Thank you for visiting and using ACV Auctions!
Here at ACV Auctions (collectively, ACV Auctions Inc., our affiliates and subsidiaries, hereinafter referred to as “ACV Auctions,” “us,” “we,” or “our”), privacy is very important to us. This ACV Auctions Privacy Policy (this “PrivacyPolicy”) describes how ACV Auctions collects, uses, and handles any personally identifiable data you provide us when you use our website available at www.acvauctions.com/careers-india, applications, software and other services(“Services”). By submitting Personal Data (as defined below) to ACV Auctions, by conducting business with ACV Auctions or by using our Services, you (hereinafter referred to as “you”) agree to the terms of this Privacy Policy and expressly consent to the collection, processing, use and disclosure of your Personal Data or information for the purposes set out in this Privacy Policy.
This Privacy Policy does not apply to other companies’ websites, services or links that you may access via our Services.
This Privacy Policy is integrated into our terms of service and certain other terms of use, which we may, from time to time, require you to accept as a condition of using our Services.
Please read this Privacy Policy carefully to understand our policies and practices regarding Data (as defined below) and how we will treat it. By using or accessing the Services, you agree with and consent to the practices described in this Privacy Policy. You should immediately cease accessing the Services if you do not agree with this Privacy Policy or the terms contained herein.
This Privacy Policy describes the following:
o Statement of ACV Auctions practices and policies about Data that we directly collect, or you provide to us on or through the use of our Services;
o The types of Data that we may collect from you when you access or use our Services;
o Purposes for which we collect and process your Data and our practices for collecting, using, maintaining, processing, protecting, and disclosing the Data; and
o Security practices and procedures for protecting the privacy of Personal Data.
This Privacy Policy applies only to the Data we collect or the Data you provide to ACV Auctions on and through the use of the Services.
1. DEFINITIONS
(a) “Non-personal Data” refers to any data other than Personal Data collected from you, directly or indirectly, pursuant to your access or use of Services, including but not limited to the browser name, the type of computer, and technical information about your means of connection to the Services such as the operating system, the internet service providers utilized and other similar information.
(b) “Personal Data” means the data or information relating to you, which can be used to identify you, either directly or indirectly, in combination with other information available or likely to be available.
(c) “Data” means collectively, Personal Data and Non-personal Data.
(d) “Third Party” refers to any person or entity other than you or us.
2. THE DATA WE COLLECT AND HOW WE USE IT
We collect Data in various forms from you when you access and use the Services, including:
o Directly from you when you provide it to us; and/or
o Automatically, as you use and navigate through the Services (information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies); and/or
o Through our various automatic data collection processes that collect public information about users/ potential users from the internet; and/or
o From Third Parties to whom you may provide your Personal Data in order to use our Services or to contact us.
The type of Data we collect from you, and further process depends upon your use of the Services. In general, the Data which we may collect can be divided into the following broad categories:
A. Personal Data
The Personal Data we collect through our Services or from Third Parties may include the following particulars. Please note that the list below is indicative, and the particulars of the Personal Data that we collect may change:
o Your full name, email address, postal code, password, and other information you may provide while registering your profile or when prompted through the Service, including but not limited to your mobile phone number, or any such Personal Data as may be required for applying for a job with us including but not limited to education details, the organization you are employed with, information regarding your work experience, your curriculum vitae/resume etc.
o We may collect Personal Data about your activity while interacting and using our Services that may be personally identifiable, such as your search queries, comments, domain names, search results selected, number of clicks, pages viewed, and the order of those pages, how long you used the Services, the date and time you used the Services, error logs, and other similar information.
For applicants who are applying for a job at ACV Auctions, we may collect the following Personal Data about you in order to process your application:
o Personal details such as your full name (and any maiden or previous name), current and previous addresses, nationality, date of birth, marital status and dependents, telephone numbers, e-mail addresses and passport, driving license, national identifier, ethnic origin and disability details;
o Details of your emergency contact(s);
o Details of your employment circumstances, such as your current role, salary, pension, and benefits information;
o Recruitment information (including copies of right to work documentation, references and other information included in a resume or cover letter or as part of the application process);
o Information from fraud prevention agencies;
o Information from law enforcement and crime reference agencies; and
o Information from credit reference agencies..
