"Personally Identifiable Information" means any information that may be used to identify an individual, including, but not limited to, a first and last name, home or other physical address, an email address, phone number or other contact information. Stack’s Bowers collects certain Personally Identifiable Information from you when you visit our website or register to participate in an online auction. Information we collect may include your name, phone number, address, email address; and where applicable, credit card or other payment information, demographic information, purchases, credit and payments history.
In some cases you can choose to modify, edit, or delete your Personally Identifiable Information by visiting the "my account/settings" page through a link available on the home page of Stack’s Bowers’ website. In order to provide the most convenient experience possible for our customers, the server on Stack’s Bowers’ website may also automatically receive and record information from your browser on our server logs when you visit our website, including your IP address, cookie information and the page(s) you request. You can set most web browsers to inform you when a cookie has been sent to you and provide you with an opportunity to refuse the cookie, or generally not to permit cookies and other types of automated data collection. However doing so will impact critical functionality and user experience. Automatically collected information does not include Personally Identifiable Information. Our server automatically collects data about your server's internet address, known as an IP Address, when you visit Stack’s Bowers Website. Your IP Address is used to help us identify you and gather demographic information, but does not include Personally Identifiable Information.
We use Personally Identifiable Information to support the products and services offered on our Websites, notify you of technical updates or changes in policy, and to deliver other customer services. We also may use Personally Identifiable Information to offer you new products and services.
In addition, we may use your Personal Identifiable Information to send you notices about upcoming events or otherwise correspond with you about products and services. You may opt-out of receiving such notices.
From time to time, we may contract with third parties for services, such as the provision of operational support to the website's server or marketing data analysis; these services may need to obtain access to Personally Identifiable Information in order to provide the service. If we disclose such information to third parties, it will only be for these limited purposes and we will take every precaution to keep such information secure; we will never disclose your Personally Identifiable Information to any third party for that party's marketing purposes without your explicit permission. Your Personal Identifiable Information will be sent to third parties to process your transactions, maintain your account, and to respond to legal matters.
Stack’s Bowers does not rent, sell or share Personal Identifiable Information it collects about you to with third parties without your permission except as noted in the previous section. However, Stack’s Bowers may disclose Personal Identifiable Information if required to do so by law or in the good faith belief that such action is necessary to: (1) protect and defend Stack’s Bowers’ rights or property, or (2) act in urgent circumstances to protect the personal safety of Stack’s Bowers users, our website, or the public.
We may use third parties to help us operate our website and deliver our products and services, and may share Personal Identifiable Information with affiliates, service providers and other third parties to provide products and services for or through this website.
You have the right to "opt out" of certain of our uses of your Personal Identifiable Information. For example, at the time you are requested to provide Personal Identifiable Information on this website, you may have the opportunity to elect to, or not to receive correspondence from us (either on our behalf or on behalf of an affiliate or third party). You may also make this request by sending us an email to [email protected] Please understand that if you opt-out of receiving promotional correspondence from us, we may still contact you in connection with your relationship, activities, transactions and communications with us. You may control how you receive such non-promotional correspondence from us by updating your account preferences. You may not opt out from our using your Personal Identifiable Information to process your transactions, maintain your accounts, and respond to legal matters.
Stack’s Bowers will take reasonable steps to protect the security of all Personal Identifiable Information provided to this website. However, due to the inherent nature of the Internet, we cannot guarantee that information, during transmission or while stored on our system or otherwise in our care, will be absolutely safe from intrusion by others. Credit card information stored electronically is only accessible by authorized individuals. It is stored encrypted in our databases which are also secured and only authorized individuals have access to those servers. We will have no liability for disclosure of your information due to errors or unauthorized acts of third parties during or after transmission.
Stack’s Bowers seeks to avoid sending unsolicited bulk email (spam). Stack’s Bowers sends email messages to customers who have provided us with their email address and have elected to receive mailings. If you opt out of promotional emails, Stack’s Bowers may still send email messages related to your purchase of products or services.
We may disclose user information to government authorities, and to other third parties when compelled to do so by government authorities, at our discretion, or otherwise as required or permitted by law, including but not limited to in response to court orders and subpoenas. We also may disclose user information in connection with investigations or when we have reason to believe that someone is causing injury to or interference with our rights or property, other users of the website, or anyone else that could be harmed by such activities.
