- In this Agreement, except to the extent expressly provided otherwise:
"Act" means the Privacy Act 1988 (Cth) and the Privacy Act 2020 (New Zealand) where applicable.
"Company" means RE Software Pty Ltd trading as Auctions Live and any related bodies corporate.
"Our(s)/Us" means the Company.
"SaaS" means Software as a Service.
"Website" means www.auctionslive.com and includes but is not limited to any sub-domains, mobile sites, apps and APIs.
"You/Your" means any person or corporation using the Websites.
By using the Websites, You consent to the:
- Use; and
- The Company does not provide any express or implied warranty as to the accuracy of the contents on the Websites and accepts no liability for damages resulting in direct, indirect, or consequential damages because of the use of the Websites.
- Content from this Website, including text, images, graphics, and publications, are the property of the Company. You may not publish, copy, reproduce, sell, or store in an electronic database any material from this Website without the prior written consent from the Company.
- The Company is a SaaS business. We acknowledge that to operate Our businesses successfully we must maintain high standards when it comes to how we collect, hold, use, and disclose personal information.
- We recognise Your right to privacy and have established several protocols to help us keep the information we hold complete, accurate and up to date.
- All the information collected is held in Australia and is covered by the Australian Privacy Principles (APPs), under the Act.
- The Company will continue to be transparent in its activities and endeavours to keep the marketplace advised of its operations.
- The Company is committed to protecting and maintaining the privacy of individuals and the accuracy and security of the personal information it holds.
- Our staff adhere to the standards, policies, and procedures that the Company has in place to protect an individual’s personal information.
- All reasonable steps are taken by us to ensure that Your personal information held by us is accurate, up to date, complete, relevant and not misleading. If You believe that any of Your personal information is not accurate, up to date, complete, relevant or not misleading, please contact us (see below) and the Company will take all reasonable steps to correct it within a reasonable time.
All copyright information contained in this Website is the sole property of the Company. You may not use, distribute, modify, copy, or reproduce in any way any of the material in this Website without the prior written consent of the Company.
Collecting and Handling Personal Information
In collecting and handling personal information, we are bound by the Act, including the Australian Privacy Principles (APPs), and applicable privacy regulations.
The types of personal information we collect may include Your details such as name, email, phone numbers, mailing or street address, age, birth date, driver licence number, gender, occupation family details, credit card and banking details. For some services and products, the Company may also collect Your personal information to enable verification of Your identity.
We may also collect:
- Details concerning the value of Your property.
- Details of the services You have enquired about or used through the Websites.
- Any other information relating to You that You provide to us directly through Our Websites or indirectly using the Websites and associated applications, online presence or otherwise.
- Information provided through customer surveys where applicable; and
- Any other personal information relevant to the service we are providing to You.
We may collect personal information about You from a variety of products or services offered. This may take place in several ways, such as:
- Registering as bidder at an auction
- Registering to use the Websites
- Register as an observer to view an auction
- Logging in to use Our Websites
- Placing an order through KatchALL Xcite
- Subscribing to a The Company system or service
- Publishing or contributing material on Our Website/s
If You supply personal information to us about another person, we accept it on the basis that You represent and warrant that You are authorised to do so and that the relevant person has consented to the disclosure to us for Our business purposes.
If we receive personal information about You that we did not ask for, from someone other than You, and we determine that we could have collected this information from You had we asked for it, we will notify You, as soon as practicable, that we have collected Your personal information. If we could not have collected this personal information, we will lawfully de identify or destroy that personal information.
The Company collects personal information from its subscribers for the purpose of building individual profiles.
Personal Information is used and disclosed to subscribers for the purposes for which it was collected or is directly related to the secondary purpose or where You have consented to the use or disclosure.
We may also collect non-personal information about You including, but not limited to, data relating to Your activities on Our Website including IP addresses via tracking technologies such as cookies.
You acknowledge that the personal information You provide us, and which we collect from You, is Your own information or information which You have been authorised to provide to us.
Access to personal information held by the Company is available by subscription only and is tracked and recorded. However, there may be circumstances where we are required or authorised by law to disclose information about someone to a non-subscriber. Subscription is subject to contractual terms and conditions.
When You visit the Websites or use Our applications the server may attach a "cookie" to Your computer's memory. A “cookie” assists us to store information on how visitors to Our Websites and Our applications use them, to identify You between multiple visits, and identify the pages that may be of most interest. This information may be used to make assumptions about who uses Your computer and to provide users of Your computer with information that we think may interest the users of Your computer. We may link this information to personal information we hold about You. If we do, that information will become personal information, and will be treated in the same manner as the personal information to which it was linked. You should be able to configure Your computer so that it disables “cookies” or does not accept them.
Third Party Links
This Website may contain links to third party sites. The Company is not responsible for the content of external internet sites which link to this Website, or which are linked from it. Notice: The Company may change and update the information on this Website from time to time without notice to users.
Your use of this Website, and any dispute arising out of such use of this Website, is subject to Australian laws.
Use of Information
We use personal information we have collected for the purpose of providing You with products and services that You have requested, responding to Your enquiries, creating, and maintaining Your subscription and ensuring You comply and adhere to Our Website terms and conditions of use. We may use Your personal information to provide You with information about offers, promotions, goods, or services, which we believe may be of interest to You.
We may also share Your information with Our service providers and other third parties so that they can provide You with products or services on Our behalf or help us to provide You with the requested products or services, including contacting You in relation to the products or services.
We may also use personal information collected to:
- Ensure that content from the Websites is presented in the most effective manner for You and for Your computer.
- Provide a better or more relevant service or product to You, for instance by automatically populating forms on the Websites.