If you fail to provide the information when requested which is necessary for us to consider your application (such evidence of qualifications or work history), we will not be able to process your application successfully. For example, if we require a credit check or references for this role and you fail to prevent us with relevant details, we will not be able to take your application further.
ACV Auctions does not sell any Data that it may collect from you.
B. Non-personal Data collected through automated data collection technologies
We may automatically collect certain Non-personal Data about the computer or devices (including mobile devices) you use to access the Services and about your use of the Services. While collecting any Non-personal Data, we will ensure that such data does not include any personally identifiable information. Please note that the list below is indicative in nature, and the particulars of the Non-personal Data that we may collect in the future may change.
o Usage information: Details of your access to the Services and use of the same, including traffic data, location data, logs, and other communication data and the resources you access and use on or through our Services.
o Computer and device information: Non-personal Data about your computer, internet connection, and mobile device, including your IP address, operating systems, platforms, browser type, other browsing information(connection, speed, connection type, etc.), device type, device’s unique device identifier, mobile network information, and date and time of your visit or use of our Services.
o Last URL visited: We may collect information relating to the URL of the last web page you visited before visiting our Services.
o Your preferences: Your preferences and settings, such as time zone and language.
o Your activity while using the Services: We may collect information about your activity while using the Services, such as your search queries, comments, domain names, search results selected, number of clicks, pages viewed and the order of those pages, how long you accessed and used the Services, error logs, and other similar information.
C. Non-personal Data obtained from cookies and other electronic tools
We, and Third Parties with whom we partner, may use cookies, pixel tags, web beacons, mobile device IDs, application programming interfaces (APIs)“flash cookies” and similar files or technologies to collect and store information in respect to your use of the Services, and third-party websites. A cookie is a small text file that is stored on the computer that enables us to recognize you (for example, as a registered user) when you access and use the Services, store your preferences and settings, enhance your experience by delivering content and advertising specific to your interests, perform research and analytics, track your use of the Services, and assist with security and administrative functions. Cookies may be persistent or stored only during an individual session.
A pixel tag (a web beacon or clear GIF) is a tiny graphic with a unique identifier embedded invisibly on a webpage (or an online ad or email). It is used to count or track things like activity on a webpage or clicks and to access cookies stored on users’ computers. We may use pixel tags to measure the popularity of our various pages, features and services. We may also include web beacons in e-mail messages or newsletters to determine whether the message has been opened and for other analytics.
Most browsers are set to allow cookies automatically. Please note that it may be possible to disable some (but not all) cookies through your device or browser settings but doing so may interfere with certain functionalities of the Services. Major browsers provide users with various options when it comes to cookies. Users can usually set their browsers to block all third-party cookies(which are those set by third-party companies collecting information on websites operated by other companies), block all cookies (including first-party cookies such as the ones we use to collect search activity information about users), or block specific cookies. To modify your cookie settings, please visit your browser’s help settings. You will need to opt-out from each browser and each device you use to access the Services.
Flash cookies operate differently than browser cookies and cannot be removed or blocked via web browser settings.
Third Parties whose Services are accessible through our website or platform may also use cookies or similar tools. We advise you to check their privacy policies for information about their cookies and other practices. We do not control the practices of such Third Parties, and the privacy policies provided by such Third Parties solely govern their interactions with you.
D. Anonymous or de-identified Data
We may anonymize and/or de-identify Personal Data collected from you. This Privacy Policy does not restrict our use and disclosure of aggregated and/or de-identified information. It may be used and disclosed to others without limitation for purposes including but not limited to aggregation of data and statistics relating to the use of the Services.
We may also collect and store Data to process your requests and automatically complete forms for future transactions, including (but not limited to) your phone number, address or email.
