies of these third-party ad servers or ad networks for more information on their practices and for instructions on how to opt-out of certain practices. Company’s privacy policy does not apply to, and we cannot control the activities of, such other advertisers or web sites.

  1. SELLER SITE INFORMATION

 

  1. The Information Company and Seller Collects from Seller Sites

    1. User-Provided Information: When You register as a User, You provide certain personally identifiable information (such as your name and email address) to Company. In addition, additional personal information may be collected by Company when you send e-mails or other messages to Company, and when you participate in various activities on the Seller Sites such as posting messages in our forums or in the comments section, taking advantage of promotions, responding to surveys, or subscribing to newsletters or other mailing lists.

    2. Cookies Information: When you visit the Seller Sites, we may send one or more cookies – a small text file containing a string of alphanumeric characters – to your computer that uniquely identifies your browser. Company uses both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Seller Sites may not function properly if the ability to accept cookies is disabled.

    3. Log File Information: When you use the Seller Sites, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol (”IP“) address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, and one or more cookies that may uniquely identify your browser.

    4. Clear GIFs Information: When you use the Seller Sites, we may employ “clear GIFs” (a.k.a. Web Beacons) which are used to track the online usage patterns of our Users anonymously (i.e., in a non-personally-identifiable manner). In addition, we may also use clear GIFs in HTML-based emails sent to our users to track which emails are opened by recipients.

  2. The Way Company Uses Information.

    1. If you submit personally identifiable information to us through the Seller Sites, then we use your personal information to operate, maintain, and provide to you the features and functionality of the Seller Sites.

    2. We may use your email address or other personally identifiable information to allow us or our authorized affiliates to contact you regarding available products or services. You will have the ability to opt-out of such contacts. We may also use your email address or other personally identifiable information for non-marketing or administrative purposes (such as notifying you of Company Site changes or for customer service purposes).

    3. We use both your personally identifiable information and certain non-personally-identifiable information (such as anonymous User usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the Seller Sites and to create new features, promotions, functionality, and services by storing, tracking, and analyzing User preferences and trends.

    4. We use cookies, clear gifs, and log file information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the Seller Sites; (b) provide custom, personalized content and information; (c) monitor the effectiveness of our marketing campaigns; (d) monitor aggregate metrics such as total number of visitors, pages viewed, etc.; and (e) track your entries, submissions, and status in promotions, sweepstakes, and contests.

  3. When Company Discloses Information

    1. We may provide personally identifiable information and non-personally-identifiable information to our subsidiaries, affiliated companies, or other businesses or persons for the purpose of processing such information on our behalf. We require that these parties agree to process such information solely on our behalf, and we use reasonable efforts to limit their use of such information and to use other appropriate confidentiality and security measures.  If you are an E.U. or Swiss resident, please note that in the cases of onward transfer of your personally identifiable information to such persons, we will remain liable under the Principles of the E.U.-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework if our agent processes such personally identifiable information in a manner inconsistent with the Principles, unless we prove that we are not responsible for the event giving rise to the damage.  For more information about the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework, please see Section 5 below (titled “SPECIAL NOTE TO INTERNATIONAL USERS”),

    2. We may share non-personally-identifiable information (such as anonymous User usage data, referring / exit pages and URLs, platform types, number of clicks, etc.) with interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the Seller Sites.

    3. We may release personally identifiable information and/or non-personally-identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state, federal and international laws or respond to a court order, subpoena, or search warrant.

    4. Company also reserves the right to disclose personally identifiable information and/or non-personally-identifiable information that Company believes, in good faith, is appropriate or necessary to enforce our Terms of Use or other agreements, take precautions against liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of our web site, and to protect the rights, property, or personal safety of Company, our Users or others.

  4. Your Choices About Privacy

    1. You may decline to submit personally identifiable information through the Seller Sites, in which case Company may not be able to provide certain services to you. You may update or correct your account information at any time by visiting your account page. You are responsible for maintaining the accuracy and completeness of your personal and other information. If you would like to review your personal information, or if you believe that any of your information is incorrect, or if you have any questions or concerns regarding this Privacy Statement, simply email us at info@nextlot.com.

    2. To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you account access or making corrections. You are responsible for maintaining the secrecy of your unique password and account information at all times.