Stack’s Bowers regards its databases of customer information (which will include your Personal Identifiable Information) as a valuable asset. In the event that Stack’s Bowers sells all, or substantially all of its or their assets, is acquired by a third party as a result of an acquisition, merger, sale, reorganization, consolidation or liquidation, such databases containing Personal Identifiable Information may be one of the transferred assets. By using the website you consent to such transfer of your Personal Identifiable Information.
In some cases you may review and edit the Personal Identifiable Information that is stored in your user account on this website (e.g., your passwords and other contact information) by visiting a "My Profile" or similar area of your account on this website or by emailing [email protected], or calling 1-800-458-4646. We will send you a copy of the Personal Identifiable Information we have on file in your user account (if any). You may send us new or updated information at any time. For example, clients may change their passwords and validation reminder at any time. We will endeavor to respond to your request to access, update or delete your information as soon as practicable. Before we are able to provide you with any information correct any inaccuracies or delete any information, however, we may ask you to verify your identity and to provide other details to help us to respond to your request.
If you have questions about this policy or about Stack’s Bowers’ practices, we will respond promptly when you contact us by email at [email protected] or by postal mail at: Stack's Bowers Galleries., 1231 East Dyer Road, Suite 100, Santa Ana, California 92705.
We collect and store information that you voluntarily provide to us as well as data related to your use of the Site and Application.
When you register with us and use the Services, we ask that you provide your name, email address, user name and password. You can also choose to provide us with additional information, such as a contact phone number. All of the information listed in this paragraph is collectively referred to as your “Personal Data”. This Personal Data is necessary to provide you with the Application and we are processing this Personal Data in accordance with your request.
If you choose to purchase an item at auction, your payment information is processed by a third party payment processor. Please carefully read the section titled “Processing Payments for Auction Items” below. All payment information is necessary to process for the purpose of completing the transaction that you have requested with the Auction House.
The Application can also provide you with push notifications of upcoming events, such as sales or auctions. You can opt out of receiving push notifications at any time by using the settings on your mobile device. You can stop all collection of information by the Application by uninstalling the Application. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.
In addition, we automatically collect certain information and analytical data related to your use of the Site and Application (“Usage Information”). In the aggregate, this Usage Information is non-personally identifiable or anonymous information about you, including the date and time of your visit, the phone network associated with your mobile device, your mobile device’s operating system or platform, the type of mobile device you use, your mobile device’s unique device ID, location and the features of our Application you accessed (collectively “Aggregate Information”). This Aggregate Information is in no way associated with your Personal Data. Usage Information is necessary for the operation and optimization of the Site and the Application.How do you use my information, and how long do you keep it?
We use collected information, including Personal Data, to make available and to improve our high standard of reliable services. We use such information to:
respond to inquiries or service requests and monitor such responses;
provide information about and market our products or services;
enable transactions conducted between you and the Auction House using the Application;
resolve problems; and
manage the Site and Application and assess usage of the Services.
We will retain Personal Data for as long as you continue to use the Site and/or Application and as long as is necessary thereafter to meet our obligations to the Auction House or legal obligations. We will retain Aggregate Information for up to 24 months.How do you share my information with others?
Processing Payments for Auction Items
We use third-party credit card processors to process payments for auction items that you choose to make through the Services. To make this possible, your name, billing address and order total are shared via secure (encrypted) means with our third-party payment processors for the sole purpose of completing your order. Please note that your credit card information (number, expiration date, security code) is stored by the third party payment processor and not us. We have entered into agreements (including data processing agreements for our users located in the European Economic Area) with our payment processors to protect and secure your information. If you would like information on our payment processors, please contact us at [email protected].
We may disclose Personal Data to our third party service providers to provide you with the Services, including our third party payment processor. We share Aggregate Information with companies that provide public relations and marketing services for us. Such information will only be shared by us to customize, measure and improve our Site, Application and Services.
We may disclose information, including Personal Data, which we believe is appropriate to protect our rights, or to cooperate in investigations of fraud or other illegal or inappropriate activity or in response to a subpoena, court order or other comparable legal process. If a subpoena seeks information about an identified user or limited group of users, we’ll make reasonable business efforts, if permitted, to contact the user(s) before providing information to the party that requests it. We cannot guarantee that we will be able to contact the user(s) in all cases.
We may disclose Personal Data to your agent or legal representative (such as the holder of a power of attorney that you grant, or a guardian appointed for you) and may request identity verification before disclosing Personal Data in such a case.
