PRIVACY POLICY
Last Modified: June 17th, 2023
Thank you for visiting RM Sotheby’s Motor LLC, dba Sotheby's Motorsport (“Sotheby's Motorsport” or “we” or “us”).
- What information we collection about you in connection with our online and mobile applications, services and our websites, including SothebysMotorsport.com, Hammer Price and any other website or application where this Privacy Policy is posted (collectively, the “Services”);
- How we use the data;
- How we disclose information about you;
- Security and storage of your data
- Legal basis for processing the data;
- Your privacy rights, choices and disclosures under applicable privacy laws;
- Links to other sites;
- Users outside the United States;
- Changes to this Privacy Policy; and
- How to contact us.
Introduction
We group our users into four categories:
Visitor: We welcome visitors to our site to learn more about Sotheby's Motorsport. You are free to navigate the website without the need to register.
You can become a registered user our community in three ways: as a Member, a Registered Bidder, and a Registered Seller. In each instance, you will be asked to create an account with a username and password, which is always the same regardless of how you are using our Services.
Member: After registering and selecting your username and password, you can subscribe to our updates and join the conversation with other community members by commenting on vehicles and asking questions of sellers.
Registered Bidder: You can become a Registered Bidder by agreeing to Conditions of Business for Bidders and completing a bidder application form on which you provide certain information, including your name, contact information, and financial data that will allow us to qualify you as a bidder on our Services.
Registered Seller: You can become a Registered Seller by agreeing to Conditions of Business for Sellers, completing the vehicle submission form and placing your vehicle on our platform.
Please review our FAQs for answers to commonly asked questions about the Services.
INFORMATION SOTHEBY'S MOTORSPORT COLLECTS ABOUT YOU
(a) Information We Collect Directly From You
In connection with the provision of the Services, we request information from you, many elements of which are necessary for us to comply with our know your customer and anti-money laundering requirements, including but not limited to the following:
For Members::
- Contact details (e.g., phone number, email address, postal address).
- Information about your identity, including first name, last name, alias, avatar.
- Username and password, unique device ID.
- Any other information that you choose to provide, such as in the Community or forums or via email or phone.
For Registered Bidders, all of the information required for Members plus the following:
- Additional information about your identity, including title, tax ID, marital status, date of birth, country of birth, gender, employer details, identity document number, nationality and any other information contained in any identification documents you provide to us (e.g. your passport or driver's license).
- Transaction information (e.g., bidding or purchase records, shipping details, information about vehicles you purchase).
- Details about the vehicles you are interested in.
- Financial information that documents your ability to purchase vehicles on the Services (e.g., portfolio and bank account balances.
- Financial information to complete purchases (e.g., bank transfer details).
- Information on forms required for registrations (e.g., to become a Registered Bidder), certain transactions, insurance details, and identification information (e.g., photo ID and proof of address).
For Registered Sellers, all of the information required for Members plus the following:
- Additional information about your identity, including title, tax ID, marital status, date of birth, country of birth, gender, employer details, identity document number, nationality and any other information contained in any identification documents you provide to us (e.g. your passport or driver's license).
- Transaction information (e.g., sales records, shipping details, information about vehicles you wish to sell).
- Details about your vehicles, including ownership documents, VIN, registration and title information.
- Financial information (e.g., portfolio, bank account balances, value of your home(s), loan documents, information about liens, wire instructions, bank transfer details).
- Information on forms required for registrations (e.g., to become a Registered Seller or in connection with a “Reserve Not Met” transaction), certain transactions, insurance details, and identification information (e.g., photo ID and proof of address).
Our interactions with you may be conducted over the telephone or video-conference, and such telephone calls and video conferences will be recorded.
(b) Information We Collect From Other Sources
We may collect information about you from external sources, including social media sites and data supplementation services. The types of information we collect about you from other sources include your public profile information, family relationships, organizational affiliations, results of verification checks, nature of your connection to an organization, your source of wealth, whether you are subject to sanctions, a politically exposed person (PEP) or a family member or close associate of a PEP. We may work to expand our customer base by acquiring names, contact data, financial information, affiliations, and demographic information from other sources such as private companies, public registers, and social media sites, where permitted by law. We may also generate information such as appraisals, profiles, and a history of our relationships with you based on the information you have provided or that we have obtained from other sources, as permitted under applicable law.
