Your privacy is very
important to us. We do not sell or rent your personal information to third
parties for their marketing purposes without your explicit consent. Please
read this privacy policy to learn more about the ways in which we use and
protect your personal information. We want you to fully understand our
privacy practices and therefore, in addition to this Privacy Policy, we
have created Privacy Central to help you fully evaluate our practices and
answer privacy questions.
If you have additional questions, you may send email to privacy@motoyard.com.
Overview
The privacy practices of this statement apply to our services available
under the domain and subdomains of www.MotoYard.com (the "Site") and apply
generally to our subsidiaries or joint venture websites whose specific
privacy policies are available from our Privacy Central pages. By visiting
this website you agree to be bound by the terms and conditions of this
Privacy Policy. If you do not agree please do not use or access our Site.
This Privacy Policy describes the information, as part of the normal
operation of our services, we collect from you and what may happen to that
information. Although this policy may seem long, we have prepared a
detailed policy because we believe you should know as much as possible
about MotoYard's practices so that you can make informed decisions. All of
our subsidiaries and joint ventures operate under similar privacy
practices as described in this Privacy Policy and, subject to the
requirements of applicable law, we strive to provide a consistent set of
privacy practices throughout the global MotoYard trading community.
By accepting the Privacy Policy and the User Agreement in registration,
you expressly consent to our use and disclosure of your personal
information in accordance with this Privacy Policy. This Privacy Policy is
incorporated into and subject to the terms of the MotoYard User Agreement.
This Privacy Policy is effective upon acceptance in registration for new
registering users, and is otherwise effective on Sep 1st, 2007 for all
users.
Table of Contents
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An Important Note About Children
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Information We Collect
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Our Use of Your Information
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Our Disclosure of Your Information
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Advertisers
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MotoYard Community
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External Service Providers
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Internal Service Providers for Our Operations
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Other Corporate Entities
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Legal Requests
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Your Use of Other Users' Information
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Use of Email Tools
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Control of Your Password
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Accessing, Reviewing and Changing Your Personal Information
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Other Information Collectors
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Security
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Privacy Tools
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Notice
1. A Special Note About Children.
Children (persons under the age of 18) are not eligible to use the Site
unsupervised and we ask that children do not submit any personal
information to us. If you are under the age of 18, you may only use this
Site in conjunction with and under the supervision of your parents or
guardians.
2. Information We Collect.
Our primary purpose in collecting personal information is to provide you
with a safe, smooth, efficient, and customized experience. This allows us
to provide services and features that most likely meet your needs, and to
customize our service to make your experience safer and easier. We only
collect personal information about you that we consider necessary for
achieving this purpose.
In general, you can browse the Site without telling us who you are or
revealing any personal information about yourself. Once you give us your
personal information, you are not anonymous to us. If you choose to use
our services, we may require you to provide contact and identity
information, billing information, shipping information and other personal
information as indicated on the forms throughout the Site. Where possible,
we indicate which fields are required and which fields are optional. You
always have the option to not provide information by choosing not to use a
particular service or feature.
Under some circumstances we may require some additional financial
information, such as, but not limited to: if you are registering using an
email account at a free email service, or registering to sell on the Site.
We use your financial information, including credit card information to
verify the accuracy of your name, address, and other information, as well
as to bill you for your use of our services.
We automatically track certain information based upon your behavior on the
Site. We use this information to do internal research on our users'
demographics, interests, and behavior to better understand, protect and
serve you and our community. This information may include the URL that you
just came from (whether this URL is on the Site or not), which URL you
next go to (whether this URL is on the Site or not), your computer browser
information, and your IP address.
We use data collection devices such as "cookies" on certain pages of the
Site to help analyze our web page flow, measure promotional effectiveness,
and promote trust and safety. "Cookies" are small files placed on your
hard drive that assist us in providing our services. We offer certain
features that are only available through the use of a "cookie". We also
use cookies to allow you to enter your password less frequently during a
session. Cookies can also help us provide information that is targeted to
your interests. (Learn more about why we use cookies). 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 in that case you may not be able
to use certain features on the Site and you may be required to reenter
your password more frequently during a session.
