Privacy Policy

Scope

This Privacy Policy describes how we handle your personal information for our services on the EX-FACTORY Auctions (EXFA) Web site.

We strive to provide a consistent set of privacy practices throughout the global EXFA trading community. By accepting the Privacy Policy and the User Agreement in registration, you agree to our collection, storage, use and disclosure of your personal information as described in this Privacy Policy. This Privacy Policy is effective upon acceptance for new users and is otherwise effective on October 21, 2008.

Collection

You can browse our sites anonymously. Once you give us your personal information, you consent to the transfer and storage of that information on our servers located in the United States.

We may collect and store the following personal information:

• Email address, physical contact information, and (depending on the service used) sometimes financial information, such as credit card or bank account numbers;
• Transactional information based on your activities on the sites (such as buying, selling, item and content you generate or that relates to your account);
• Shipping, billing and other information you provide to purchase or ship an item;
• Community discussions, chats, dispute resolution, correspondence through our sites, and correspondence sent to us;
• Other information from your interaction with our sites, services, content and advertising, including computer and connection information, statistics on page views, traffic to and from the sites, ad data, IP address and standard web log information;
• Additional information we ask you to submit to authenticate yourself or if we believe you are violating site policies (for example, we may ask you to send us an ID or bill to verify your address, or to answer additional questions online to help verify your identity or ownership of an item you list);
• Information from other companies, such as demographic and navigation data; and
• Other supplemental information from third parties (for example, if you incur a debt to EXFA, we will generally conduct a credit check by obtaining additional information about you from a credit bureau, as permitted by law).

Marketing

We don't sell or rent your personal information to third parties for their marketing purposes without your express consent. We may combine your information with information we collect from other companies and use it to improve and personalize our services, content and advertising.

Use

Our primary purpose in collecting personal information is to provide you with a safe, smooth, efficient, and customized experience. You agree that we may use your personal information to:

• Provide the services and customer support you request;
• Resolve disputes, collect fees, and troubleshoot problems;
• Prevent potentially prohibited or illegal activities, and enforce our User Agreement;
• Customize, measure and improve our services, content and advertising;
• Tell you about our services and those of our corporate family, targeted marketing, service updates, and promotional offers based on your communication preferences; and
• Compare information for accuracy, and verify it with third parties.

Our Disclosure of Your Information

We may disclose personal information to respond to legal requirements, enforce our policies, respond to claims that a listing or other content violates the rights of others, or protect anyone's rights, property, or safety. Such information will be disclosed in accordance with applicable laws and regulations.

We may also share your personal information with:

• Members of the EXFA corporate family — like EX-FACTORY Inc., XS-Machinery, FACTORYNEW, and NCL — to provide joint content and services (like registration, transactions and customer support), to help detect and prevent potentially illegal acts and violations of our policies, and to guide decisions about their products, services and communications. Members of our corporate family will use this information to send you marketing communications only if you’ve requested their services.
• Service providers under contract who help with our business operations (such as fraud investigations, bill collection, affiliate and rewards programs and co-branded credit cards).
• Other third parties to whom you explicitly ask us to send your information (or about whom you are otherwise explicitly notified and consent to when using a specific service).
• Law enforcement or other governmental officials, in response to a verified request relating to a criminal investigation or alleged illegal activity. In such events, we will disclose information relevant to the investigation, such as name, city, state, zip code, telephone number, email address, User ID history, IP address, fraud complaints, and bidding and listing history.

Other than what is set out above, we will not disclose your personal information to law enforcement, other government officials, or other third parties without a subpoena, court order or substantially similar legal procedure, except when we believe in good faith that the disclosure of information is necessary to prevent imminent physical harm or financial loss or to report suspected illegal activity.

Cookies

We use "cookies" (small files placed on your hard drive) on certain of our pages to help analyze our web page flow; customize our services, content and advertising; measure promotional effectiveness, and promote trust and safety.

A few important things you should know about cookies are that:

• We offer certain features that are available only through the use of cookies.
• We use cookies to help identify you and maintain your signed-in status.
• Most cookies are "session cookies," meaning that they are automatically deleted from your hard drive at the end of a session.
• You are always free to decline our cookies if your browser permits, although doing so may interfere with your use of some of our sites or services.
• You may encounter cookies from third parties on certain pages of the sites that we do not control. (For example, if you view a web page created by another user, there may be a cookie placed by that web page.)

No Spam, Spyware, or Spoofing

We and our users do not tolerate spam. Make sure to set your EXFA notification preferences so we communicate to you as you prefer.

To report EXFA-related spam or spoof emails to EXFA, please forward the email to info@exfactoryauctions.com. You may not use our communication tools to send spam or otherwise send content that would violate our User Agreement. We automatically scan and may manually filter messages to check for spam, viruses, phishing attacks and other malicious activity or illegal or prohibited content, but we do not permanently store messages sent through these tools.

Account Protection

Your password is the key to your account. Use unique numbers, letters and special characters, and do not disclose your EXFA password to anyone. If you do share your password or your personal information with others, remember that you are responsible for all actions taken in the name of your account. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately notify EXFA and change your password.

Accessing, Reviewing and Changing Your Personal Information

You can see, review and change most of your personal information by signing on to EXFA. Generally, we will not manually modify your personal information because it is very difficult to verify your identity remotely. You must promptly update your personal information if it changes or is inaccurate.

We do retain personal information from closed accounts to comply with law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our EXFA User Agreement, and take other actions otherwise permitted by law.

Security

Your information is stored on our servers located in the United States. We treat data as an asset that must be protected and use lots of tools (encryption, passwords, physical security, etc.) to protect your personal information against unauthorized access and disclosure. However, as you probably know, third parties may unlawfully intercept or access transmissions or private communications, and other users may abuse or misuse your personal information that they collect from the site. Therefore, although we work very hard to protect your privacy, we do not promise, and you should not expect, that your personal information or private communications will always remain private.

Third Parties

Except as otherwise expressly included in this Privacy Policy, this document addresses only the use and disclosure of information we collect from you. If you disclose your information to others, whether they are bidders, buyers or sellers on our sites or other sites throughout the internet, different rules may apply to their use or disclosure of the information you disclose to them. EXFA does not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. We encourage you to ask questions before you disclose your personal information to others.

General

We may amend this Privacy Policy at any time by posting the amended terms on this site. All amended terms automatically take effect 30 days after they are initially posted on the site. If your questions are not answered online, you may write to us at: EX-FACTORY Auctions Inc. Attn: Legal - Global Privacy Practices, 1805 Sardis Rd. North, Charlotte, NC 28270 or using the Contact Us form.