Our Site Privacy Policy
Privacy
We do not sell or rent your personal information to third parties for their
marketing purposes without your explicit consent. We view protection of users'
privacy as a very important community principle. We store and process your
information on computers located in the United States that are protected by
physical as well as technological security devices. You can access and modify
the information you provide us and choose not to receive certain communications
by signing-in to your account. If you object to your Information being
transferred or used in this way please do not use our services.
Indemnity
You will indemnify and hold us (and our officers, directors, agents,
subsidiaries, joint ventures and employees), harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party due to or arising
out of your breach of this Agreement, or your violation of any law or the rights
of a third party.
No Agency
No agency, partnership, joint venture, employee-employer or
franchiser-franchisee relationship is intended or created by this Agreement.
Resolution of Disputes
If a dispute arises between you and bidFlame, our goal is to provide you with
a neutral and cost effective means of resolving the dispute quickly.
Accordingly, you and bidFlame agree that we will resolve any claim or
controversy at law or equity that arises out of this Agreement or our services
(a "Claim") in accordance with one of the subsections below or as we and you
otherwise agree in writing. Before resorting to these alternatives, we strongly
encourage you to first contact us directly to seek a resolution. We will
consider reasonable requests to resolve the dispute through alternative dispute
resolution procedures, such as mediation or arbitration, as alternatives to
litigation.
General
bidFlame is located at 901 Space Park North, Goodlettsville, TN 37072. If any
provision of this Agreement is held to be invalid or unenforceable, such
provision shall be struck and the remaining provisions shall be enforced. In our
sole discretion, we may assign this Agreement in accordance with the Notices
Section. Headings are for reference purposes only and do not limit the scope or
extent of such section. Our failure to act with respect to a breach by you or
others does not waive our right to act with respect to subsequent or similar
breaches. We do not guarantee we will take action against all breaches of this
Agreement.
We may amend this Agreement at any time by posting the amended terms on this
Site. Except as stated elsewhere, all amended terms shall automatically be
effective 30 days after they are initially posted. Additionally, we will notify
you through email. This Agreement may not be otherwise amended except in a
writing signed by you and us.
This Agreement sets forth the entire understanding
and agreement between us with respect to the subject matter hereof. The
following Sections survive any termination of this Agreement: Fees and Services
(with respect to fees owed for our services), Release, Content License,
Liability, Indemnity and Resolution of Disputes.
Privacy Policy
This Privacy Policy describes how we handle your personal information for our
services on the bidFlame websites. It applies generally to the bidFlame.com
website.
Our subsidiaries’ and joint ventures’ privacy practices are similar to those
described in this Privacy Policy. Subject to the requirements of applicable law,
we strive to provide a consistent set of privacy practices. By accepting the
Privacy Policy and the User Agreement in registration, you expressly consent 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 August 21, 2007.
Collection
You can browse our sites 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 provide us with 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
bidding, 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;
information from other companies, such as demographic and traffic data.
Marketing
We don't sell or rent your personal information to third parties for their
marketing purposes without your explicit 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 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.
We may also share your personal information with:
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 business entities, 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.)
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, 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.
Activity Associated with User IDs
Your User ID is displayed throughout bidFlame and is therefore available to
the public. All of your activity on our sites is traceable to your User ID.
Other people can see your bids, items that you have purchased in the past, items
for sale, storefronts, feedback, ratings and associated comments, and so on.
Notices are sent to other community members regarding suspicious activity and
policy violations on our sites and refer to User IDs and specific items.
Therefore, if you associate your name with your User ID, the people to whom you
have revealed your name will be able to personally identify your bidFlame
activities.
Using Information from
bidFlame
bidFlame enables you to share personal and financial information to complete
transactions. We encourage you to disclose your privacy practices and respect
the privacy of other users. We cannot guarantee the privacy or security of your
information and therefore we encourage you to evaluate the privacy and security
policies of your trading partner before entering into a transaction and choosing
to share your information. To help protect your privacy, we allow only limited
access to other users' contact, shipping and financial information to facilitate
your transactions. When users are involved in a transaction, they may have
access to each other's name, User ID, email address and other contact and
shipping information. In all cases, you must give other users a chance to remove
themselves from your database and a chance to review what information you have
collected about them.
You agree to use user information only for:
bidFlame transaction-related purposes that are not unsolicited commercial
messages;
using services offered through bidFlame (e.g. escrow, insurance, shipping and
fraud complaints), or
other purposes that a user expressly chooses.
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. You are not licensed to add other
bidFlame users, even a user who has purchased an item from you, to your
mailing list (email or physical mail) without their express consent. 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. If you send an email to an email address that
is not registered in our community, we do not permanently store that email or
use that email address for any marketing purpose. We do not rent or sell these
email addresses.
Account Protection
Your password is the key to your account. Use unique numbers, letters and
special characters, and do not disclose your bidFlame 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 bidFlame 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 bidFlame. 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. Once you make a
public posting, you may not be able to change or remove it. Upon your request,
we will close your account and remove your personal information from view as
soon as reasonably possible, based on your account activity and in accordance
with applicable law. 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 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. bidFlame
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. In addition, we will notify you through email.
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