3. HOW WE USE AND PROCESS THE PERSONAL DATA WE COLLECT
We undertake to use and process your Personal Data with integrity, accountability, fairness, and transparency. We also undertake to use our best efforts to protect the Personal Data from any unlawful processing. We use and process the Personal Data we collect from and about you for a variety of purposes. These purposes are listed below in detail:
o Provide Services: We use your Personal Data to provide and deliver Services to you, and to process your requests while using the Services, including registration for applying for a job with us.
o Recruitment Purposes: We use your Personal Data in relation to your recruitment for a job at ACV Auctions as listed on our website or our Third Party service providers’ website. This may include processing your Personal Data for assessment of your job application, undertaking credit checks, criminal record checks and background checks to verify your credentials and other information you have provided to us for recruitment purposes. For recruitment, we will share your Personal Data with Third Party service providers who may process your Personal Data for your recruitment at ACV Auctions. These Third Party service providers are software as a service providers who help ACV Auctions with recruitment of candidates at ACV Auctions.
o Measure, Support, and Improve Services: We use your Personal Data to measure the use of, analyze the performance of, fix errors in, provide support for, improve, and develop the Services.
o Recommendations and Personalization: We use your Personal Data to provide recommendations to you while using our Services that might interest you or might be useful for you, identify your preferences, and personalize your experience while using the Services.
o Comply with Legal Obligations: In certain cases, we have a legal obligation to collect, use, or retain your Personal Data, therefore we may be legally required to collect your Personal Data.
o Communicate with You: We use your Personal Data to communicate with you in relation to the Services via different modes (e.g., by phone, email, chat) and to respond to your requests.
o Marketing: We may use your Personal Data to market and promote our Services.
o Prevention of Fraud and Abuse: We may use your Personal Data to prevent and detect fraud and abuse to protect the security of our Services and ACV Auctions.
o Purposes for Which We Seek Your Consent: We may also ask for your consent to use your Personal Data for a specific purpose we communicate to you other than as listed herein.
We will hold your Personal Data only for as long as necessary. The period for which we retain Data, including Personal Data, will depend on the purposes for which it was collected, our obligations under applicable laws, the nature of any contracts we have in place with you, and the existence of your consent.
4. HOW DO WE SHARE THE PERSONAL DATA WE COLLECT
We may disclose your Personal Data, as described in this Privacy Policy, in the following ways:
General Disclosures
o To our subsidiaries and affiliates.
o To contractors, service providers, and other Third Parties whom we use/engage to support our provision of Services and who are also bound by contractual obligations to keep your Personal Data confidential and use it only for the purposes for which we disclose it to them.
o To fulfill the purpose for which you provide Personal Data to us.
o For any other purpose disclosed by us when you provide the Personal Data.
o Service Providers. We may share your Personal Data with Third Parties such as service providers who help us in our recruitment process and conduct background checks.
o As required by Law. We may share your Personal Data when we believe in good faith that such sharing is reasonably necessary to investigate, prevent, or take action regarding possible illegal activities or to comply with legal process. We may also share your Personal Data to investigate and address threats or potential threats to the physical safety of any person, to investigate and address violations of this Privacy Policy, or to investigate and address violations of the rights of Third Parties and/or to protect the rights, property, and safety of ACV Auctions, our employees, users, or the public. This may involve sharing your Personal Data with law enforcement, government agencies, courts, and/or other organizations on account of legal requests such as court orders, or government demands to comply with the law.
o To enforce or apply our terms.
o If we believe disclosure is necessary or appropriate to protect ACV Auctions rights, property, or safety. This includes exchanging Data with other companies and organizations for fraud protection.
o Consent. We may share your Data in any other circumstances where we have your consent.
5. COMMUNICATIONS CHOICES
When you register to use our Services, you opt-in to receive emails, notifications, and SMSs from ACV Auctions. In case you wish not to receive any marketing emails or messages from us services, you may opt-out or unsubscribe from the same.