Additionally, you may encounter "cookies" or other similar devices on
certain pages of the Site that are placed by third parties. For example,
if you view a web page created by a user, there may be a "cookie" placed
within that web page. We do not control the use of cookies by third
parties.
If you choose to bid, buy or sell on the Site, we collect information
about your bidding, buying and selling behavior. We also collect other
users' comments about you in our feedback area.
If you establish a credit account with us to pay the fees we charge, we
collect some additional information, such as a billing address, a credit
card number and a credit card expiration date and tracking information
from checks or money orders.
If you choose to post messages in our Cafés, chat rooms or other message
areas or leave feedback for other users, we will collect that information
you provide to us. We retain this information as necessary to resolve
disputes, provide customer support and troubleshoot problems as permitted
by law.
If you send us personal correspondence, such as emails or letters, or if
other users or third parties send us correspondence about your activities
or postings on the Site, we may collect such information into a file
specific to you.
If you register for MotoYard on another web site or use a web site
providing a service for MotoYard or a web site that helps facilitate your
activity on MotoYard, that web site may provide personal information about
you and your transactions back to MotoYard.
For a chart showing what information we collect from or about you, and who
has access to that information, please see the Appendix.
3. Our Use of Your Information.
We use your personal information to facilitate the services you request.
We use your personal information in the file we maintain about you, and
other information we obtain from your current and past activities on the
Site to: resolve disputes; troubleshoot problems; help promote safe
trading; collect fees owed; measure consumer interest in our products and
services, inform you about online and offline offers, products, services,
and updates; customize your experience; detect and protect us against
error, fraud and other criminal activity; enforce our User Agreement; and
as otherwise described to you at the time of collection. At times, we may
look across multiple users to identify problems or resolve disputes, and
in particular we may examine your personal information to identify users
using multiple User IDs or aliases. We may compare and review your
personal information for errors, omissions and for accuracy.
If you choose to list an item for sale on the Site or open a credit
account, or otherwise provide us with your financial information, we use
your address and billing information to bill you and provide associated
support.
You agree that we may use personal information about you to improve our
marketing and promotional efforts, to analyze site usage, improve our
content and product offerings, and customize the Site's content, layout,
and services. These uses improve the Site and better tailor it to meet
your needs, so as to provide you with a smooth, efficient, safe and
customized experience while using the Site.
You agree that we may use your personal information to contact you and
deliver information to you that, in some cases, are targeted to your
interests, such as targeted banner advertisements, administrative notices,
product offerings, and communications relevant to your use of the Site. By
accepting the User Agreement and Privacy Policy, you expressly agree to
receive this information. If you do not wish to receive these
communications, we encourage you to opt out of the receipt of certain
communications on the notification preferences page. You may make changes
to your notification preferences at any time.
4. Our Disclosure of Your Information.
As a matter of policy, we do not sell or rent any of your personal
information to third parties for their marketing purposes without your
explicit consent. However, the following describes some of the ways that
your personal information may be disclosed in the normal scope of business
to provide our services.
Advertisers. We aggregate (gather up data across all user accounts)
personal information and disclose such information in a non-personally
identifiable manner to advertisers and other third parties for their
marketing and promotional purposes. However, in these situations, we do
not disclose to these entities any information that could be used to
identify you personally. Certain information, such as your name, email
address, password, credit card number, and bank account number, are not
disclosed to these third parties in a personally identifiable manner
without your explicit consent.
MotoYard Community. Your User ID is displayed throughout the Site and is
therefore available to the public. All of your activities on the Site will
be identifiable to your User ID. Other people can see your bids, items
that you have purchased in the past, your feedback rating and associated
comments, your postings on the Site, and so on. Therefore, if you
associate your name with your User ID, the people you have revealed your
name to will be able to personally identify your MotoYard activities.
Although our pages are coded with robot exclusion headers, others may
illegally attempt to automatically collect your email address from the
Site. We describe how to change your email and User ID below in Section 8.
We also provide a number of ways to allow other users to find out more
about you and your site activities, such as our feature that allows users
to quickly see all of the items you are offering at the time. If you are
involved in a transaction, we have features that allow other users to view
your email address and obtain your contact and shipping information to
help complete the transaction. Further, we may send out notices to you or
other community members regarding suspicious activity or policy violations
on the Site.
