This policy demonstrates our commitment to the European General Data Protection Regulation (“GDPR”) and the California Consumer Privacy Act (“CCPA”) to the extent we offer Services or monitor the activity of individuals in the European Union and California in the USA.
We process your personal information to run our business and provide the Services. By accepting our Terms of Service and in some jurisdictions, by acknowledging this policy, you agree that you have read and understand this policy, including how and why we use your information. If you do not want us to collect or process your personal information in the ways described in this policy, you should not use the Services.
By using the Services, you acknowledge that Bookman Capital will use your information in the United States, and any other country where Bookman Capital operates. Please be aware that the privacy laws and standards in certain countries, including the rights of authorities to access your personal information, may differ from those that apply in the country in which you reside. We will transfer personal information only to those countries to which we are permitted by law to transfer personal information as more fully described below.
1. How we collect personal information.
In the course of providing Services to you, we collect or receive your personal information directly from you, for example, during registration; indirectly from you based on your activity and interaction with our Services, or from the device or browser you use to access the Services; from our vendors and suppliers that help provide services you may interact with and from our third party advertising and marketing partners. Often, you choose what information to provide, but sometimes we require certain information to provide you the with Services. Bookman Capital uses the personal information it receives and collects in accordance with the purposes described in this policy.
To use our Services, you will need to enter a valid email address. If you register, you will need to submit a name associated with your account. You may modify that name through your account settings. You need to provide this information to enable us to provide you with the Services. Additional information, such as billing and payment information (including billing contact name, address, telephone number, credit card information), a telephone number, and/or a physical postal address, may be necessary in order for us to provide a particular service.
For both buyers and sellers, Bookman Capital requires this information from you in order to provide you with the Services (including, to verify ownership of an account, to mitigate fraud and abuse, to comply with regulatory obligations, or to facilitate transactions between buyers and sellers). We may store credit card information for both billing and payment purposes. If you are a Bookman Capital buyer, you may be asked to pre-authenticate your payment method prior to placing a bid.
You may provide your photo, name and other personal information (such as birthday, gender, location) in connection with your account and activity. You can edit or remove this information through your account settings. The name and photo associated with your account (which you may modify in your account settings) is publicly displayed and connected to your Bookman Capital activity. Other registered users may see the date you joined; ratings, reviews and information relating to assets you have sold or bought or comments left by you on listings.
For sellers, we may collect and use information about you in order to feature you in marketing and advertising materials and campaigns, and to feature your listings, as provided for in our Terms of Service.
Bookman Capital automatically receives and records information from your browser or your mobile device when you visit the Website, or use certain features of the Services, such as your IP address or unique device identifier, cookies, and data about which pages you visit and how you interact with those pages in order to allow us to operate and provide the Services. This information is stored in log files and is collected automatically. We may combine this information from your browser or your mobile device with other information that we or our advertising or marketing partners collect about you, including across devices. This information is used to prevent fraud and to keep the Services secure, to analyze and understand how the Services work for registered users and visitors, and to provide advertising, including across your devices, and a more personalized experience for registered users and visitors.
Bookman Capital receives information from our advertising and marketing partners about you. This information can include attribution information via cookies and UTM tags in URLs to determine where a visit to Bookman Capital comes from, responses to marketing emails and advertisements, responses to offers, and audience information from partners who you have given consent to share that information with us.
We collect information about your use of the Services for advertising, for analytics, to serve content, and to protect the Services. This can include your IP address and browser information (including referrers). You can choose to publish your location when you sell it on Bookman Capital. We obtain the location information you provide in your profile or your IP address. Certain non-precise location services, such as for security and localized policies based on your IP address or submitted address, are critical for the Website to function. We will only share your geolocation details with third parties in order to provide you with the Services.
Some users may choose to connect to Bookman Capital or register an Bookman Capital account using an external third-party application, such as Google. Connecting your Bookman Capital account to third-party applications or services is optional. If you choose to connect your account to a third-party application, Bookman Capital can receive information from that application. We may use that information as part of providing the Services to you. Certain third-party applications that you use to create or sign in to your account may provide you with the option to discontinue receiving messages from us or allow you to forward those messages to another email address. If we are unable to send you critical messages about your account, we may suspend or terminate your account.
