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Privacy Statement

This Privacy Statement describes the privacy practices of Fleming & Company, LLC with respect to the collection, use, and disclosure of personal information, including in respect of Fleming's website located at www.flemingauction.com. This Privacy Statement may be supplemented or modified by agreements entered into between Fleming and an individual from time to time.

In this Privacy Statement, “personal information” means any information about an identifiable individual, excluding any information that has been made anonymous or that is excluded from the definition of “personal information” under applicable laws.

This statement will notify you of:

  1. What personal information or third party personal information is collected through our web site
  2. How the information is used
  3. With whom the information may be shared
  4. What choices are available to you regarding collection, use and distribution of personal information
  5. The kind of security procedures that are in place to protect the loss, misuse or alteration of personal information under our control
  6. How you can correct any inaccuracies in your personal information

Table of Contents

Information Collection

Fleming collects personal information from individuals through various means, including through Fleming's web site and through bidder registration cards submitted by individuals.

Requirements for consent to collection, use, or disclosure of personal information vary depending on circumstances and on the type of personal information that is intended to be collected, used, or disclosed. In determining whether consent is required and, if so, which form of consent is appropriate, Fleming will take into account both the sensitivity of the personal information at issue and the purposes for which Fleming will use the information. Consent may be express, implied (including through use of “opt-out” consent where appropriate), or deemed. For example, if an individual provides his/her mailing address and requests information regarding a particular product, consent to use the address to mail product information to the individual is implied.

On giving reasonable written notice to Fleming, an individual may withdraw consent to the collection, use, or disclosure of his or her personal information. Upon receipt of this withdrawal, Fleming will notify the individual of the likely consequences of withdrawing his or her consent. Except where otherwise required or permitted by law, Fleming will then stop collecting, using or disclosing the individual's personal information.

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Information Use

Fleming uses information collected from individuals to provide products or services, to respond to requests for information regarding products and services, and for additional purposes that may be identified at or before the time that the information is collected. The information gathered will be used for general corporate marketing purposes, thereby enabling Fleming to refine and improve our service and better meet our customers' needs.

Fleming will not use or disclose personal information for purposes other than those for which it was collected, except with the consent of the individual or as required or permitted by law. Once the information is no longer required to fulfill its intended purposes, and is no longer required or permitted to be retained for legal or business purposes, it will be destroyed, erased, or made anonymous.

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Information Disclosure

We are the sole owner of the information collected on this site and will not share or rent this information to others in any way other than as disclosed in this Privacy Statement.

Fleming may disclose certain personal information to third party service providers and to affiliated entities in order to carry out work on behalf of Fleming. Fleming will take appropriate steps to ensure that such recipients safeguard the personal information and use the information only for authorized purposes. If we partner with another party to provide specific services, and a user registers for these services, we will share the contact information or other information necessary for the third party to provide the requested services.

Fleming may also disclose personal information to legal, financial, and other professional advisors and to its lenders or insurers in connection with the operation of its business, or in connection with the sale or reorganization of all or part of its business or operations. In respect of Fleming's fraud detection and prevention efforts or the investigation of unlawful activities, Fleming may collect and disclose personal information in cooperation with law enforcement authorities.

By using the Fleming website, you agree to allow Fleming to use your remarks, suggestions, writings or comments as Fleming so determines without your further consent and without compensation or any other interests or rights. However, Fleming will not identify the specific source of the comments by name or email address without your permission. You also agree that Fleming will not be liable for use or acquisition of your information by any third party without Fleming's knowledge or consent.

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Sharing

We may share aggregated demographic information with our partners and affiliates. This is not linked to any personal information that can identify any individual person.

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Online Registration

To use certain areas of this website, participate in Internet bidding, or subscribe to receive email notices, a user must first complete a registration form and provide contact information (such as name and email address). Registration will result in a membership record.

Registration for an email notification subscription requires that registrants submit personal information including name, email address, industry and job title.

Registration for access to Internet bidding services requires registrants to submit personal information including that required for the above purposes, plus physical address, personal identification (driver's license or passport ID), and banking information.

Registration and the provision of this information are required to access these areas of the web site. Visitors who do not input the required information will not have access to these areas.

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Special Offers, and Site and Service Updates

We may send registrants site and service announcement updates, and information regarding new or improved services and upcoming events that we think may be of interest to them. We may communicate with a user to provide requested services or with respect to their account via email or phone.

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Usage Data

The website also collects other information through some of the features available on the site. Information including unique ID, access time, equipment search parameters and visitor feedback is collected.

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Web Server Traffic Log Files

Web server logs collect visitor information including IP address, browser type & version, referring URLs, referring search engines and specified search strings. This information helps us design improvements to the services and navigational structure of our website.

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Links

This website contains links to other sites. Please be aware that RBA is not responsible for the privacy practices of such other sites. We encourage our users to read the privacy statements of all websites that collect personal information.

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Surveys

Occasional surveys may be conducted on the Fleming web site. Survey information will be used to help us monitor and improve the use of this site and our services.

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Management of Personal Information:

Security

We take several precautions to protect our users' personal information. When users submit sensitive information, their information is protected both online and off-line.

When users are asked to enter sensitive information (such as bidding and consigning information) on our website, that information is encrypted and is protected with industry-standard encryption software.

While we use encryption software to protect sensitive information online, we also protect user-information off-line. Access to all of our users' information, not just the sensitive information mentioned above, is restricted within our offices. Only employees who need the information to perform a specific job are granted access to personally identifiable information. All employees are required to strictly observe our security and privacy practices. Finally, the servers and backup tapes on which we store personal information are kept in a secure environment.

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Notification of Changes & Acceptance of Privacy Statement

By using the Fleming website and services, you signify your acceptance of this Privacy Statement.

We reserve the right to modify this Privacy Statement at any time. Your continued use of any portion of the Fleming website following notification or posting of such changes, will constitute your acceptance of those changes.

If we change our privacy practices, we will post those changes to our Privacy Statement web page and update the date listed on the links to it, as well as on the statement itself. We will post those changes so users are always aware of what personal information we collect, how we use it, and under what circumstances, if any, we disclose it. We may from time to time provide notice of changes to this Privacy Statement by email or mail, or to other contact information provided by you.

We use personal information in accordance with the Privacy Statement under which the personal information was collected. If at any point we decide to use personal information in a manner different from that currently stated, we will notify users. Users will have a choice as to whether or not we use their personal information in this different manner.

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