    3. If you do not wish to have your personally identifiable information used by Company to promote Company’s own or third parties’ products or services, or if you do not want Company to share your personally identifiable information with third parties (other than the sellers with whom you’ve chosen to form a relationship and form whom we have been engaged to operate a Seller Site), including for promotional or direct marketing purposes such as delivering advertisements according to our advertisers’ target-audience preferences, you can opt out by logging into the Company Site or Seller Site and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending Company an email stating your request to info@nextlot.com.  For this opt-out to function, you must have your browser set to accept browser cookies.  If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions.  Your opt-out would not apply to disclosure to a third party that is acting on our behalf and under our instructions in support of our permitted uses of your Personal Information.  Please note that if you opt out of certain disclosures of your information to third parties, our services will no longer function and we can no longer effectively provide services to you, and we reserve the right to cancel your account.

  5. Third-party Advertisers, Links to Other Sites

    1. Company may allow other companies, called third-party ad servers or ad networks, to serve advertisements within the Seller Sites. These third-party ad servers or ad networks use technology to send, directly to your browser, the advertisements and links that appear on the Seller Sites. They automatically receive your IP address when this happens. They may also use other technologies (such as cookies, JavaScript, or Web Beacons) to measure the effectiveness of their advertisements and to personalize the advertising content you see.

    2. Company does not provide any personally identifiable information to these third-party ad servers or ad networks without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. However, please note that if an advertiser asks Company to show an advertisement to a certain audience (for example, women ages 18-24) or audience segment and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience they are trying to reach. The advertiser may also use information regarding your use of the Seller Sites, such as the number of times you viewed an ad (but not any personally identifiable information), to determine which ads to deliver to you.

    3. You should consult the respective privacy policies of these third-party ad servers or ad networks for more information on their practices and for instructions on how to opt-out of certain practices. Company’s privacy policy does not apply to, and we cannot control the activities of, such other advertisers or web sites.

3. OUR COMMITMENT TO DATA SECURITY

3.1. Company uses commercially reasonable security devices to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to Company and you do so at your own risk. Once we receive your transmission of information, Company makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our security safeguards.

3.2. If Company learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. Company may post a notice on the Company Sites if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.

4. OUR COMMITMENT TO CHILDREN’S PRIVACY

4.1. Protecting the privacy of young children is especially important. For that reason, Company does not knowingly collect or maintain information on the Company Sites from persons under 13 years of age, and no part of our website is directed to persons under 13 or even 18 years of age. If you are under 13 years of age, then please do not use or access the Company Sites at any time or in any manner. If Company learns that personally identifiable information of persons under 13 years of age has been collected on the Company Sites without verified parental consent, then Company will take the appropriate steps to delete this information.

5. SPECIAL NOTE TO INTERNATIONAL USERS

The Company Sites are hosted in the United States and are intended for and directed to Users in the United States. If you are a User accessing the Company Sites from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Company Sites and Seller Sites, which are governed by U.S. law, this Privacy Policy, and our Terms of Use, you are transferring your personal information to the United States and you consent to that transfer and the use and disclosure of your personal information in accordance with this Privacy Policy.

 

If you are a resident of the European Union, please note that the EU has determined that the laws of the United States do not provide adequate protection for your personal information.  Accordingly, we are transferring your personal information from the EU to the United States under the terms of Company’s certification with the U.S. Department of Commerce under the Privacy Shield. 

 

The Company complies with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland (“EU Personal Information”) to the United States.  The Company has certified to the Department of Commerce that it adheres to the Privacy Shield Principles.  If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern.  To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.

 

Our compliance with this obligation can be investigated and enforced by the U.S. Federal Trade Commission. 

 

Additionally, if you are a resident of the European Union, you will have the following additional rights with respect to EU Personal Information: 

 

  • If we intend to disclose your EU Personal Information to any third party that will have the right to process your EU Personal Information, we will enter into a contract with that third party that provides that your EU Personal Information may be processed only for limited and specified purposes consistent with the consent that you have provided to us, and that the third party must provide the same level of protection for your EU Personal Information that we are obligated to provide under this Privacy Policy while it is processing your EU Personal Information.  In addition, we will notify you if that third party will have the right to determine the purposes for which it will process your EU Personal Information and the means it will use to process your EU Personal Information (rather than just providing requested assistance to us in support of our permitted uses of your EU Personal Information).

