Privacy Policy

1. Overview

Rare Candy Auctions, Inc. (“Rare Candy,” “we,” “us,” and “our”) respects your privacy and is committed to protecting it through compliance with this Privacy Notice (“Privacy Notice”). This Privacy Notice describes the types of Information we may collect from you when you visit the website at rarecandy.com (the “Site”), and that you may provide through your communications with Rare Candy. It also describes our practices for collecting, using, maintaining, protecting, and disclosing that Information.

Please read this Privacy Notice carefully to understand our policies and practices regarding your Information and how we will handle it. If you do not agree with our policies and practices, do not use the Site. By accessing or using the Site, you agree to this Privacy Notice.

Rare Candy may change this Privacy Notice at any time, at its discretion. Your continued use of the Site after we make changes is deemed to be acceptance of those changes, so please check the Privacy Notice periodically for updates.

This Privacy Notice is subject to and governed by the Rare Candy Website Terms of Use (“Terms of Use”) available here.

2. The Types of Information That Rare Candy Collects About You and How Rare Candy Collects Information About You

Rare Candy may collect two types of Information from you when you visit the Site: Personal Information and Non-Personal Information (collectively “Information”).

  • “Personal Information” refers to data by which you may be personally identified, such as name, postal address, e-mail address, and telephone number.
  • “Non-Personal Information” means data that is about you, but does not identify you specifically. If you do nothing during your visit to our Site but browse, read pages, or view content, we will gather and store Information about your visit that does not identify you personally.

We collect information:

  • Directly from you when you provide it to us.
  • Through our business-to-business communications with you.
  • Automatically as you navigate through the Site.
  • Through third-party analytics.

Information You Provide Directly to Rare Candy. The Information that you provide us directly through our Site may include:

  • Information that you provide to Rare Candy, such as through filling in forms on our Site or entering our sweepstakes contests. We may also ask you for Information when you report a problem with our Site. And it may be necessary for you to provide us with Information so we can communicate with you about an inquiry you have;
  • Responses to questionnaires or surveys that we might ask you to voluntarily complete; and
  • Records and copies of your correspondence (including email addresses), if you contact us.

Information Automatically Collected from You. The Information that Rare Candy may automatically collect and store about you when you visit the Site may include:

  • The Internet Protocol Address and domain name used. The Internet Protocol address is a numerical identifier assigned either to your Internet service provider or directly to your computer. We use the Internet Protocol Address to direct Internet traffic to you;
  • The type of browser and operating system you used;
  • The date and time you visited the Site;
  • Your transactions through the Site, including your purchase and bidding history;
  • The web pages or services you accessed at the Site;
  • The length of time you spent on a web page at the Site;
  • The website you visited prior to coming to the Site; and
  • Cookies, which are small text files that a web server (such as Rare Candy's or its chosen web hosting company server) places on a user's computer. When accessing a cookie, Rare Candy's server reads a number associated with a browser, but is unable to determine any data about a user. With that number, our web server can tailor its content to the needs of the specific browser, and we can optimize the Site for your use. You can refuse cookies by turning them off in your browser. If you’ve set your browser to warn you before accepting cookies, you will receive the warning message with each cookie. You do not need to have cookies turned on to use the Site.

Google Analytics Advertising Features. We also may have the following Google Analytics Advertising Features Implemented: Demographics and Interest reporting, Remarketing, GDN Impression Reporting and DoubleClick Campaign Manager. These features collect data using Google advertising cookies and anonymous identifiers. Rare Candy and third party vendors use these first-party cookies to access the success of online marketing campaigns, inform future campaigns and improve usability on the Site. To learn how to opt-out of the Google Analytics Advertising Features we use, please see Google Analytics’ currently available opt-outs for the web at https://tools.google.com/dlpage/gaoptout.

3. How Rare Candy Uses Information It Collects About You and the Purpose for the Collection and Use

We use Information that we collect about you or that you provide to us, including any Personal Information, for the following purposes:

  • To present our Site and the Site Content to you.
  • To provide you with the information or services that you request from us. For example, when you provide your name and email address to us, we are able to use your email address to respond to your comment or question personally.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection in connection with auction purchases.
  • To personalize our services and advertising to you to enhance your experience.
  • To create new services and to improve our business, services, and security.
  • To notify you about changes to our Site or any services we offer or provide though it.
  • To communicate with you regarding our services, including for marketing purposes.
  • In any other way we may describe when you provide the Information.
  • To fulfill any other purpose for which you provide it.
  • For any other purpose with your consent.

Site statistics are compiled into traffic reports, which help Rare Candy understand, anticipate, and respond to user needs. If we learn, for example, of heightened interest in certain aspects of the Site, we are likely to highlight that information on the Site home page. This Information helps us create a better overall experience for Site users.

Rare Candy will retain your Information as long as Rare Candy believes it is appropriate for the purposes of this Privacy Notice.

4. How Rare Candy Protects Your Information

We have implemented measures designed to protect your Information from accidental loss and from unauthorized access, use, alteration, and disclosure. Unfortunately, the Internet is not completely secure. Although we are working to protect your Information, we cannot guarantee the security of your Information either in transmission or when stored. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.