(c) Information We Collect Automatically from all users of our Services
We may use common data collection technologies as you visit our websites or apps or interact with our emails. For example:
- Our logs gather date, time, information about your browser and system or device configuration, information about how you interact with our digital properties, and an IP address for all visitors to our sites.If you have registered with us online, we use data collection technologies to collect information that indicates your individual interests in our websites, online platforms and apps, and your response to our emails and marketing campaigns.
- We use background local storage and session storage technologies (“Cookies”) that can be tied to information about your use of the Services (e.g., IP address, the browser you are using, the operating system you are using, the pages on the Services that you visit and details of your transaction activity, such as the amount, date and time for each transaction).
- We also use Cookies to learn how you and others interact with our Services, personalize the content on our Services, and to deliver advertising based on your interests, including those inferred from your activities over time and across digital platforms operated by us and others.
- We also use and allow certain other companies to use technologies that are similar to cookies (for example pixels and gifs) when we send you emails.
When we use Cookies, we may use “session” Cookies that last until you close your browser or “persistent” Cookies that last until you or your browser delete them. You may change your browser setting to decline the use of Cookies.
We use Google Analytics which uses Cookies to identify the frequency of use of certain areas of our website and to identify preferences. For more information regarding how Google collects, uses, and shares your information please visit http://www.google.com/policies/privacy/partners/ . You can deactivate Google Analytics using a browser add-on if you do not wish the analysis to take place. You can download the add-on here: https://tools.google.com/dlpage/gaoptout?hl=en.
Most browsers will tell you how to stop accepting new cookies, how to be notified when you receive a new cookie, and how to disable existing cookies. Please note, however, that without cookies you may not be able to take full advantage of all of our sites' features. In addition, disabling cookies may cancel opt-outs that rely on cookies, such as web analytics or targeted advertising opt-outs.
We operate social media pages on third party networks and have social media icons on our Services. When you visit or link to our social media pages, data is processed both by us and the applicable social media provider. Social media providers are unaffiliated with us, and we are not responsible for the content or privacy practices of social media providers. Social media providers have their own terms of use and privacy policies, and we encourage you to review those policies whenever you visit their websites or interact with their platforms.
(d) Children's Data
We do not knowingly collect information from users of our website under the age of 18 and/or their internet usage, and such persons are not authorized to use the Site. If we obtain actual knowledge that a user is under 18, we will take steps to remove that user's personal information from our databases. By using the Services, you represent that you are at least 18 years old and of legal age to enter into legal agreements.
HOW SOTHEBY'S MOTORSPORT USES INFORMATION ABOUT YOU
Sotheby's Motorsport uses data about you for the following purposes, as permitted by applicable law:
- To on-board you as a client, verify your identity, verify financial capability of our bidders and to satisfy know your customer and anti-money laundering obligations.
- For general business purposes, including managing your account and relationship with us, responding to enquiries and requests, and administrative purposes.
- To facilitate registrations and transactions for buyers, sellers and their agents at auctions.
- To curate and draft sellers' auction listings and publish them to the auction site.
- To complete services requested by you, including, for buyers and sellers, conducting inspections, valuations, paying off liens, transferring vehicle titles, assisting in the shipment of vehicles and processing payments on behalf of winning bidders and sellers.
- To manage and assure the integrity of our auctions and communications platform.
- Provide the publications, catalogs, and information you request.
- To send you marketing communications and information about upcoming auctions, events, types of vehicles and content that you may be interested in.
- To communicate with you, including to provide status updates and other service communications, to provide you with notices about your account and to contact you through telephone, text, email or chat, as permitted by law.
- To communicate with you for research purposes, including to request your participation in surveys and to message you via transactional emails.
- To improve and personalize based on your inferred interests from our website and services.
- For re-targeting marketing purposes, including arranging for Sotheby's Motorsport ads to reach you after you have left our sites.
- To expand our online audiences.
- To provide, maintain, and protect our Services.
- To monitor the performance of our Services and improve your user experience
- To satisfy legal obligations and compliance requirements under laws and regulations applicable to us and our affiliates (e.g., know your client and to check and verify your identity).
- To carry out anti money laundering checks, protect against the risk of fraud, risk screening and to detect and prevent money laundering or other financial crime.
- To create and maintain records of vehicles to assist us with checks on authenticity, title and vehicle value and to prevent fraud, theft or other unlawful activities.
