Privacy Policy
1. Scope of and updates to this Privacy Statement
Being the trusted choice for your global asset management and disposition needs starts with Energyard.com to customer service. As part of that commitment, we respect the privacy of our customers and users. Whether we are helping to appraise, sell, inspect, buy, refurbish, transport or finance your oilfield heavy equipment, trucks, and other assets around the world, we are guided by our desire to meet your needs in a convenient, fair and transparent manner - and that includes making sure you understand how we handle personal information and what corresponding rights are available to you.
Energyard.com is a global organization with companies located around the world that operate our multi-channel solutions for buying and selling Equipment, as well as our related service offerings. Our brand solutions include:
This Privacy Statement applies to Energyard.com websites, services and solutions that collect information and display or link to this Statement, and that are owned and operated by a member of the Energyard companies.
To understand which Energyard company is responsible for the collection and further processing of your personal information, see the section below entitled "Data Controllers".
We may change this Privacy Statement at any time by posting the revised statement on this website and indicating the effective date of the revised statement. The revised Privacy Statement will be effective once posted unless we state otherwise.
We may also supplement or modify our privacy commitments in this Privacy Statement through other notices we make available to you or through contractual commitments we enter in writing.
Where we've provided a translation of the English language version of this Privacy Statement, such translation is provided for your convenience only. To the extent there is any inconsistency between the English language version and such translation, the English language version takes precedence.
2. Who to contact with questions or for more information
If you have any questions or comments about this Privacy Statement or our practices, you can reach our Data Protection Officer through our Data Privacy Office at:
565 Mason Rd Suite 216, Katy, TX, 77494
info@energyard.com
3. What personal information we collect and process
Our multiple solutions are designed to help your business Move, Build and Grow.
Most of the information we collect, and process, is equipment related information and business contact information relating to, and provided by, our customers' employees or other workers. In general, information is collected when a customer engages one of our brand solutions to provide services by entering a contract, creating an online account, coming into one of our auction locations to register for an auction, providing us information through a webform, or otherwise interacting with us. Information may also be obtained from other sources. For instance, brand solutions may share information, or an outside service provider is used to verify or supplement what we've received. In some cases, the information we obtain is generated automatically when users engage with our digital services, such as browsing our websites, using our mobile applications, opening our communications or clicking on our advertisements.
While our solutions are generally not targeted at individuals buying or selling for personal, family or household purposes, individuals do engage with certain of our solutions from time to time for these purposes.
Some information we obtain from you may be more sensitive in nature and depends on the services you are engaging us to perform.
Certain of our brand solutions obtain and store personal information for the benefit of our corporate or government customers to provide those customers specific technology services. In those circumstances, we are acting as a service provider and collect and process that information in accordance with our customers written instructions and our contractual arrangement.
Offering you the choice of multiple solutions for different needs means that each solution operates somewhat differently. To learn more about the categories of information handled by specific solutions and their sources, read on.
We combine or link the personal information we collect from you with information we receive from the other sources identified in the chart above. Where we receive data from third parties, we try to confirm the information was lawfully collected and disclosed to us.
If you are a representative of our corporate or government customer subscribing for services, we collect your business contact information to establish and maintain our relationship with our customer as their service provider (e.g. customer service and invoicing).
We also collect IMS end user credentials and interactions with the IMS to monitor, log, analyze and test the security of the systems, networks, databases and applications supporting the IMS and to ensure compliance by the customer with our contractual arrangements. We also use this interaction data to monitor and improve the general performance and usability of the IMS such as enhanced features, GUI layouts, and page responsiveness.
Information and data collected by us through management of RBAS tools will be used as necessary to comply with our legal and regulatory obligations.
Personal information collected includes:
For further information about the collection of data using cookies, web beacons and similar tools when you interact with the Energyard website, our custom webforms or our email communications.
We combine or link the personal information we collect from you with information we receive from the other sources identified in the chart above. Where we receive data from third parties, we try to confirm the information was lawfully collected and disclosed to us.
4. Purposes and legal basis for handling your information
We use your personal information for a range of different business and other purposes and according to different legal bases of processing. We use information collected to primarily provide solutions and services, to respond to requests about our solutions and services, to protect our rights and the rights of others, to provide you with personalized digital advertising and marketing, to provide customer service, to detect, prevent, mitigate and investigate fraudulent or illegal activities, and to communicate with you about your account and our solutions and services. See the table below to learn more about examples of our processing purposes.