Bookman Capital receives or obtains information (for example, an email address or IP address) about a person who is not yet a registered Bookman Capital user (a “non-registered-user”) in connection with certain Bookman Capital features, such as when a non-registered user chooses to subscribe to a Bookman Capital newsletter or a registered user invites a non-registered user to visit the Website. Non-registered user information is used only for the purposes disclosed when it was submitted to Bookman Capital, for purposes necessary to the functioning of Bookman Capital’s Services or where Bookman Capital has a legitimate interest, or to facilitate action authorized by a user.
2. Communication from Bookman Capital.
On occasion, Bookman Capital will need to contact you. Primarily, these messages are delivered by email or the discussion forum for a variety of reasons, including marketing, transactions, and service update purposes. You can opt out of receiving marketing communications via email or by following the unsubscribed link in any marketing email you receive.
To ensure you properly receive notifications, we will need to collect certain information about your device, such as operating system and user identification information. Every account is required to keep a valid email address on file to receive messages. Bookman Capital may also contact you by telephone to provide support or for transaction-related purposes if you request that we call you. Additionally, and with your consent where required by applicable law, Bookman Capital may send you an SMS (or similar) message, or reach out to you by telephone, in order to provide you with customer support, for research or feedback, or to provide you with information about listings and features that you may find of interest. You can update your contact preferences in your account settings.
Some messages from Bookman Capital are service-related and necessary for all users. You understand and agree that Bookman Capital can send you non-marketing emails, messages via the discussion forum, or messages, such as those related to transactions, your account, security, or listing changes. Examples of service-related messages include an email address confirmation/welcome email when you register your account, notification of a bid or offer, service availability, modification of key features or functions, relaying messages with buyers, and correspondence with our customer support team.
When you register for an account, subscribe to a newsletter, or provide us with your email address or phone number, you receive notice of and agree (in some jurisdictions and situations, by an additional unambiguous consent) to receive marketing emails and messages from us. You can unsubscribe at any time from marketing emails or messages through the opt-out link included in marketing emails or messages. Registered users and subscribers can also control which marketing emails or messages they receive from Bookman Capital through their account settings. Please note that some changes to your account settings may take a few days to take effect.
3. Communicating with other users and commenting
Bookman Capital is a marketplace and a community. We offer several features that allow registered users to connect, communicate, and comment. Please use common sense and good judgment if you choose to post, comment, communicate or share your personal information with others through the Services. Be aware that any personal information that you choose to submit there can be read, collected, or used by others, or could be used to send unsolicited messages to you. You are responsible for the personal information that you choose to post using the Services.
4. How we use, share and disclose information
Bookman Capital will not disclose your name, email address or other personal information to third parties without your consent, except as specified in this policy. You can control your privacy settings via your accounting settings. Please note that some changes to your privacy settings may take a few days to take effect. We or our sellers may advertise our Services or our sellers’ listings through a variety of different mediums and rely on your consent to do so off-site.
Legal bases
When you access or use the Services, we collect, use, share, and otherwise process your personal information for the purposes described in this policy. We rely on a number of legal bases to use your information in these ways. These legal bases include where:
necessary to perform the contractual obligations in our Terms of Service and in order to provide the Services to you;
you have consented to the processing, which you can revoke at any time;
necessary to comply with a legal or regulatory obligation, a court order, or to exercise or defend any impending or asserted legal claims;
necessary for the purposes of our or a third party’s legitimate interests, such as those of visitors, registered users, or partners (described in more detail below);
you have expressly made the information public;
necessary in the public interest, such as to prevent crime; and
It is occasionally necessary to protect your vital interests or those of others (in rare cases where we may need to share information to prevent loss of life or personal injury).
Our legitimate interests
We principally rely on consent (which can be withdrawn at any time) (I) to send marketing messages, (ii) for third-party data sharing related to advertising, and, to the extent applicable, (iii) for the use of location data for advertising purposes.