- If a seller's vehicle does not meet our requirements or is not suitable for sale by us, to identify an alternative third party marketplace, auction or sale house to facilitate the transaction.
- To protect and defend the rights and property of our users, Sotheby's Motorsport and its affiliates, and third parties.
- To comply with legal obligations and regulations to which Sotheby's Motorsport and its affiliates are subject and cooperate with regulators, other appropriate agencies or authorities and law enforcement bodies, both within your jurisdiction and internationally.
- To develop, improve and test certain of our products and services.
- For other purposes that we tell you about when you register or provide data about yourself to us.
- For other legitimate business and lawful purposes.
We may obtain your written consent from time to time in electronic form by using online agreements or other acknowledgements on the Services, including for any other contemplated uses of your personal data not addressed in this Privacy Policy. Please read all online agreements carefully before accepting them.
HOW SOTHEBY'S MOTORSPORT DISCLOSES INFORMATION ABOUT YOU
We may share information with Sotheby's Motorsport's affiliates, including RM Sotheby's, Sotheby's, Motorsport Network, DuPont Registry, and Ferrari Chat, for any purposes, including those set out in this Privacy Policy.
Sotheby's Motorsport may disclose personal information to other companies or entities as follows:
- To business partners and vendors that work on our (or your) behalf to provide services, such as financial institutions (for example in connection with paying off a lien), photographers, vehicle inspectors, transportation and logistics providers, authentication and valuation service providers, and companies that assist us with mailings, customer account support, technology support, payment processing, fraud prevention, know your customer requirements, digital marketing management, and data and property storage or warehousing. To sellers, buyers, customs authorities, banks, governmental entities (including for lien releases) and others as needed to facilitate a sale or purchase of a vehicle, including to arrange the collection, delivery or shipment of vehicles.
- To law enforcement or other entities that present valid legal process or in our discretion, unless otherwise prohibited by law, to protect human safety, our rights, or the rights of others.
- To meet certain legal compliance requirements, for example under anti-money laundering laws or customs laws and regulations.
- To domestic and overseas regulators, law enforcement agencies and authorities and other appropriate agencies or authorities in connection with their duties, such as preventing, investigating or detecting crime or to conduct money and trade sanction checks and to meet our compliance, legal and health and safety obligations.
- To providers of identity checking and verification, anti-money laundering (AML), fraud and risk screening services, including for sanctions and/or negative media purposes.
- To an alternative third-party auction or sale house where your vehicle does not meet our requirements or is not suitable for sale by us to identify if you would like to consign or sell certain items with such third party.
- As part of a sale, merger, liquidation, or transfer of our business assets.
We may share information with digital advertising and analytics firms so that they may recognize your devices and deliver interest-based content and advertisements to you. The information we share may include your name, postal address, email, device ID, or other identifier. These firms may collect additional information from you, such as your IP address and information about your browser or operating system; may combine information about you with information from other companies in data sharing cooperatives in which we participate; and may place or recognize their own unique cookie on your browser.
INFORMATION SECURITY AND STORAGE
We protect your information using reasonable physical, technical, and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure, and alteration. Please be aware, though, that no security measures are perfect or impenetrable. You remain responsible for protecting your username and password and for the security of information you transmit to us over the Internet.
We will keep your personal information for at least as long as we have a relationship with you. Once our relationship with you has come to an end, we will retain your personal information for a period of time that enables us to:
- Maintain business records for analysis and/or audit purposes
- Comply with record retention requirements under the law or other relevant legal or regulatory requirements.
- Defend or bring any existing or potential legal claims.
- Deal with any complaints regarding the Services.
- Preserve historical records of transactions and property.
We will delete your personal information when it is no longer required for these purposes. Notwithstanding the foregoing, we may retain email addresses indefinitely.
LEGAL BASIS FOR PROCESSING YOUR DATA
On some occasions, Sotheby's Motorsport processes your data with your consent (e.g., in connection with marketing communications and when you agree that we may place cookies).
On other occasions, Sotheby's Motorsport processes your data when we need to do this to fulfill a contract with you (e.g., for billing purposes) or where we are required to do this by law (e.g., where we have to fulfill anti-money laundering requirements).