External Service Providers. There are a number of separate services
offered by third parties that we refer to as external service providers
that may be complementary to your use of the Site (e.g. listing agents,
escrow, authentication, mediation, shipping, packaging). If you choose to
use these separate services, disclose information to the external service
providers, and/or grant them permission to collect information about you,
then their use of your information is governed by their privacy policy. We
do not disclose your personal information to external service providers
unless you provide your explicit consent. With your consent we may provide
some of your personal information to the external service provider
offering such services, for your convenience. To prevent our disclosure of
your personal information to an external service provider, you can decline
such consent or simply not use their services. Because we do not control
the privacy practices of these third parties, you should evaluate their
practices before deciding to use their services.
Internal Service Providers for Our Operations. We may use third parties
that we refer to as internal service providers to facilitate or outsource
one or more aspects of the business, product and service operations that
we provide to you (e.g., search technology, discussion boards, bill
collection, affiliate and rewards programs, co-branded credit cards) and
therefore we may provide some of your personal information directly to
these internal service providers. These internal service providers' are
subject to confidentiality agreements with us and other legal restrictions
that prohibit their use of the information we provide them for any other
purpose except to facilitate the specific outsourced MotoYard related
operation, unless you have explicitly agreed or given your prior
permission to them for additional uses. In some instances, the internal
service provider may collect information directly from you (such as for
MotoYard surveys or for a co-branded credit card). In these cases, you
will be notified of the involvement of the internal service provider, and
all additional information you provide them and their additional uses will
be strictly up to you. If you provide additional information to an
internal service provider directly, then their use of your personal
information is governed by their applicable privacy policy.
Other Corporate Entities. We share much of our data, including personal
information about you, with our subsidiaries and joint ventures that are
committed to serving your online trading needs and related services,
throughout the world. To the extent that these entities have access to
your information, they will treat it at least as protectively as they
treat information they obtain from their other users. Our subsidiaries and
joint ventures follow privacy practices no less protective of all users
than our practices described in this document, to the extent allowed by
applicable law. MotoYard, its subsidiaries, its joint ventures, or any
combination of such, will share some or all of your personal information
with another business entity should we plan to, merge with, or be acquired
by that business entity. Should such a combination occur, we will require
that the new combined entity follow this privacy policy with respect to
your personal information. If your personal information will be used
contrary to this policy, you will receive prior notice in as provided in
Section 12 ("Notice").
Legal Requests. MotoYard cooperates with law enforcement inquiries, as
well as other third parties to enforce laws, such as: intellectual
property rights, fraud and other rights, to help protect you and the
MotoYard community from bad actors. Therefore, in response to a verified
request by law enforcement or other government officials relating to a
criminal investigation or alleged illegal activity, we can (and you
authorize us to) disclose your name, city, state, telephone number, email
address, UserID history, fraud complaints, and bidding and listing history
without a subpoena. Without limiting the above, in an effort to respect
your privacy and our ability to keep the community free from bad actors,
we will not otherwise disclose your personal information to law
enforcement or other government officials 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 report suspected illegal activity.
Due to the existing regulatory environment, we cannot ensure that all of
your private communications and other personal information will never be
disclosed in ways not otherwise described in this Privacy Policy. By way
of example (without limiting the foregoing), we may be forced to disclose
personal information to the government or third parties under certain
circumstances, third parties may unlawfully intercept or access
transmissions or private communications, or users may abuse or misuse your
personal information that they collect from the Site. Therefore, although
we use industry standard practices to protect your privacy, we do not
promise, and you should not expect, that your personal information or
private communications will always remain private.
5. Your Use of Other Users' Information.
In order to facilitate interaction among all MotoYard community members,
our Site allows you limited access other users' contact and shipping
information. As a seller you have access to the User ID, email address and
other contact and shipping information of the buyer or winning bidder(s),
and as a buyer or winning bidder you have access to the User ID, email
address and other contact information of the seller.