5. When Rare Candy Shares Your Information

We may use and disclose Non-Personal Information about our users without restriction. We may disclose Personal Information that we collect or you provide as described in this Privacy Notice:

  • To our subsidiaries and affiliates, including third-party payment facilitators.
  • To contractors, service providers, and other third parties we use to support our business, as described further below.
  • To a buyer or other successor (potential or actual) in connection with a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Rare Candy’s assets, including any related due diligence.
  • To fulfill the purpose for which you provide it.
  • For any other purpose disclosed by us when you provide the Information.
  • With your consent.
  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • To enforce or apply our Terms of Use.
  • To protect the personal safety of our users or the public.

Except as described above, Rare Candy does not sell any of your Information.

6. Third Parties Providing Services On Our Behalf

We use third parties to host the Site, design and operate the Site features, and perform administrative, payment processing, analytics, and communication services. Services these third parties provide include providing information to Rare Candy about the use of the Site and viewing of our content. We may disclose your Information to these companies so they can carry out these services.

7. Information From Children Under 13

Rare Candy complies with the requirements of the Children’s Online Privacy Protection Act and related regulations. The Site is not directed at children, and Rare Candy does not knowingly collect any Information from children under 13 years of age. If Rare Candy learns that a child under 13 years of age has provided Information, Rare Candy will delete this Information from its databases. If you are under 13, do not use this Site or provide any Information about yourself to Rare Candy, including your name, address, telephone number or email address. If you become aware that Information of a child under 13 years of age has been provided, please contact us at the email address in Section 13 below.

8. Links to Other Websites and Services

We are not responsible for the practices employed by websites or services linked to or from the Site, including the information or content contained therein. Our Privacy Notice does not apply to third party websites or services.

9. Do Not Track

Some browsers incorporate a "Do Not Track" ("DNT") feature that, when turned on, signals to websites and online services that you do not want to be tracked. At this time, the Site does not respond to DNT signals.

10. Your Choices About Information

We send promotional and marketing communications only with your consent. If you no longer wish to receive these or other communications, you can stop these communications by clicking on the “unsubscribe link” provided in such communications. Please report your concerns about collection or use of Personal Information on the Site to one of the addresses provided in Section 13.

If you would like to correct your Information or register a complaint, you can also contact us at the addresses in Section 13.

11. Residents of the European Economic Area (“EEA”)

If you are located in the EEA, you may have certain rights under European law with respect to your Personal Information that are described below.

Controller of Personal Information. Rare Candy is the Controller of your Personal Information. Rare Candy’s primary place of business is PO BOX 140396 6120 SWISS AVE, DALLAS, TX 75214.

Processing. Rare Candy may process your Personal Information on one or more of the following legal bases:

  • as necessary to enter into a contract with you or a legal entity you represent, to perform our contractual obligations, to provide services, to respond to requests from you, or to provide customer support;
  • where we have a legitimate interest, as described in this Privacy Notice (see “How Rare Candy Uses Information It Collects About You and the Purposes for Collection and Use”);
  • as necessary to comply with relevant law and legal obligations, including to respond to lawful requests and orders; or
  • with your consent.

Your Rights. Subject to applicable law, you may have the right to:

  • ask whether we hold Personal Information about you and request copies of such Personal Information and information about how it is processed;
  • request that inaccurate Personal Information is corrected;
  • request deletion of Personal Information that is no longer necessary for the purposes underlying the processing, processed based on withdrawn consent, or processed in non-compliance with applicable legal requirements;
  • request us to restrict the processing of Personal Information where the processing is inappropriate;
  • object to the processing of Personal Information;
  • request portability of Personal Information that you have provided to us (which does not include Information derived from the collected Information), where the processing of such Personal Information is based on consent or a contract with you and is carried out by automated means; and
  • lodge a complaint with the appropriate data protection authorities.

When you consent to our processing your Personal Information for a specified purpose, you may withdraw your consent at any time, and we will stop any further processing of your data for that purpose.

The categories of Personal Information that Rare Candy collects are identified in Section 2, “The Types of Information That Rare Candy Collects About You and How Rare Candy Collects Information About You.” Additional information about how long Rare Candy will retain your Information and how it shares your Information is found in Section 3, “How Rare Candy Uses Information It Collects About You and the Purpose for the Collection and Use,” and Section 5, “When Rare Candy Shares Your Information,” above.

12. Your California Privacy Rights

If you are a California resident, California law permits you to request information regarding the disclosure of your Personal Information by us to third parties for the third parties’ direct marketing purposes. Please direct your requests to Rare Candy using the contact information provided below.

13. How To Contact Us About This Privacy Notice

To ask questions or comment about this Privacy Notice and our privacy practices, please contact us at info@rarecandy.com or by mail at:

Rare Candy Auctions, Inc.
ATTN: LEGAL DEPARTMENT
2150 W Northwest Hwy #114-1176
Grapevine, TX 76051

Effective Date: February 22, 2021