We rely on consent for targeted online and offline marketing including through tools like Facebook Audience Match and Google Customer Match. We or our sellers may advertise our Services or our sellers’ listings through a variety of different mediums and rely on your consent to do so off-site. As part of this, we may work with advertising partners such as Facebook, Google, and other partners disclosed in our Cookies & Tracking Policy. These partners have their own privacy policies and consent mechanisms for their customers, in addition to Bookman Capital’s controls. You may see the privacy policies and privacy choices for these partners, and the information you share with them, in our Cookies & Tracking Policy
Where we process your information on the basis of legitimate interests, we do so as follow:
To provide and improve our Services.
We use your information to provide our Services. We use your information for the legitimate purpose of improving and customizing our Services for users, including sharing your information for such purposes. This is also necessary to enable us to pursue our legitimate interests in understanding how our Services are being used, and to explore ways to develop and grow ours. It is also necessary to allow us to pursue our legitimate interests in improving our Services, efficiency and gaining insights into usage patterns of our Services. We have a legitimate interest in customizing your on-site experience to help you search for and discover relevant assets and recommended assets, including using this information to help sellers find the best ways to market and sell their assets on Bookman Capital.
For advertising and marketing
We rely on our legitimate interest to send you marketing messages (where permitted independent of consent) and for Bookman Capital’s advertising programs (including Bookman Capital’s on-site advertising and marketing).
For safety and security of Services
We use your information for safety and security purposes, which can include sharing your information for such purposes, and we do so because it is necessary to pursue our legitimate interests or those of a third party in ensuring the security of our Services, preventing harm to individuals or property, or crime, enforcing or defending legal rights, or preventing damage to Bookman Capital’s systems, or those of our users or our partners. This includes enhancing protection of our community against spam, harassment, intellectual property infringement, crime, and security risks of all kinds. We use your information to provide and improve the Services, for billing and payments, for identification and authentication, and for general research and aggregate reporting. For example, we may use information you provide to resolve disputes with Bookman Capital or other users.
To facilitate the sales process
As part of the buying and selling process, Bookman Capital will facilitate the sharing of information between the two users involved in the transaction.
We may also use your information including but not limited to browsing history, profile information (including name and photo) and site activity in our proprietary and 3rd party algorithms to recommend and/or invite you to match deals and buyers. Where you have been matched, we will surface your profile information including the summary which you have written, profile photo and preferences to relevant sellers. We will not disclose to other parties on the site your phone number, street address or email.
This can also involve us sharing your information with some of our third-party partners to enable us to provide the Services to you. Such partners will process your personal information in accordance with their own privacy policies. In some instances, while they are subject to Bookman Capital’s privacy and security requirements, these partners, not Bookman Capital, are responsible for the protection of personal information under their control. By making a sale or a purchase on Bookman Capital, you are directing us to share your information in this way. Since this is an important part of the Services we provide, we need to do this in order to perform our obligations under our Terms of Service. We expect you to respect the privacy of the user whose information you have received. As described in our Terms of Service you have a limited license to use that information only for Bookman Capital-related communications or for Bookman Capital-facilitated transactions. Bookman Capital has not granted a license to you to use the information for unauthorized transactions or sending unsolicited commercial messages in violation of any applicable laws, including any consent requirements of the jurisdiction of the recipient.
To customize your Bookman Capital experience
We may learn about the types of assets that you’re interested in from your browsing and purchasing behavior on (and off) the Website and use such information to suggest potential purchases as a result. As a core part of our Services, we have a legitimate interest in customizing your on-site experience to help you search for and discover relevant items and recommended purchases, including using this information to help sellers find the best ways to market and sell their listings on Bookman Capital.
For legal and security reasons
Bookman Capital may also retain, preserve, or release your personal information to a third party in the following limited circumstances: in response to lawful requests by public authorities, including to meet legitimate national security or law enforcement requirements; to protect, establish, or exercise our legal rights or defend against impending or asserted legal claims, including to collect a debt, or a material violation of our policies; to comply with a subpoena, court order, legal process, regulation, or other legal requirement; or when we believe in good faith that such disclosure is reasonably necessary to comply with the law, prevent imminent physical harm or financial loss, or investigate, prevent, or take action regarding illegal activities, suspected fraud, threats to our rights or property, or violations of our Terms of Service.