4.1 What we process information for
| Description of processing purpose | Legal Basis | Categories of Information Processed | Categories of Recipients |
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To prepare a contract with you or your business entity for products and services for execution and send it to you for execution |
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To publish and promote your assets, listings and related content on the websites, marketplaces or in the applications of Energyard.com solutions or of cooperating third party publishers and advertisers |
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To register you to bid in-person at a live auction event and assign you a bidding number; approve and monitor bidding limits or privileges on our transactional solutions (check in the US Federal System for Award Management); and process bidding deposits or authorizations where required after performing identity and address verification and credit card checks |
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To create an online account for you permitting you, and others added to your account, to access our websites, applications and other tools across the various Energyard.com including the online bidding platform and mobile apps |
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4.2 Data sharing with OEMs and their dealers
As noted above, if you make a business during Eneryard,com, we may share your price and contact information with the OEM of the lot you bid on and any of the OEM's dealers or representatives in your geographic area, if the OEM or dealer/representative entered into a contractual arrangement with us. We do not trade this information in exchange for money. OEMs and their dealers or representatives use this information to pursue their legitimate interest of understanding the lifecycle of their equipment and the secondary market for their equipment, to communicate with you about their products and services, and for other purposes disclosed in their privacy policies. Once disclosed, this information will be governed by the OEM's or the OEM dealer's privacy policy and will be subject to the laws of the jurisdiction in which the OEM or OEM dealer processes the information. See "Privacy related requests and your preferences" below on how to opt-out of this sharing and how to request which OEMs and dealers your information was disclosed to during the 12-month period preceding the date of your request. For more information, visit our "Data Handling and Sharing FAQ".
4.3 Automated decision-making
Energyard.com use automated decision-making technologies to assist in determining a user's bidding privileges and whether a deposit is required prior to bidding. This processing assists us in protecting our interests and the integrity of our auctions and efficiently make decisions to extend to you the contractual right to bid at an auction. Our decision on bidding privileges or a deposit may be reviewed by a Customer Care agent.
5. International transfer
Data we collect is transferred to database servers located in various regions, including Canada, European member states, Serbia and the United States. In addition, our personnel and our third-party service providers whom we transfer your information to for our business purposes may also store and access (and in the case of service providers, onward transfer to) your personal information in other countries. These countries may offer a different level of data protection and may have different data protection rules than your country of residence. In certain circumstances courts, law enforcement agencies, regulatory agencies or security authorities in those other foreign jurisdictions may be entitled to access your information.
Under the General Data Protection Regulation (GDPR) and other data protection laws, information about individuals who are entitled to protection under those laws may only be transferred from their region to other regions if certain requirements are met. When we transfer your personal information from outside the EEA or UK, we rely on a variety of measures to support the transfer under EU or UK law, as applicable. As the European Commission and UK government consider Canada to be a country which provides adequate data protection, information may be transferred from the EEA or UK to Canada. In other cases, we may rely on a service provider's registration in the EU-US Privacy Shield and Swiss-US Privacy Shield (if sent to the US) and/or contractual means to require administrative and technological safeguards designed to mitigate the threat of unauthorized access, use or disclosure of your information (such as standard data protection clauses issued or approved by the European Commission (2010/87/EU, 2001/497/EC or 2004/915/EC). Please contact us if you have any questions about the transmission of information among members of the Energyard corporate family or our transfers to service providers.
6. Storage and erasure
We and our service providers store personal information in accordance with applicable data protection laws to the extent necessary for the purposes set out in this Privacy Statement or for which you are otherwise notified. We will destroy or obfuscate data in accordance with our data retention and deletion policy unless we are obliged to keep your personal data longer (i.e. for legal or audit purposes). In general, Energyard retention periods are 7 years. Permanent deletion of data can be difficult due to the impact on applications and systems. Where legally permissible, we may restrict further access or usage of data instead of deleting it.
Retention periods vary by region, the service or product in question and applicable law. We consider the following factors:
- Is the information necessary to provide the service or product? This covers things such as entering into a contract with you, performing the service requested or paid for, or maintaining appropriate business and financial records.
- Is the information sensitive in nature?
- What statutory, contractual or similar obligations exist? This covers things such as retaining information as a result of contractual obligations or due to anticipated or pending legal disputes. Certain laws also stipulate required retention periods for certain information.
- What will the impact on the integrity of systems and applications be if the information is removed?
7. Data security
While we take reasonable administrative, technical and physical measures to protect the information you submit or that we collect online and offline against loss, theft and unauthorized use, disclosure, or modification, we cannot guarantee its absolute security. No Internet, email or mobile application transmission is ever fully secure or error free, nor are firewalls and physical access restrictions impenetrable.