 

  • If your EU Personal Information is being processed by automated means, you have the right to obtain a copy of your provided EU Personal Information, together with certain additional Personal Information that we have generated as a result of your use of our services, in a structured and commonly used and machine-readable format, and to transfer such Personal Information to another service provider.  Upon your request, we will transfer that Personal Information directly to another service provider if it is feasible for us to do so.

 

  • If we are processing your EU Personal Information based on your consent, you may withdraw that consent at any time. 

 

  • You may restrict our use of your EU Personal Information, by sending us an email stating your request to info@nextlot.com, if you have contested the accuracy of that information, or if the processing is unlawful or you need the information to establish, exercise or defend a legal claim.  We will then store your EU Personal Information and process it only with your consent, or to establish, exercise or defend a legal claim or to protect the rights of others.  The restriction with respect to information claimed to be inaccurate would end if we verify the accuracy of that contested information.

 

  • We may create profiles to analyze or predict your performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.  However, we do not make any decision about you that would have legal consequences or similarly significant affects for you based solely on automated decision-making, including the use of profiles.

 

  • Upon our receipt of your request by email at info@nextlot.com and our verification of your identity, we will advise you whether or not we are processing EU Personal Information concerning you and, if so, will provide you with a copy of your EU Personal Information being processed and certain information about the nature and purposes of the processing.  If your EU Personal Information is used for automated decision-making, we will provide you with information on the logic being used and the types of decisions being made.  You may correct any such EU Personal Information that is inaccurate or incomplete.

 

  • Upon your request, we will erase any of your EU Personal Information that is no longer needed for the purpose for which it was collected, or that is being used for direct marketing purposes, or if our use is based on your consent and you withdraw that consent.

 

  • Our Platform may be used by children in the European Union between the ages of 13 and 16 only with parental consent.  If we learn we have collected or received Personal Information from a child in the European Union under the age of 16 without verification of parental consent, we will delete that information.  In addition, if we have collected Personal Information from any child in the European Union to provide goods or services to that child for a fee, we will erase the Personal Information of that child upon request. 

  • If we are using your EU Personal Information on the basis of your consent, and we change our Privacy Policy to permit any use or disclosure of your EU Personal Information that is materially different than the uses for which it was originally collected or subsequently authorized by you, we will obtain your consent before we make such further uses of your EU Personal Information.

 

 In compliance with the Privacy Shield Principles, the Company commits to resolve complaints about our collection or use of your EU Personal Information.  EU and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact us directly at info@nextlot.com.


The Company has further committed to refer unresolved Privacy Shield complaints to JAMS, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please visit https://www.jamsadr.com/eu-us-privacy-shield for more information or to file a complaint.  The services of JAMS are provided at no cost to you.

 

 

If you are an EU or Swiss resident and you still are not satisfied, you may have the right, under certain conditions, to invoke binding arbitration.  Alternatively, you will have the right to lodge a complaint with the Supervisory authority in your country of residence in the EU or Switzerland. You can find more information on your enforcement rights at https://www.privacyshield.gov.

6. IN THE EVENT OF MERGER, SALE, OR BANKRUPTCY

6.1. In the event that all or part of Company is acquired by or merged with a third party entity, you agree that we may, in any of these circumstances, transfer or assign the information we have collected from our Users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your personal information is treated, transferred, or used.

7.CHANGES AND UPDATES TO THIS PRIVACY POLICY

7.1. This Privacy Policy may be revised periodically, as reflected by the “effective date” below. Please revisit this page to stay aware of any changes. In general, we only use your personal information in the manner described in the Privacy Policy in effect when we received the personal information you provided. Your continued use of the Company Sites constitutes your agreement to this Privacy Policy and any future revisions.

7.2. For revisions to this Privacy Policy that may be materially less restrictive on our use or disclosure of the personal information you have already provided to us, we will attempt to provide you notice (based on your contact information you have provided us) before implementing such revisions with respect to such information.

8.DATE LAST MODIFIED

8.1. This Privacy Policy was last modified August 20, 2018

 

9.CONTACT INFORMATION

9.1 Please contact Company at info@nextlot.com with any questions or comments about this Privacy Policy.