If Bookman Capital receives a lawful, verified request for a user’s records or information in one of the limited circumstances described in the previous paragraph, Bookman Capital may disclose personal information, which may include, but may not be limited to, a users’ name, address, phone number, email address, company/trading name and, where appropriate, bank account and transaction details.
For our affiliates
Bookman Capital is affiliated with a variety of businesses and works closely with them for a variety of purposes, including assisting us to perform and improve the Services. These businesses may sell items or services to you through the Website or Services or, with your consent, offer promotions (including email promotions) to you.
When an affiliated business helps in facilitating your transaction, we may need to share information related to the transaction with that affiliated business in order to facilitate your transaction, and this forms part of the Services we provide in accordance with our Terms of Service. We rely on consent (which can be withdrawn at any time) to send marketing messages and for third-party sharing relating to advertising. As part of this, we may work with advertising partners such as Facebook or Google and we may use analytics aggregated from usage information including, for example, search keywords, favorites, browsing history and purchase history.
For our service providers
Bookman Capital also needs to engage third-party companies and individuals (such as research companies, and analytics and security providers) to help us operate, provide, and market the Services. These third parties have only limited access to your information, may use your information only to perform these tasks on our behalf, and are obligated to Bookman Capital not to disclose or use your information for other purposes. Our engagement of service providers is often necessary for us to provide the Services to you, particularly where such companies play important roles like helping us keep our Service operating and secure. In some other cases, these service providers aren’t strictly necessary for us to provide the Services, but help us make it better, like by helping us conduct research into how we could better serve our users. In these latter cases, we have a legitimate interest in working with service providers to make our Services better.
In the event of a restructuring
In some cases, Bookman Capital may choose to buy or sell assets. Such transactions may be necessary and in our legitimate interests, particularly our interest in making decisions that enable our business to develop over the long term. In these types of transactions (such as a sale, merger, liquidation, receivership, or transfer of all or substantially all of Bookman Capital’s assets), user information is typically one of the business assets that is transferred. If Bookman Capital intends to transfer information about you, Bookman Capital will notify you by email or by putting a prominent notice on the Website, and you will be afforded an opportunity to opt out before information about you becomes subject to a different privacy policy.
Third parties
Third-party plug-ins also collect information about your use of the Website. For example, when you load a page on Bookman Capital that has a social plug-in from a third-party site or service, such as a “Like” or “Send” button, you are also loading content from that third-party site. That site may request cookies directly from your browser. These interactions are subject to the privacy policy of the third-party site. In addition, certain cookies and other similar technologies on the Website are used by third parties for targeted online marketing and other purposes.
These technologies allow a partner to recognize your computer or mobile device each time you use the Services. Please be aware that when you use third-party sites or services, their own terms and privacy policies will govern your use of those sites or services. Bookman Capital chooses and manages these third-party technologies placed on its website. However, these are third-party technologies, and they are subject to that third party’s privacy policy. For more information, see our Cookies & Tracking Policy. We rely on your consent to drop and read these cookies when not technically necessary or when not required based on another purpose such as legitimate interest.
This policy does not apply to the practices of third parties (such as other users who sell assets using the Services, certain third-party providers on whom we rely to provide certain services, or API users) that Bookman Capital does not own or control or individuals that Bookman Capital does not employ or manage, except as otherwise provided for in the Terms of Service or as required by law. If you provide your information to such third parties in connection with your use of the Services, different practices may apply to the use or disclosure of the information that you provide to them. While Bookman Capital requires these third parties to follow Bookman Capital’s privacy and security requirements, Bookman Capital does not control the privacy or security policies of such third parties. To the full extent applicable in your jurisdiction, Bookman Capital is not responsible for the privacy or security practices of these sellers, API users, or other websites on the internet, even those linked to or from the Services. We encourage you to read the privacy policies and ask questions of third parties before you disclose your personal information to them.
5. How we transfer personal information
The United States, European Economic Area (“EEA”) Member States, and other countries all have different laws. When your information is moved from your home country to another country, the laws and rules that protect your personal information in the country to which your information is transferred may be different from those in the country in which you live. For example, the circumstances in which law enforcement can access personal information may vary from country to country. To the extent that Bookman Capital is deemed to transfer personal information outside of the EEA, this is necessary to allow us to deliver our Services to you as we provide a global service.