If you believe your account has been abused, please contact us at info@Energyard.com
8. Privacy related requests and your preferences
California Residents. If you are a resident of California, see our State Privacy Disclosures page for specific information on Your California Privacy Rights.
Access to Information. In some jurisdictions, applicable law provides the right to be informed of and request access to the personal information we hold and process about you. For instance, for individuals with rights under the GDPR, you may request information on the purposes of the processing, the categories of personal information concerned, the categories of recipients to whom the personal information have been or will be disclosed, the envisaged period for which the personal information will be stored, the existence of the right to request rectification or erasure of personal information or restriction of processing of personal information or to object to such processing, the right to lodge a complaint with a supervisory authority, any available information as to the personal information's source (where not collected from you), the existence of automated decision-making, including profiling and, where appropriate, meaningful information on its details. Access to information may be subject to certain exemptions.
Rectification of Inaccurate or Incomplete Data. You have the right to ask us to correct inaccurate or incomplete personal information concerning you. For certain services, you may also use your online account profile page to review and edit some of your personal information.
Data Portability. For individuals with rights under the GDPR, you may request personal information about you, that you provided to us, be delivered to you in a structured, commonly used, and machine-readable format and/or request us to transmit this information to another service provider (where technically feasible).
Erasure. You can request that we erase your personal information and deactivate your applicable user account. Please note that exemptions and restrictions may apply depending on applicable law. In some cases, we will not erase the data, but instead restrict further processing (e.g. where the information is still necessary in relation to the purpose for which it was collected or is needed to establish, exercise or defend a legal claim). We may also obfuscate/pseudonymize or aggregate data where permitted.
Withdrawing Consent. Where you have provided your consent to our processing of your personal information you may withdraw your consent at any time. Please specify if the request is a general withdrawal or which specific consent you want to withdraw. Please note that the withdrawal of your consent does not affect the lawfulness of any processing activities based on such consent before its withdrawal.
Restricting Processing. In some jurisdictions, applicable law may give you the right to restrict the ways in which we use your personal information. For instance, under the GDPR, where:
- you contest the accuracy of your personal information;
- the processing is unlawful but you oppose the erasure of your personal information;
- we no longer need your personal information for the purposes of the processing, but you require the information for the establishment, exercise or defence of legal claims; or
- you have objected to the processing based on the grounds described in the next paragraph below and pending the verification whether we have legitimate grounds which override your own.
Objecting to Processing. The GDPR entitles individuals to object to our processing their personal information for certain specific purposes (including profiling) where such processing is based on our legitimate interest. If an individual entitled to do so objects to such processing we will no longer process their personal information for these purposes unless we can demonstrate compelling legitimate grounds for such processing or such processing is required for the establishment, exercise or defence of legal claims.
If personal information is processed by us for direct marketing purposes, individuals have the right to object at any time to the processing of their personal information for such marketing, which includes profiling to the extent that it is related to such direct marketing.
Lodging Complaints. You have the right to lodge complaints about the personal information processing activities we carry out before competent supervisory authorities. We hope though that if you reach out to us first, we can resolve your complaint amicably. If not, then refer to the chart below under "Data Controllers" to see which supervisory authority to contact.
Email Communications. We use your email address to communicate with you in order to fulfill any contractual obligations with you (e.g. to send you invoices or settlement statements) and to notify you about important account information (e.g. updates to our terms of use or security notices). These communications are mandatory. Where permitted by applicable law, we may send you relevant marketing communications if you have registered and created a account through one of our websites and agreed to our terms of use for your account. We may also send you marketing communications if you have contracted to sell with us or registered to bid in person at any of our live sales events and agreed to our terms at the time of registration. In certain jurisdictions, by doing so, you infer or imply your consent. If you reside in a country that requires that we obtain your express consent, we will ask for you to expressly opt-into communications. Marketing communications may come from the Energyard.com that you contracted with when registering an account or registering to sell or bid, or from another member of the Energyard corporate family that provides products or services that we think may be of interest to you. If you are receiving marketing emails, you can unsubscribe from these marketing emails by clicking the unsubscribe link in any marketing email you receive.
Data sharing with OEMs and their dealers. We provide you with the right to know what identifiable information and which OEMs and dealers and representatives we have disclosed information to for their use during the 12-month period preceding the date of your request. Depending on where you live, you may have the right to request data for a greater period of time. To obtain a list of these OEMs, OEM dealers or representatives who we have disclosed your identifiable information to and/or to stop any further disclosure, use the privacy contact form or other options noted above at the beginning of this section.