We are not limited in our use of Aggregate Information that does not permit direct association with any specific individual, or non-identifiable aggregate information about our users (such as the number of users of our Services, the geographic distribution of our users, the amount of information located and/or removed, etc.).How do I change, delete or access my Personal Data?
We collect certain information about your mobile device automatically, such as the type of mobile device you use, your mobile device’s unique device ID, the Internet Protocol (IP) address of your mobile device, your mobile device operating system, location, the type of mobile device Internet browser you use, and information about the way you use the Application. If you prefer, you can program your mobile device so that it does not store this information while utilizing the Applications. Certain Application features may only be available through the collection and use of this type of “cache data”. We may use cache data to assist in data collection and to track Application usage and trends to help us better serve you.
We have implemented industry standard information security practices including administrative, physical, and technical measures to protect your Personal Data from loss, misuse, or unauthorized access, disclosure, alteration, or destruction. The security of your account relies on your protection of your password and mobile device(s). You are responsible for maintaining the security of your password. You are solely responsible for any and all activities that occur under your account or on your mobile device. You may not share your password or Services account with anyone. We will never ask you to send your password or other sensitive information to us in an email, though we may ask you to enter this type of information on the Site or the Application interface. If you believe someone else has obtained access to your password, please change it immediately. If you believe that an unauthorized access has already occurred please report it immediately at [email protected]. You must promptly notify us if you become aware that any information provided by or submitted to in connection with the Services is lost, stolen, or used without permission.
If you have general concerns or questions regarding the security of information collected, processed or stored by the Site and/or Application, you can contact us at [email protected].Effective Date; Policy Changes
Each time you use the Services, the current version of the Policy will apply. Accordingly, when you use the Services, you should check the date of this Policy (which appears at the top of the Policy) and review any changes since the last version. Our business changes frequently and this Policy is subject to change from time to time. Unless stated otherwise, our current Policy applies to all information that we have about you. We will not materially change our policies and practices to make them less protective of Personal Data collected in the past without the consent of affected customers.Notice to California Residents
California Civil Code Section 1798.83 permits customers who are California residents and who have provided us with “personal information” (as that term is defined in Section 1798.83) to request certain information about the disclosure of that information to third parties for their direct marketing purposes. If you are a California resident with questions regarding this, please contact us via email at [email protected] or by mail at:
192 South St., Suite 600
Boston MA 02111.
If you are located in the EEA, you are entitled to certain information regarding your Personal Data and our legal basis for collecting and processing such Personal Data.
Examples of Personal Data
Legal grounds for processing
To provide you with requested services (for example, bidding, shipping, payment)
Name, contact details (including email address, postal address, telephone number)
Your payment card details
Records of your communications with use (including bidding instructions recorded in online bidding logs)
Performance of a contract
To evidence our compliance with legal requirements
Details of your past transactions (including any tax paid or tax withheld) and/or shipments (including any permits obtained or duties paid)
Any information relating to a dispute or legal proceeding
Compliance with a legal obligation
To provide you with details about upcoming auctions or other events from the Auction House
Your name, email address
Your marketing and communication preferences (in your Auction House account)
To monitor the performance of our Site and Application and make your user experience better
Your IP address
Your browser type, device ID, and operating system
The resources your access on your Auction House account and the Services
The data obtained from cookies, web logs, and other similar technologies that monitor the use of our Site and Application
You may have rights of access, correction, or deletion of your Personal Data. You may access or correct Personal Data at any time through your account. If you’d like to delete your Individual Information that you have provided in connection with the Services, please contact us at [email protected] and we will forward your request to the Auction House. For all other data subject requests under EEA laws, we will cooperate with the Auction House as the controller of your Personal Data.
We are located in the United States and provide our Services from the United States, and as such, your Personal Data will be held in our servers located in the United States. The United States does not have the same data protection laws as in the EEA. We have certified to the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of your information transferred from any country in the EEA or Switzerland (as applicable) to the United States. To read our Privacy Shield statement click here. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/list. In addition to our Privacy Shield certification, we provide the Services to the Auction House as a data processor pursuant to instructions and a data processing agreement, including the EU Commission approved “standard contractual clauses.” More details about typical standard clauses can be found here.Contact Us
To contact us with your questions or comments regarding this Policy or the information collection and dissemination practices of the Application, please email us at [email protected] or contact us by mail at:
192 South St., Suite 600
Boston MA 02111.