This privacy policy (“Privacy Policy”) tells you how we use your information when you use our Auction Experience Management Platform on the website(s) (the “Site”) and mobile application(s) (the “Application”) made available by Auction Mobility LLC (“we,” “us” or “our”) on behalf of Swann Galleries App (the “Auction House”). Our Terms of Use and the Auction House’s Conditions of Sale are incorporated by reference.

The Site and Application allow you to, among other things use your computer or mobile device(s) to place bids and monitor live auctions (collectively, the “Services”). Pursuant to our agreement with the Auction House, the Auction House is the owner of any information collected through the Site, and we act as a processor. This Privacy Policy is only applicable when users access the Site and the Application and may not be applicable to information collected by the Auction House in other channels (for example, valuation services, subscriptions to catalogues, telephone bid transactions, etc.). We share your information with the Auction House, and by conducting a transaction using the Application, you consent to that sharing. The Auction House may have their own privacy policy, please consult the Auction House’s privacy policy for information on how the Auction House uses it.

• What types of information does the Site and the Application collect?

• How do you use my information and how long do you keep it?

• How do you share my information with others?

• How do I change or delete my Personal Data?

• How do you protect my information?

• How do the Services use cookies or other technologies?

• Effective Date; Policy Changes

• Notice to California Residents

• Notice to Nevada Residents

• For Users Located in the European Economic Area (including the United Kingdom)

• Contact Us

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.

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 other legal obligations. We will retain Aggregate Information for up to 24 months.

We host the Site and Application and provide the Services in connection with and on behalf of the Auction House. We do not sell or rent your Personal Data to third parties. .We share your Individual Information and Usage Information with the Auction House for their business purposes, including marketing purposes. The Auction House may have its own privacy policy and you should consult that for information on how the Auction House uses it.

The ways we may share your Personal Data are outlined below.

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 legal@auctionmobility.com.

Service Providers

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.

Legal Processes

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.

As with any other business, it is possible that in the future we could merge with or be purchased by another company. If we are acquired, the company that acquires us would have access to the information maintained by us, including Personal Data, but would continue to be bound by this Privacy Policy unless and until it is amended.

Aggregate Information

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.).

You may view, change, or access your Personal Data at any time by logging into the Services and changing your account information. If you’d like to delete your Individual Information that you have provided in connection with the Services, please contact us at legal@auctionmobility.com and we will forward your request to the Auction House.

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 legal@auctionmobility.com. 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 legal@auctionmobility.com.

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 may use third party analytics services on our website, such as Google Analytics. The information collected through these means (including IP address) is disclosed to these service providers, who use the information to analyze use of our website. To disable Google Analytics, please download the browser add-on for the deactivation of Google Analytics provided by Google at Google Analytics Guide. We use this information only to improve the Services, but do not combine it with personally identifiable information. See our Cookie Policy for further information on our use of cookies.

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.

California Civil Code Section 1798.83, known as the “Shine the Light” act, 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 legal@auctionmobility.com or by mail at:

Auction Mobility LLC
464 Common Street, Suite 326
Belmont MA 02478

Under the California Consumer Privacy Act (“CCPA”), Auction Mobility is a “service provider” to the Auction House. The CCPA grants California residents certain rights with respect to disclosure, access, and deletion of personal information collected by a covered business. If you are a California resident with questions about your rights and personal information under CCPA, please contact the Auction House and we will cooperate with the Auction House to address your requests.

We do not sell, rent, or otherwise share your data to any third-party for a business or commercial purpose, other than the Auction House. By establishing an account via the Auction Mobility Site and the Application, you specifically consent to such disclosure. Pursuant to Section 603A of the Nevada Revised Statutes, residents of Nevada may, at any time, submit a request to an operator of a website in Nevada directing the operator not to make any sale of any personal information the operator has collected or will collect about the consumer. If you are a Nevada resident and want to opt-out of the sale of any personal information at any future time, please submit an email request to legal@auctionmobility.com. In your request, please specify that you want to “Opt-Out of Sale of Personal Information in Nevada.” Please allow 60 days for a response.

If you are located in the EEA or the United Kingdom, you are entitled to certain information regarding your Personal Data and our legal basis for collecting and processing such Personal Data.

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 Auction House account. If you’d like to delete your Individual Information that you have provided in connection with the Services, please contact us at legal@auctionmobility.com and we will forward your request to the Auction House. For all other data subject requests under the General Data Protection Regulation (or comparable UK data protection law), 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 or the United Kingdom.

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. Auction Mobility complies with the EU-US Privacy Shield Framework as set for the by US Department of Commerce regarding the collection, use, and retention of your Individual Information transferred from the European Union and the United Kingdom to the United States. To read Auction Mobility’s Privacy Shield Statement click here. To learn more about the Privacy Shield program, and to view Auction Mobility’s certification, please visit https://www.privacyshield.gov/list and search for Auction Mobility LLC.

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 legal@auctionmobility.com or contact us by mail at:

Auction Mobility LLC
464 Common Street, Suite 326
Belmont MA 02478

If you have questions about the Auction House’s use of your Personal Data, please refer to the Auction House’s privacy policy and contact the Auction House directly.