9. Cookies & similar technologies and your preferences
When you interact with our online offerings and digital content (e.g. emails or banner ads) or mobile apps, we, our service providers and selected third parties may use cookies and similar technologies (e.g. web beacons and mobile device identifiers) to make our offerings, content and apps better, faster and safer, to personalize our advertising across the web, or to provide users a personalized experience.
Cookies are small text files that are automatically created by your browser and stored on your device when triggered by the online offering or mobile app. Web beacons operate in conjunction with cookies as a small imperceptible graphic image that tracks a user action when taken (e.g. clicking on a link in an email).
Our use of these technologies falls into four categories:
| Category | Description |
|---|---|
Operationally necessary |
Enable users to navigate and use functionality of the online offering or mobile app |
Functionality related |
Improve a user’s experience by enabling personalization functionality on the website. Also allows us to analyze and optimize the operation of the offering (e.g. monitoring load times) or track user interaction to understand usage patterns (e.g. clicks, page views) |
Advertising or targeting related |
Understand your interests and behavior online and make the ad content you see on the web, in email or on social networks more relevant to you |
Some of these technologies may be permanently placed on your device until you remove them (persistent cookies) while others are temporary and are removed after you close your browser (session cookies).
Our service providers use of your data on our behalf is subject to contractual arrangements between us and them. When you take certain actions, or engage with advertisements of our services, on other websites across the internet, selected third-party organizations place and use cookies and similar technologies to collect data about your activities. This data may be combined with other data they have acquired and used to profile your interests and serve you advertisements of interest. The processing of your data by these third parties is subject to their privacy practices over which we have no control.
Cookie Preferences
The tool will only work on the Internet browser you use to make your choice and it will only function properly if your browser is set to accept third-party browser cookies. If you delete cookies, change browsers, computers or operating systems, you will need to make a new selection.
You are always free to completely block cookies if your browser or device permits, although doing so will interfere with your use of some of our websites' features or content. Review your browser settings to do so.
For more information about targeting and advertising cookies and how you can opt-out from a range of third parties generally, visit:
- Network Advertising Initiative: http://www.networkadvertising.org/choices
- U.S. Digital Advertising Alliance: http://www.aboutads.info/choices
- Digital Advertising Alliance of Canada: http://youradchoices.ca
- European Digital Advertising Alliance: http://www.youronlinechoices.eu
Note that using the opt-out tools provided by these initiatives are also browser and device specific. As well, deleting cookies can remove your opt-out preferences, so you will need to periodically refresh your opt-out preferences.
To set "Limit Ad Tracking" on various iOS devices, please click here.
To opt-out of Google interest-based ads on Android, open your Google Settings app > Ads > Enable "Opt out of interest-based advertising"
Certain of our service providers allow you to directly limit their ability to target you with advertising. Follow their respective instructions below. Please note this list is subject to change. Contact us as noted at the beginning of this Privacy Statement for the most up-to-date listing.
| Provider | Details |
|---|---|
Google Ads |
Optout by updating your Google Ad Settings. There you will also find instructions to permanently opt-out through the use of an installed browser plug-in. |
Microsoft Ads (Bing Ads) |
Optout by updating your Microsoft Ad Settings. |
Facebook Ads (including Custom Audiences) |
You may adjust your settings by visiting Facebook's ad preferences page, logging-in and adjusting your settings. |
LinkedIn Ads (including Matched Audiences) |
You may adjust your settings by visiting LinkedIn’s ad settings page, logging-in and adjusting your settings. |
Criteo |
For more information about Criteo's privacy practices generally or to opt-out of further data collection by Criteo, please click here. |
Vizury |
For more information about Vizury’s privacy practices generally or to opt-out of further data collection by Vizury, please click here. |
Hotjar |
For more information about Hotjar’s privacy practices generally or to opt-out of further data collection by Hotjar, please click here. |
10. Data Controllers
The Energyard company responsible for the handling of your personal information depends on the brand you are interacting with and where you are located:
11. Other information regarding privacy
11.1 Responsibilities for receipt of information through services
When using our solutions, you may receive or have access to another person's information. For example:
- While we do not identify sellers and buyers on the Energyard.com, certain sellers may offer inspection privileges in which case bidders will have access to name, address and contact information of an equipment manager to arrange for inspection
- Once a buyer pays for items on the Energyard.com, they will receive information about the seller (name, address, contact information) to facilitate the pick-up of their purchases
- Sellers advertising on the public information receive the contact information of interested buyers when an inquiry is made through the contact functionality
- Interested buyers have access to the name and contact information of a seller advertising an item in a listing on Energyard.com
You may use the information received or which you've been given access only to interact with the other person as part of your transaction or to comply with regulatory obligations. You must comply with all applicable law and, in particular, provide the other person with any data subject rights to which they are entitled. You are solely responsible for determining whether you may lawfully use the information received or accessed for other purposes. Note that certain information may also be subject to usage restrictions in accordance with our terms of use or buyer terms and conditions.
