Date last revised: October 2021

ADESA, Inc. has developed a comprehensive privacy program designed to respect and protect your data privacy rights. ADESA’s affiliated company, OPENLANE, Inc., owns and operates private label vehicle remarketing services, websites and mobile applications (collectively, the “OPENLANE Services”). ADESA and OPENLANE, Inc. shall together be referred to herein as “Company,” “we” or “us” (with the word “our” also referring to us). This Privacy Notice explains what personal information we collect through our Internet website Adesa.com, mobile application(s), and any other features via the site (collectively the “Service”), and how we use that information.

Information Collection and Usage

When you visit our website, we may collect certain information automatically through our Service, such as the Internet Protocol (IP) address used to connect your computer to the Internet, your ISP provider, device usage, browser information, user behavior, page navigation, referring sites, countries of origin, information about your operating system, and other statistics (“Analytics”).

When you use our mobile application(s), we may request information about your device, including device type, unique device identifiers, and mobile location data (if you have activated a mobile application with us and permitted your mobile device to transmit location data). Our mobile applications may also request certain permissions for certain device functions and collect information about the device and its settings. We use mobile device data to improve our quality of service and market relevant products. You may opt-out of this collection or withdraw permission by changing the settings on your mobile device.

You may provide information to us directly when you respond to a survey, contact us via our website, or call us. We may ask you to provide your name, mailing address, phone number, and an email address. You should be aware that when you submit a message to us via our website, your correspondence is stored for the purpose of providing customer support.

We collect and maintain information about you and your business when you register an account. The information you provide can identify you and your business and includes, your name, date of birth, dealer registration number, vehicle purchases and sales (e.g., type of vehicle, quantity, price, vehicle identification number, odometer reading, year, make, model, date of purchase and/or sale, purchase and/or sale patterns), contact information (e.g., name, telephone number, email address and mailing address), username, banking information, and financial and tax information.

If assisting with dealer access registration, we may collect your name, copy of driver’s license, date of birth, social security number (for US customers only), contact information (e.g., name, telephone number, email address and mailing address), username, banking information, and financial and tax information

How We Use Your Information and Basis for Processing

We will limit the collection and use of personal information to what is necessary to administer our business. We may use your name, contact information, mobile location data, and financial and vehicle information to provide you with promotional email communications, as well as for the following purposes:

  • Process your applications and related documents required to become a registered Company dealer and to make a decision regarding the acceptance or rejection of your applications;
  • Ensure that Company’s auction facilities are used by registered dealers and authorized sellers only;
  • Verify the information that you provide to Company;
  • Verify, evaluate and/or monitor your creditworthiness;
  • Assist with the collection of any amounts owed to the Company;
  • Contact you or respond to your communications regarding any purchases, requests, complaints or comments you may have;
  • Contact you to provide you with information regarding Company’s business and sales, including, for example, marketing communications and information about Company’s rewards, loyalty or other programs or promotions including any joint marketing activities;
  • Help Company to develop, evaluate and improve its sales and marketing strategies and techniques;
  • Provide third parties with information necessary to permit that third party to conduct business with Company and/or effectively provide services;
  • Assist Company and third parties in evaluating the vehicle remarketing industry;
  • Operate and improve the Service;
  • Respond to reasonable inquiries from regulatory and/or investigative authorities; and
  • Maintain and update Company’s banned dealer list.

The lawful basis for processing this information is our legitimate interest in performing the obligations outlined in our contract with you and others.

Disclosure of Information to Third Parties

In connection with the purposes set out above, we may share and disclose your information with:

  • Any member or affiliate of our business group;
  • Business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you;
  • Analytics and search engine providers that assist us in the improvement and optimization of our website;
  • Any group or entity involved in the buying or selling of any assets, potential or actual acquisition, or merger of our company; and
  • Several social networking and blogging platforms to communicate with our customers, some of   which are operated by third parties, such as Facebook, Twitter, YouTube, and LinkedIn.
  • We do not sell your personal information.

When permitted or required by law, we will share your personal information with government entities, such as regulatory agencies, law enforcement, and judicial authorities, or private parties:

  • to respond to claims and legal proceedings (including subpoenas and court orders);
  • to enforce or apply any of our terms and conditions and other agreements;
  • to protect our property, rights, and safety;
  • to protect the property, rights, and safety of a third party or the public in general; and
  • to stop any activity that we believe is illegal, unethical, or legally actionable.

Social Media Platforms

We use several social networking and blogging platforms to communicate with our customers, some of which are operated by third parties, such as Facebook, Twitter, YouTube, and LinkedIn. This Privacy Notice applies to our use of information you submit to us there, but it does not apply to what those third-party platforms do with your information. Those platforms have their own privacy policies, and we encourage you to read them. The Service may include features and functionalities that allow you to share information with us that you have already provided to a third-party social networking platform. If you do so, then personal information or other data that you have provided to that third party will be made available to us, pursuant to the third party’s terms and conditions, and you consent to our use of that information in accordance with this Privacy Notice. The information we receive from that third party may depend on the privacy settings you have on the third-party site. We may also include tools on the Service that allow you to share and/or publicly post content or information from the Service to your profile on a third-party social network.