Sotheby's Motorsport also processes your data when it is our legitimate interests to do this and when these interests are not overridden by your data protection rights. For example, Sotheby's Motorsport has a legitimate interest in ensuring the security and integrity of our auctions, in learning about the interests and preferences of our current and prospective clients, in developing new business opportunities, in maintaining accurate business records, and in ensuring that our Services operate effectively. When we process personal information to meet our legitimate interests, we put in place reasonable safeguards to ensure that your privacy is protected and to ensure that our legitimate interests are not overridden by your interests or fundamental rights and freedoms.
YOUR RIGHTS, CHOICES AND DISCLOSURES
(a) General.. This section is subject to specific disclosures on privacy rights set forth below. We are committed to facilitate the exercise of your rights granted by the laws of your jurisdiction, which may include the right to request the correction, modification or deletion of your personal information and the right to opt out of the sale or sharing of your personal information. We will do our best to honor your requests subject to any legal and contractual obligations. If you would like to make a request, cancel your account or request we delete or no longer use your account information to provide you Services, contact us a privacy@sothebysmotorsport.com, use this link here , or make changes to any user profile information connected to your account.
- You may opt out of receiving electronic marketing communications from us by clicking on the “unsubscribe” link on the communication or contacting us at privacy@sothebysmotorsport.com. Some non-marketing communications may not be subject to a general opt-out, such as communications about transactions, disclosures to comply with legal requirements, software updates and other support-related information. If you do not wish to receive any service-related emails from us, you have the option to deactivate your account.
- Subject to local law, you may have additional rights under the laws of your jurisdiction regarding your personal data, such as the right to complain to your local data protection authority and the right to appeal our decision regarding a data access request.
(b) Your European Privacy Rights and Choices. If you are located in the European Union, the United Kingdom or another jurisdiction that has adopted laws substantially similar to the European Union's General Data Protection Regulation (GDPR), your privacy rights include the following:
- Transparency and the right to information. Through this Privacy Policy we explain how we use and share your information. However, if you have questions or need additional information you can contact us any time.
- Right of access, correction, restriction of processing, erasure.. You may contact us to request information about the personal data we have collected from you and to request the correction, modification or deletion of such personal information, which requests we will do our best to honor subject to any legal and contractual obligations.
- Right to withdraw your consent at any time. When we process your personal data based on your consent, you have the right to withdraw it at any time.
- Right to object at any time. You have the right to object at any time to receiving marketing or promotional materials from us by either following the opt-out instructions in commercial e-mails or by contacting us, as well as the right to object to any processing of your personal data based on your specific situation. In the latter case, we will assess your request and provide a reply in a timely manner, according to our legal and contractual obligations. Some non-marketing communications are not subject to a general opt-out, such as communications about transactions and disclosures to comply with legal requirements.
- Right to data portability. You have the right to data portability of your own personal data by contacting us.
- Right not to be subject to an automated decision, including profiling. Except as necessary to comply with law, we do not make automated decisions using your personal data that may negatively impact you.
- Right to lodge a complaint with a supervisory authority. If you consider that the processing of your personal data infringes your privacy rights under GDPR, you have the right to lodge a complaint with a supervisory authority, in the member state of your habitual residence, place of work, or place of the alleged infringement.
(c) California Disclosures
California “Shine the Light” Information-Sharing Disclosure: California residents may request a list of all third parties with respect to which we have disclosed any information about you for direct marketing purposes and the categories of information disclosed. If you are a California resident and want such a list, please send us a written request by email to privacy@sothebysmotorsport.com with “California Shine The Light Rights” in the subject line.
California Do Not Track Disclosure: We utilize an automated tool designed to recognize Do Not Track settings and Global Privacy Controls in end-user browsers.
California Consumer Privacy Act Disclosures. Under the California Consumer Privacy Act, as amended by the California Privacy Rights Act effective January 1, 2023 (“CCPA/CPRA”), California residents have the right to request:
- The categories of personal information (including sensitive personal information if applicable) we have collected about you;
- The categories of sources from which the personal information is collected;
- The business or commercial purpose of collecting, selling or sharing personal information;
- The categories of third parties with whom we share or sell personal information
- The categories of personal information about you that we have disclosed for business purposes; and
- The specific pieces of personal information we have collected about you.
Additionally, you have the right:
- to know the length of time we retain your personal information
- to request deletion of your personal information;
- to request the correction of any inaccurate data;
- to opt out of the sale or sharing of your information (if applicable);
- to limit the use of sensitive personal information (if applicable); and
- to not be discriminated against for exercising any of your CCPA/CPRA rights.