By entering into our User Agreement, you agree that, with respect to other
users' personal information that you obtain through the Site or through an
MotoYard-related communication or MotoYard-facilitated transaction,
MotoYard hereby grants to you a license to use such information only for:
(a) MotoYard-related communications that are not unsolicited commercial
messages, (b) using services offered through MotoYard (e.g. escrow,
insurance, shipping and fraud complaints), and (c) any other purpose that
a user expressly agrees to after you tell them the purpose you would like
to use it for. In all cases, you must give users an opportunity to remove
themselves from your database and a chance to review what information you
have collected about them. In addition, under no circumstances, except as
defined in this Section, can you disclose personal information about
another user to any third party without our consent and the consent of
that user. You agree that other users may use your personal information to
communicate with you in accordance with this Section. Note that law
enforcement personnel and other rights holders are given different rights
with respect to information they access.
MotoYard and our users do not tolerate spam. Therefore, without limiting
the foregoing, you are not licensed to add an MotoYard user, even a user
who has purchased an item from you, to your mail list (email or physical
mail) without their express consent. To report MotoYard related spam to
MotoYard, please contact us using our webform.
6. Use of Email Tools.
You may not use the Email This Item to a Friend service or other email
services that we offer to send spam or otherwise send content that would
violate our User Agreement. We do not permanently store email messages or
the email addresses sent from these tools.
If you send and email using the Email This Item to a Friend service to an
email address that is not registered in our community, we do not use that
email address for any purpose other than to send your email. We do not
rent or sell these email addresses.
7. Control of Your Password.
You are responsible for all actions taken with your User ID and password,
including fees charged to your account. Therefore we do not recommend that
you disclose your MotoYard password to any third parties. If you choose to
share your User ID and password or your personal information with third
parties, you are responsible for all actions taken with your account and
therefore you should review that third party's privacy policy. 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 change your password as detailed in Section
8.
8. Accessing, Reviewing and Changing Your Personal Information.
We offer you the ability to automatically review and change the
information you submit to us by logging into the Site and entering in the
new information yourself. Generally, we will not modify your personal
information based on your request because it is very difficult to
authenticate your account manually. You can change your user Id, email
address, contact information, financial information, shipping information
and user preferences by going the preferences and setup section in MyYard. You must promptly update your personal information if it changes
or is inaccurate. Once posted, you may not be able to change or remove any
public postings made on the Site including our chat rooms or other message
areas or the feedback area.
Upon your request, we will deactivate your account, contact information,
billing information, shipping information, and financial information from
our active databases. To make this request, email privacy@motoyard.com.
Such information will be deactivated as soon as reasonably possible based
on your account activity and in accordance with our deactivation policy
and applicable law.
We will retain in our files some personal information you have requested
to remove to prevent fraud, collect any fees owed, resolve disputes,
troubleshoot problems, assist with any investigations, enforce our User
Agreement and comply with legal requirements as is permitted by law.
Therefore, you should not expect that all of your personal information
will be completely removed from our databases in response to your
requests. However, such personal information will be deactivated from
public and member viewing and will only be available to select MotoYard
personal.
9. Other Information Collectors.
Except as otherwise expressly included in this Privacy Policy, this
document only addresses the use and disclosure of information we collect
from you. To the extent that you disclose your information to other
parties, whether they are bidders, buyers or sellers on our site or other
sites throughout the Internet, different rules may apply to their use or
disclosure of the information you disclose to them. Since MotoYard does
not control the privacy policies of third parties, you are subject to the
privacy policies of that third party. We encourage you to ask questions
before you disclose your personal information to others.
10. Security.
Your information is stored on MotoYard's servers located in the
United States. We use procedural and technical safeguards to protect your
personal information against loss or theft as well as unauthorized access
and disclosure to protect your privacy, including encryption, "firewalls"
and Secure Socket Layers. We treat data as an asset that must be protected
against loss and unauthorized access. We employ many different security
techniques to protect such data from unauthorized access by users inside
and outside the company. However, "perfect security" does not exist on the
Internet.
11. Privacy Tools.
It is our goal to make our privacy practices easy to understand. We have
created easy-to-read summaries, privacy principles, a privacy chart and,
are working on privacy enhancing technology to help summarize our full
privacy policy. If you have questions about any part of this summary or if
you would like more detailed information, we encourage you to review our
full privacy policy.
12. Notice.
We may amend this Privacy Policy at any time by posting the amend terms on
the Site. All amended terms shall automatically be effective 30 days after
they are initially posted on the Site. In addition, we will notify you in
accordance with your Notification Preferences.
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