6. Security of personal information
We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and after it is received, for example encryption is used for certain information (such as credit card numbers) using TLS (transport layer security). Unfortunately, no method of transmission over the internet or method of electronic storage is 100% secure. Therefore, while we strive to protect your personal information, we can’t guarantee its absolute security. Your account information is protected by a password. It is important that you protect against unauthorized access to your account and information by choosing your password carefully and by keeping your password and computer secure, such as by signing out after using the Services. If you have any questions about the security of your personal information, you can contact us at support@BookmanCapital.com.
7. Retention of personal information
Bookman Capital will retain your information only for as long as is necessary for the purposes set out in this policy, for as long as your account is active (i.e., for the lifetime of your Bookman Capital account), or as needed to provide the Services to you. If you no longer want Bookman Capital to use your information to provide the Services to you, you may close your account. Bookman Capital will retain and use your information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your information to comply with applicable tax/revenue laws), resolve disputes, enforce our agreements, and as otherwise described in this policy. In addition, Bookman Capital sellers may also be required to retain and use your information in order to comply with their own legal obligations.
Please note that closing your account may not free up your email address for reuse on a new account. We also retain log files for internal analysis purposes. These log files are generally retained for a brief period of time, except in cases where they are used for site safety and security, to improve site functionality, or we are legally obligated to retain them for longer time periods.
8. Your rights
Consistent with those laws, Bookman Capital gives you the choice of accessing, editing, or removing certain information, as well as choices about how we contact you. You may change or correct your Bookman Capital account information through your account settings. You may also remove certain optional information that you no longer wish to be publicly visible through the Services, such as your name. You can also request to permanently close your account and delete your personal information. Depending on your location, you may also benefit from a number of rights with respect to your information. While some of these rights apply generally, certain rights apply in limited cases.
You can access certain personal information associated with your account by visiting your account privacy settings. You can request a copy of your personal information in an easily accessible format and information explaining how that information is used.
You have the right to request that we rectify inaccurate information about you. By visiting your account settings, you can correct and change certain personal information associated with your account.
In certain cases where we process your information, you may also have the right to restrict or limit the ways in which we use your personal information.
In certain circumstances, you have the right to request the deletion of your personal information, except information we are required to retain by law, regulation, or to protect the safety, security, and integrity of Bookman Capital.
If we process your information based on our legitimate interests as explained above, or in the public interest, you can object to this processing in certain circumstances. In such cases, we will cease processing your information unless we have compelling legitimate grounds to continue processing or where it is needed for legal reasons. Where we use your personal data for direct marketing purposes, you can object to using the unsubscribe link in such communications or changing your account email settings.
Where we rely on consent, you can choose to withdraw your consent to our processing of your information using specific features provided to enable you to withdraw consent, like an email unsubscribed link or your account privacy preferences. If you have consented to share your precise device location details but would no longer like to continue sharing that information with us, you can revoke your consent to the sharing of that information through the settings on your mobile device. This is without prejudice to your right to generally permanently close your account and delete your personal information.
The CCPA provides California residents with the following additional rights:
California residents may request disclosure of the specific pieces and/or categories of personal information that the business has collected about them, the categories of sources for that personal information, the business or commercial purposes for collecting the information, the categories of personal information that we have disclosed, and the categories of third parties with which the information was shared.
To the extent that Bookman Capital “sells” personal information (as that term is defined under the CCPA), California residents are entitled to opt-out of the “sale” of data at any time (see below for more information).
If you would like to manage, change, limit, or delete your personal information, you can do so via your Bookman Capital account settings. Alternatively, you can exercise any of the rights above by contacting us by submitting a message via our help center, chat support or email to support@BookmanCapital.com. Once you contact us to exercise any of your rights, we will confirm receipt of your request.