Information We Collect from Other Sources

Financial institutions, manufacturing companies, industry partners and dealerships may also send us information about you. We take measures to require third-parties have a lawful or contractual right to collect, use, or disclose your information before providing any data to us. This information is used for our legitimate business interest.

Protecting and Storing Your Information

We are committed to protecting the information entrusted to us. We have implemented reasonable and appropriate physical, technical and administrative procedures to safeguard this information from loss, misuse, unauthorized access or disclosure, alteration and destruction. The information that we collect from you is stored securely. It shall be stored for as long as it is legally required or reasonably necessary for the purposes for which it was collected.

Cookie Policy

Some of our website pages may use a technology called “cookies.” A cookie is a token that a server gives to your browser when you access an Internet website. Cookies are capable of storing many types of data. Cookies can help provide additional functionality to the website or help us analyze site usage more accurately. Information gathered from the use of cookies may be combined with other data sources to identify you.

We use cookies for one or more of the following reasons: to personalize content, provide social media features, and/or analyze traffic to the website. We also may share information about your use of the website with our social media, advertising and analytics partners.

We use and allow third-parties to employ “targeted” cookies (persistent identifiers tracking users over time across different sites and services) through our website for marketing purposes.

We may, from time to time, and subject to our Privacy Notice, use technologies similar to cookies, including web beacons, pixel tags, flash objects, location tracking and/or third-party widgets. We use this information to enhance your web or mobile experience and to allow you to share information on other platforms, including social media.

Third Party Links

We may provide links to third-party Internet sites strictly as a service to you. We are not responsible for the privacy practices of third-party Internet sites. If you leave the website, you should be sure to read the privacy notice of each Internet site that you visit.

When you visit our website for employment opportunities, you are redirected to a third-party vendor contracted to assist us with recruiting and staffing. This third-party may request personal information, including your name, job title, name of your employer, home address, email, work history, and education. When you submit personal information to this third-party, your information is governed by privacy policies maintained by this vendor.

Cross-Border Transfers of Personal Data

Your information may be transferred to — and maintained on — computers located outside of your state, province, or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction. Any transfer of personal data to the United States will be done pursuant to an appropriate transfer mechanism.

Your Rights in Relation to Your Personal Data

In certain circumstances, you have the following data protection rights:

• The Right to Access – You have the right to request copies of your personal information;

• The Right to Rectification – You have the right to request that we correct any information you believe is inaccurate. You also have the right to request that we complete information you believe is incomplete;

• The Right to Erasure – You have the right to request us to delete personal information under certain circumstances;

• The Right to Data Portability – You have the right to request that we transfer your personal information that we have collected to another organization, or directly to you, under certain conditions;

• The Right to Object to Processing – You have the right to object and/or restrict the processing of your personal information on certain grounds;

• The Right to Object to Marketing – You have the right to object to the processing of your personal information for direct marketing; and

• The Right to Object to Automated Processing – You have the right to object to any decision about you based solely on automated processing (including any profiling) that produces legal effects or otherwise significantly affects you.

Children’s Privacy

Our Service is not directed to individuals under the age of 18. We do not knowingly collect or use any personal data from users under 18 years of age. No information should be submitted to our website by visitors under 18 years of age. You must be 18 years or older to purchase our Service. If we learn that we have collected personal data from someone under 18, we will take steps to delete the information as soon as possible.

“Do Not Track” Signal

The “Do Not Track” Signal is a feature that enables you to send a signal to websites, analytics companies, ad networks, plug in providers, and other web services you encounter to stop tracking your activities. We do not currently respond to a “Do Not Track” request.

Changes to this Privacy Notice

It is our policy to post any changes we make to this Privacy Notice on this website or within our mobile application. The date that this Privacy Notice was last revised is identified at the top of the page. Please periodically visit our website or mobile application and this Privacy Notice to check for any changes.

Marketing

We may use your data to provide you with information about our services, products and special offers. We may also permit certain third-party companies to help us deliver customized advertising that we feel would be of interest to you based on your use of the Service. To unsubscribe from marketing emails, simply follow the opt-out or unsubscribe link in the email.

Authorized Agent

If you choose to exercise your Rights to Access or Erasure through the use of an authorized agent, we require that you verify the agent’s identity, and provide written permission granting the agent authority to submit a request on your behalf.

Contact Us – Exercise Your Rights

You can make a request to us in relation to these rights at any time by:

(1)   Writing to us at the following address: KAR Global, Privacy Office, 11299 N. Illinois Street, Carmel, IN 46032.

(2)   Submitting an Exercise Privacy Rights Request;

(3)   Sending an email to Privacyor

(4)   Calling our toll-free number: 833-238-5089

Your privacy matters to us. Exercising your privacy rights will not result in any differential or discriminatory treatment from any member of our team. Any information to which you are entitled will be provided within a reasonable timeframe, subject to the exemptions stipulated in applicable data protection laws. If you believe the information we are holding about you is incorrect or incomplete, please contact us as soon as possible, via one of the methods listed above. We will promptly correct any information found to be incorrect.