11.2 Providing us with third party personal information
If you provide us with personal information relating to another person, you must obtain the consent of the person or the disclosure of the information to us must be otherwise legally permissible. You must inform the other person of how we process personal data in accordance with this Privacy Statement.
11.3 Links and Social Media Presences
Our websites contain links to other sites including sites maintained by our customers, third party service providers or preferred or recommended providers. We are not responsible for the privacy practices of such other sites. We encourage our users to read the privacy notices of all websites they choose to visit that collect personal information.
Energyard . maintains publicly accessible profiles in various social networks listed below. Our social media presence ensures an internet presence that is as comprehensive as possible - which supports our legitimate commercial and marketing interests.
Social networks are able to analyze your user behaviour when you visit their websites or other sites with integrated social media plug-ins, or you use their mobile apps. When you're logged-in to your social media account and you visit our social media presence, or you click on a hyperlink to our social media presence and then log-in to your account, the social media operator associates your visit with your social media user account. It may also be possible for the operator to identify you when you are not logged-in or do not have an account. All of this is made possible by the placement of tracking tools on your browser or device that are associated with the social media operator. These allow the operator to receive information from our websites which it combines with information it receives elsewhere on the internet or from other sources.
Social media operators use the information gathered about you to create user profiles that store your preferences and interests. The profiles are used to tailor advertising to you based on your interests both within and outside of their respective social media sites and across any device you've used to access the social media site. The information is also used by operators to provide anonymous measurement statistics and demographic data to us as administrators of our social media presence. We use this data to create content more relevant to our target audiences. For details of other uses of this data by operators, please refer to their respective privacy notices. For further information about our collection of data using cookies, web beacons and similar tools when you interact with our digital services, check out "Cookies & similar technologies and your preferences".
For individuals with rights under the GDPR, when you visit one our social media presences, we are jointly responsible as controllers together with the social media operator for the data processing activities triggered by your visit. You may assert your rights against either of us, but please note, despite having joint responsibility we have no real influence over the data processing activities conducted by the social media operator. Refer to the information below for the specifics of each social media operator.
| Social Media Presence | Provider | Important Info. |
|---|---|---|
Facebook Fanpages |
Facebook Ireland Limited 4 Grand Canal Square, Grand Canal Harbour, Dublin 2 Ireland |
The following agreement governs our joint responsibility for processing: https://www.facebook.com/legal/terms/page_controller_addendum You can set your advertising preferences vi your user account. Click below and login: https://www.facebook.com/settings?tab=ads For further details please refer to the Facebook privacy policy: https://www.facebook.com/about/privacy/ |
Instagram Profile |
Instagram Inc. 1601 Willow Road, Menlo Park, CA, 94025, USA |
For details on the processing of your information by Instagram, review to its privacy policy: https://help.instagram.com/155833707900388 |
Twitter Pages |
Twitter International Company |
You may adjust your Twitter data privacy settings independently via your user account. To do so, click on this link and log in: https://twitter.com/personalization For further details please refer to the Twitter privacy policy: https://twitter.com/privacy |
YouTube Channels |
YouTube LLC 901 Cherry Ave., San Bruno, CA 94066, USA |
You can set your advertising preferences independently via your user account. To do so, click on this link and log in: https://myaccount.google.com/intro/data-and-personalization For further details please refer to the YouTube privacy policy: https://policies.google.com/privacy |
LinkedIn Profile |
LinkedIn Ireland Unlimited Company |
The following agreement governs our joint responsibility for processing: https://legal.linkedin.com/pages-joint-controller-addendum If you would like to deactivate LinkedIn advertising cookies, please use the following link: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out For details of how your personal data are processed, please refer to the LinkedIn privacy policy: https://www.linkedin.com/legal/privacy-policy |
11.4 Regional disclosures
This Privacy Statement establishes our global principles for the collection, use, disclosure and storage of personal information that is processed by Energyard member companies in the course of our operations. Certain places where you are doing business with us or where the website or application you are interacting with is located or hosted may have specific requirements concerning personal information which may be found under our State Privacy Disclosures.