6. RIGHTS AVAILABLE TO YOU
You have the following rights under applicable data protection law, and we will comply with them as required and not violate your rights with respect of your Personal Data when you exercise them:
o Right to access and correct your Personal Data: If you would like to review or change your Personal Data, you can contact us at datasubjectrights@acvauctions.com.Upon receiving your request, we will provide you with a summary of your Personal Data, which is being processed by us, and the identities of all other data fiduciaries and processors with whom your Personal Data has been shared, along with a description of the Personal Data so shared.
We will take reasonable steps to accurately record the Personal Data you provide and any subsequent updates. We encourage you to review, update and correct the Personal Data that we maintain about you, and you may request that we delete your Personal Data that is inaccurate, incomplete, or irrelevant for the purposes it is being collected or being processed in a way which infringes any applicable legal requirement.
Your right to review, update, correct, and delete your Personal Data may be limited (i) if your requests are abusive or unreasonably excessive, (ii) where the rights or safety of another person or persons would be encroached upon, or (iii) if the information or material you request relates to existing or anticipated legal proceedings between you and us, or providing access to you would prejudice negotiations between us or an investigation of possible unlawful activity. Your right to review, update, correct, and delete your Personal Data is subject to our records retention policies and applicable law, including any statutory retention requirements.
o Right to erasure: You have the right to seek erasure of your Personal Data by us. Please note our Data retention policy, as set out in Section 8 below. In accordance with applicable data protection laws, you can ask us to erase your Personal Data where:
(i) you do not believe that we need your Personal Data in order to process it for the purposes set out in this Privacy Policy;
(ii) if you had given us consent to process your Personal Data, you withdraw that consent, and we cannot otherwise legally process your Personal Data;
(iii) you object to our processing, and we do not have any legal basis for continuing to process your Personal Data;
(iv) your Personal Data has been processed unlawfully or has not been erased when it should have been; or
(v) Personal Data has to be erased to comply with the law.
We may continue to process your Personal Data in certain circumstances in accordance with applicable data protection laws, i.e., where we have a legal basis to continue to store or preserve such Personal Data, for example, because it is within our legitimate business interest to do so, such as billing information, information required to be stored by us as per applicable taxation laws in India, etc. Where you have requested the erasure of your Personal Data, we will inform recipients to whom that Personal Data has been disclosed unless this proves impossible or involves disproportionate effort.
Please note that while we may remove Personal Data which directly identifies you pursuant to a request of right to remove or erase your Personal Data, we may continue to retain and process your Personal Data if the same has been anonymized and cannot be used to identify you.
o Right to withdraw consent: If you no longer consent to our processing of your Personal Data, you may request that we stop such processing by contacting us at datasubjectrights@acvauctions.com. Please note that if you withdraw your consent to such processing, for example in respect of the use of cookies, it may not be possible for us to provide all/part of the Services to you.
o Right to restrict processing: You have the right to restrict or prevent us from processing your Personal Data. In accordance with applicable data protection laws, you may request that we should stop processing your Personal Data if:
(i) you do not think that your Personal Data is accurate (but we will start processing again once we have checked and confirmed that it is accurate);
(ii) the processing is unlawful, but you do not want us to erase your Personal Data;
(iii) you believe we no longer need the Personal Data for our processing; or
(iv) you have objected to processing because you believe that your interests should override the basis upon which we process your Personal Data.
If you exercise your right to restrict us from processing your Personal Data, we will continue to process the Personal Data if:
(i) the processing is necessary for the exercise or defense of legal claims;
(ii) the processing is necessary for the protection of the rights of other individuals or legal persons;
(iii) the processing is necessary for public interest reasons; or
(iv) the processing is required to comply with the applicable laws and/or government orders or directions.
o Right to object: You have the right to object and ask us to stop contacting you with direct marketing. If you would like to object and ask us to stop contacting you with direct marketing, please:
(i) email or write to us, and/or
(ii) let us know what method of contact you are not happy with, if you are unhappy with certain ways of contacting you (for example, you may be happy for us to contact you by email but not by telephone).