- Combine Your personal information with information that The Company has collected from its service providers, third parties, cookies, or web beacons; and
- Verify Your identity when You register or login to Our Websites.
Storage of Personal Information
Personal information submitted to The Company is stored on servers located in Australia.
The Company has implemented policies and procedures to safeguard the secure storage and processing of data with its related companies and has verified the security arrangements of its Outsourced data processors.
The completion of the electronic bidders' registration form (Bidder Profile) is subject to The Company general record-keeping requirements, being seven years from the date of submission.
Individuals have the right to request The Company de-activate their Bidder Profiles at any time; however, this will not delete, destroy or permanently de-identify personal information.
This information may be required to be disclosed to various governing bodies due to legislative requirements.
Australia, New South Wales | Office of Fair Trading
Keeping the Bidders Record
The Bidder’s Record is subject to the general record keeping requirements of the Act.
After a Bidders Record is created, the agent who was responsible for creating it must keep it in a secure place for at least 3 years and must keep all their Bidders Records together, in the form of a Register of Bidders Records.
The Bidders Record may be made directly on to computer at the auction or may be transferred to a computer later. Records may be kept on computer or other electronic storage device, as long as a hard copy can be given to NSW Fair Trading if required.
Where a single Bidders Record is made for an auction involving multiple agents, each agent's records will need to note the details of the agent who made and keeps the Bidders Record for that auction.
We strive to ensure the security, integrity, and privacy of personal information we collect. We have established safeguards and use security measures to protect Your personal information from unauthorised access, modification, and disclosure.
Our employees, contractors, agents, and service providers who provide services related to Our information systems, are obliged to respect the confidentiality of any personal information held by us.
We review and update Our security measures in light of current technologies. Unfortunately, no data transmission over the Internet can be guaranteed to be totally secure.
Individual’s Right to Request a Correction or Dispute Information
Individuals have the right to access their personal information held by The Company, and to have incorrect information amended. Members of the public do not have the right to access personal information other than their own unless the appropriate disclosures are provided.
If You would like to obtain a copy of Your information held by The Company, You must complete the Company Profile Request Form which can be found on Our Website. Fees and charges may apply.
If You have a dispute regarding information recorded on any of The Company’s databases, The Company will investigate and provide You with a formal written response within 30 days. Where The Company determines that no amendment to Your personal information is required, You have the right to add a statement to Your file.
The Company will investigate and address Your correction request, or complaint, in a fair, efficient, and timely manner. All correction requests or complaints must be in writing and the following procedure will be undertaken to resolve the correction request, or complaint:
- Advise the subscriber who added the information to Your profile about the correction request or complaint.
- The subscriber will be required to respond within 7 business days. Should the subscriber not respond within the allocated period, The Company reserves the right to remove the information attached to the individual’s profile.
- Depending on the correction request or complaint, The Company may require the subscriber to provide copies of evidence supporting the information added.
- The Company to form a view on all evidence supplied and take appropriate steps to make sure the information recorded is accurate, complete, and up to date. Information in relation to the correction request or complaint is recorded within the individual’s profile (outlining the investigation procedure and outcome). This information is not made public to The Company subscribers, other than the listing subscriber.
- Advise the individual in writing as to the outcome of the investigation. Written response will only be sent if a stamped self-addressed envelope is included.
- Advise the subscriber in writing as to the outcome of the investigation.
Correction requests or complaints must be made in writing and posted to: PO Box 3319 North Strathfield NSW 2137.
Please remember to enclose a stamped, self-addressed envelope, should You require a written response. If You are not satisfied with the process taken by The Company, and the outcome of the investigation, You can contact the Office of the Australian Information Commissioner.
Disclosure of Information Overseas
Government Identifiers and Sensitive Information
The Company does not use identifiers assigned by Commonwealth agencies. In certain circumstances, The Company may seek evidence of Your identity such as Passport details, Driver Licence or similar, to help verify an individual’s identity.
The Company does not collect, hold, or disclose sensitive information about You such as:
- Political, Social, Religious or Ethical Beliefs or Affiliations
- Colour, Race, Ethnic or National Origins
- Sexual Preferences or Practices
Data Breach Notification
We may notify You, or any affected individuals and if required, the relevant regulator, as soon as practicable after we become aware that there are reasonable grounds to believe that there has been an eligible data breach.
We may publish a statement on the Website and publicise the content of the statement. An “eligible data breach” is where there has been unauthorised access or disclosure, or loss of information where unauthorised access or disclosure is likely, and a reasonable person would conclude that this access or disclosure would likely result in serious harm to the related individuals.
We will not provide notice where it would be inconsistent with secrecy provisions or prejudice law enforcement activities. If we have taken sufficient remedial action in response to the eligible data breach, or if the regulator determines that notification is not required, then we may not notify You of the breach.
Destruction of Personal Information
Australian Privacy Principles (APP) requires an organisation to take reasonable steps to destroy or permanently de-identify personal information if it is no longer needed for any purpose for which the information may be used or disclosed under Australian Privacy Principles. The Company complies with these requirements and destroys any information that is no longer needed or required.
For further information about the APPs of the Act, please visit the Office of the Australian Information Commissioner Website at www.oaic.gov.au.
Your complaint will be reviewed by our Privacy Officer who will investigate the issue and determine what steps, if any, we will take to resolve your complaint. We will contact You if we require further information and we will notify You in writing of the outcome of the investigation. If you are unsatisfied with our determination, You can contact us to discuss Your concerns.
Third Party API Services
Where We access or use Authorised Data, in addition to our procedure for deleting stored data, set out herein, You can revoke Our access to Your date via the Google security settings page at: https://security.google.com/settings/security/permissions.