Limiting use of, or deleting, your personal information may impact features and uses that relieve that information. However, we will not discriminate against you for exercising any of your rights, including otherwise denying you goods or services, providing you with a different level or quality of services, or charging you different prices or rates for services. If you need further assistance, you can contact Bookman Capital through one of the channels listed below under “Contact.” We will respond to your request within a reasonable timeframe.
Please note that we may verify your identity before we are able to process any of the requests described in this Section, and in our discretion, deny your request if we are unable to verify your identity. As a part of this process, government or other identification may be required. You may designate an authorized agent to make a request on your behalf. In order to designate an authorized agent to make a request on your behalf, you must provide a valid power of attorney, the requester’s valid government issued identification, and the authorized agent’s valid government issued identification, and we may verify the authenticity of the request directly with you.
You may also check the receipt of certain types of communications from Bookman Capital in your account settings. Bookman Capital may send you messages about the Services or your activity. Some of these messages are required, service-related messages for users (such as transactional messages or legal notices). Other messages are not required, such as newsletters. You can control which optional messages you choose to receive by changing your account settings. If you no longer wish to use the Services or receive service-related messages (except for legally required notices), then you may close your account.
We use both technically necessary (for the functioning and security of the Services) and non-technically necessary cookies and similar technologies. A more detailed explanation of the technologies we use, and how to opt out when applicable, can be found in our Cookies Policy.
Additional Disclosures for California Residents
In addition to the Rights & Choices described above, the CCPA requires disclosure of the categories of personal information collected over the past 12 months. While this information is provided in greater detail in the sections above, the categories of personal information that we have collected – as described by the CCPA – are:
Identifiers, including name, photo, email address, shop name, IP address, and an ID or number assigned to your account.
Other individual records such as phone number, billing address, or credit or debit card information. This category includes personal information protected under pre-existing California law (Cal. Civ. Code 1798.80(e)), and overlaps with other categories listed here.
Commercial information, including purchases and engagement with the Services.
Internet activity, including your interactions with our Services and what led you to our Services.
Sensory visual data, such as pictures posted on our website.
Geolocation data provided through location enabled services such as Wi-Fi and GPS.
Inferences, including information about your interests, preferences and favorites.
We collect and use these categories of personal information for our business and commercial purposes described in the above sections, including providing and improving the Services, maintaining the safety and security of the Services, processing purchase and sale transactions, and for advertising and marketing services.
Bookman Capital does not sell personal information to third parties for monetary value. However, the term “sale” is defined broadly under the California Consumer Privacy Act. To the extent that “sale” under the CCPA is interpreted to include interest based advertising or other data uses described in the sections above, we will comply with applicable law as to those activities.
To opt-out of receiving interest-based advertising, you can exercise your choice by using your account privacy settings, or the general privacy settings link located at the footer of our homepage and most pages of the Website. The right to opt-out of interest-based advertising is available to all Bookman Capital users.
Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is no industry consensus as to what site and app operators should do with regard to these signals. Accordingly, unless and until the law is interpreted to require us to do so, we do not monitor or take action with respect to “Do Not Track” signals.
California law entitles residents to ask for a notice describing what categories of personal information we share with third parties for their own direct marketing purposes. Other than to Sellers on Bookman Capital (see “Buying and Selling” under the “Information Uses, Sharing and Disclosure” Section above), who must obtain your separate consent for their own marketing off of Bookman Capital, or unless you request us to or consent to it, Bookman Capital does not share any personal information to third parties for their own direct marketing purposes. If you have questions about these practices, you can contact us through one of the channels listed in the “Contact” Section below. For information on interest-based advertising with Bookman Capital and how your information is used for marketing, see our Cookies & Tracking Policy.
If you have a disability and would like to access this policy in an alternative format, please contact us using one of the channels listed in the “Contact” section below.
9. Your responsibilities
If you sell using our Services, you may receive and determine what to do with certain personal information. Your privacy responsibilities, including when you act as an independent data controller (someone who decides what personal data to collect and the purpose you use the data for) are laid out in our Terms of Service.
10. Policy Changes
We may amend or update this policy from time to time. If we believe that the changes are material, we’ll let you know by doing one (or more) of the following: (i) posting the changes on or through the Services or sending you an email or message about the changes. We encourage you to check back regularly and review any updates.