We will provide you with information on action taken on a request to stop direct marketing – this may be in the form of a response email confirming that you have ‘unsubscribed’.
o Right to grievance redressal: In case you have any queries or grievances in relation to any act or omission of ACV Auctions regarding the performance of its obligations in relation to your Personal Data or in relation to your exercise of your rights under the applicable data protection laws and this Privacy Policy, you may contact us at datasubjectrights@acvauctions.com.
o Right to nominate: In the event of your demise or incapacity, you may nominate any other individual to exercise your rights in accordance with the provisions of the applicable data protection law and this Privacy Policy.
7. RETENTION OF PERSONAL DATA
o Your Personal Data will be kept and stored for such period of time as it will be necessary taking into account the business purpose for which it was collected in the first instance, and our obligations under applicable data protection law. This may include retaining Personal Data as necessary to comply with our legal obligations, resolve disputes, enforce our agreements, support business operations, and continue to develop and improve our Services.
o Where we retain Personal Data for improvement and development of our Services, we take steps to eliminate information that directly identifies you, and we only use the information to uncover collective insights about the use of our Services and not to specifically analyse personal characteristics about you.
8. SECURITY: HOW WE PROTECT YOUR DATA
We have implemented appropriate physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access to your Personal Data and maintain data security, including as necessary as per the applicable laws. These safeguards consider the sensitivity of the Personal Data that we collect, process, and store. Technological safeguards we implement to secure your Personal Data include firewall protection, and end-to-end encryption (including during transit) and all the server connections made are HTTPS-secured. At an organisational level, we only allow specific personnel of ACV Auctions, who are pre-authorised, to access your Personal Data only on a need-to-know basis.
We follow generally accepted industry standards to protect your Personal Data. You submit to us, both during transmission and once we receive it, including storing yourPersonal Data at a subnet level. However, no method of transmission over the internet or via mobile device, or method of electronic storage, is one-hundred percent secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security and usage in a manner inconsistent with this Privacy Policy.
We assume no liability or responsibility for disclosing your Personal Data due to errors in transmission, unauthorized third-party access, or other causes beyond our control. You play an important role in keeping your Personal Data secure. Further, notwithstanding anything contained in this Privacy Policy or elsewhere, we shall not be held responsible for any loss, damage, or misuse of your Personal Data, if such loss, damage, or misuse is attributable to any event that is beyond our reasonable control or is directly attributable to you.
9. CHILDREN UNDER 18
Services is not intended for users under the age of 18. We do not knowingly collect any Personal Data, or Data from children under 18 or market to or solicit information from anyone under the age of 18. If we become aware that a person submitting Personal Data is under 18, we will delete such Personal Data as soon as possible. If you believe we might have any information from or about a child under 18, please get in touch with us at datasubjectrights@acvauctions.com.
10. THIRD PARTY LINKS
The Services may contain links to other sites and resources provided by Third Parties, these links are provided for your convenience only, these may include sponsored links and Third Party links. We do not have control over the contents of such sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the Third Party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such Third Party websites/platforms/links.
11. COMPLIANCE WITH APPLICABLE DATA PROTECTION LAWS
Personal Data we obtain from or about you may be processed and stored in India and our other servers across the globe, which may provide for different data protection rules than the country in which you reside. We comply with generally accepted industry standard regulations regarding data collection, use, and retention. Each location may provide different data protection rules than the country in which you reside. By using the Services, you consent to the collection, transfer, use, store, and disclosure of your Personal Data as described in this Privacy Policy, including the transfer of your Personal Data outside your country of residence. If you have any questions about your Personal Data, please write to us at datasubjectrights@acvauctions.com.
12. CHANGES TO THIS PRIVACY POLICY
We reserve the right to amend and update this Privacy Policy from time to time to reflect changes in the law, our data collection and use practices, the features of the Services. Please check this page periodically for any such changes. The use of your Personal Data we collect is subject to the Privacy Policy in effect at the time such Personal Data was used. If we make any material changes to this Privacy Policy, we will inform you of such changes. Please review the changes carefully.
13. CONTACT US
If you have any queries relating to the processing/usage of information provided by you or the Privacy Policy, you may contact us at datasubjectrights@acvauctions.com.