We share (as defined under CCPA/CPRA) consumers' personal information in the context of cross-context behavioral advertising as disclosed in this Privacy Policy. To opt out of the sharing of your personal information for cross-context behavioral advertising, there is a “Do Not Sell or Share My Personal Information” link here.
Please see the chart below regarding the categories of data we collect or receive from consumers in connection with providing our Services and to whom we may have disclosed the information for business purposes.
Personal Information Category Source of Personal Information Purpose for Collecting the Personal Information To whom we disclose the Personal Information Identifiers such as a name, address, unique personal identifier, email, phone number Information you provide to us; Information we collect automatically; Information collected from third parties. See Sections 1(a), 1(b), 1(c) and 2 above See Section 3 above Bank account number, credit card number, debit card number, or any other financial information Information you provide to us; Information collected from third parties. See Sections 1(a) and 2 above See Section 3 above Protected Classifications under California and federal law, including gender, age and citizenship. We do not ask for this information in connection with our Services. Commercial information such as records of products or services purchased, obtained, or considered, purchase histories and tendencies Information you provide to us; Information we collect automatically; Information collected from third parties. See Sections 1(a), 1(b), 1(c) and 2 above See Section 3 above Biometric information We do not collect this information Internet or other electronic network activity information, including browsing history and search history and interactions with an advertisement. Information you provide to us; Information we collect automatically; information collection from third parties. See Sections 1(c) and 2 above See Section 3 above Geolocation data that is sufficient to identify a precise physical location. We do not collect this information. Sensory data, such as audio, electronic, visual, or other similar information. Information you provide to us; Information we collect automatically. See Section 1(a), 1(b) and 2 above See Section 3 above Professional or employment-related information Information you provide to us; Information collected from third parties. See Sections 1(a), 1(b) and 2 above See Section 3 above Education Information Information you provide to us; Information collected from third parties. See Sections 1(a), 1(b) and 2 above See Section 3 above Inferences about preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. Information you provide to us; Information we collect automatically; Information collected from third parties. See Sections 1(a), 1(b), 1(c) and 2 above See Section 3 above Any sensitive data we collect is used for business purposes.
We do not sell or share personal information for monetary consideration under CCPA/CPRA. Personal data may be provided to our service providers, contractors and, pursuant to Sections 1798.140(ad)(2)(A) and 1798.140(ah)(2)(A) of the CCPA/CPRA, to third parties.
You may opt out of third party cookies that sell or share your information by using your browser signals or clicking on the “Do Not Sell or Share My Personal Information” link here. To opt out of the use of Google Analytics Cookies, download the browser add-on:
https://tools.google.com/dlpage/gaoptout?hl=en.
Our contact information is listed at the bottom of this Privacy Policy. You may also contact us at privacy@sothebysmotorsport.comIf you submit a data subject request, we will ask for your name, email address and phone number, and we will endeavor to authenticate your account. We may also require that you submit your request via the Services' standard authentication procedures (i.e., log on with username and password to submit a request) and/or provide information about any historical transactions with the Services to ensure you are the person you say you are. If this information or these processes are insufficient to verify your identity and assess your privacy request, we may need to ask for additional information. You may also designate an authorized agent to make a CCPA privacy request.
THIRD PARTY WEBSITES
Our websites may contain links to other websites not owned or controlled by Sotheby's Motorsport. Those websites may collect information about you. Sotheby's Motorsport is not responsible for their practices or content.
USERS OUTSIDE THE UNITED STATES
The Services are controlled and operated from the United States. If you are an individual from the European Union, Canada or any other jurisdiction with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that your data may be transferred to and stored in the United States which is not deemed an “adequate jurisdiction” by the European regulatory authorities. By visiting or using our Services, you are consenting to the transfer of your information from your jurisdiction to the United States.
CHANGES TO THIS PRIVACY POLICY
We may modify or update this Privacy Policy from time to time by posting an updated version on our website. You will know if this Privacy Policy has been revised since your last visit to the Services by referring to the “Last Modified” date at the top of this page. IF YOU DO NOT AGREE TO THE CURRENT VERSION OF THE PRIVACY POLICY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO REFRAIN FROM ACCESSING OR OTHERWISE USING THE SERVICES.
HOW TO CONTACT US
For questions about this Privacy Policy please email us at privacy@sothebysmotorsport.com or contact:
Sotheby's Motorsport, LLC
5972 NE 4th Ave
Miami, FL 33137