Last Updated: June 5th, 2023
Table of contents
- Last Updated: June 5th, 2023
- Owner & Data Controller
- Types of Data Collected
- Mode and place of processing the data
- Methods of processing
- Legal basis of processing
- Retention time
- The purposes of processing
- Detailed information on the processing of personal data
- Google Analytics 4 (Google LLC)
- Tag Management
- Google Tag Manager (Google LLC)
- Traffic optimization and distribution
- Cloudflare (Cloudflare Inc.)
- Microsoft Clarity
- The rights of users
- Details about the right to object to processing
- How to exercise these rights
- Additional information about data collection and processing
- Legal action
- Additional information about personal data
- System logs and maintenance
- Information not contained in this policy
- How “Do Not Track” requests are handled
- Definitions and legal references
- Personal data
- Usage data
- Data subject
- Data processor (or data supervisor)
- Data controller (or owner)
- This website
- European Union (or EU)
- Legal information
- Auction Terms & Conditions
This website collects some personal data from its users.
Owner & Data Controller
grahamauctions.com – Calgary, Alberta
Contact: firstname.lastname@example.org or 403-777-9393
Types of Data Collected
Personal data may be freely provided by the user, or, in case of usage data, collected automatically when using this website.
Mode and place of processing the data
Methods of processing
The owner takes appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the data.
The data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to the Owner, in some cases, the data may be accessible to certain types of persons in charge, involved with the operation of grahamauctions.com (administration, sales, marketing, legal, system administration) or external parties (such as third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as data processors by the owner. The updated list of these parties may be requested from the owner at any time.
Legal basis of processing
The owner may process personal data relating to users if one of the following applies:
- Users have given their consent for one or more specific purposes. Note: Under some legislations the Owner may be allowed to process personal data until the user objects to such processing (“opt-out”), without having to rely on consent or any other of the following legal bases. This, however, does not apply, whenever the processing of personal data is subject to European data protection law;
- Provision of data is necessary for the performance of an agreement with the user and/or for any precontractual obligations thereof.
- Processing is necessary for compliance with a legal obligation to which the owner is subject;
- Processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in the owner.
- Processing is necessary for the purposes of the legitimate interests pursued by the owner or by a third party.
In any case, the owner will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.
The data is processed at the owner’s operating offices and in any other places where the parties involved in the processing are located.Depending on the user’s location, data transfers may involve transferring the user’s data to a country other than their own. To find out more about the place of processing of such transferred data, users can check the section containing details about the processing of Personal Data.Users are also entitled to learn about the legal basis of data transfers to a country outside the European Union or to any international organization governed by public international law or set up by two or more countries, such as the UN, and about the security measures taken by the owner to safeguard their data.If any such transfer takes place, users can find out more by checking the relevant sections of this document or inquire with the Owner using the information provided in the contact section.
Personal data shall be processed and stored for as long as required by the purpose they have been collected for.
- Personal data collected for purposes related to the performance of a contract between the owner and the User shall be retained until such contract has been fully performed.
- Personal data collected for the purposes of the owner’s legitimate interests shall be retained as long as needed to fulfill such purposes. Users may find specific information regarding the legitimate interests pursued by the owner within the relevant sections of this document or by contacting the owner.
The owner may be allowed to retain personal data for a longer period whenever the user has given consent to such processing, as long as such consent is not withdrawn. Furthermore, the owner may be obliged to retain personal data for a longer period whenever required to do so for the performance of a legal obligation or upon order of an authority.Once the retention period expires, personal data shall be deleted. Therefore, the right of access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after expiration of the retention period.
The purposes of processing
The data concerning the user is collected to allow the owner to provide its service, comply with its legal obligations, respond to enforcement requests, protect its rights and interests (or those of its users or third parties), detect any malicious or fraudulent activity, as well as the following: Tag Management, Analytics and Traffic optimization and distribution.
For specific information about the personal data used for each purpose, the user may refer to the section “Detailed information on the processing of Personal Data”.
Detailed information on the processing of personal data
Personal data is collected for the following purposes and using the following services:
The services contained in this section enable the owner to monitor and analyze web traffic and can be used to keep track of User behavior.
Google Analytics 4 (Google LLC)
Google Analytics 4 is a web analysis service provided by Google LLC (“Google”). Google utilizes the Data collected to track and examine the use of grahamauctions.com, to prepare reports on its activities and share them with other Google services. Google may use the Data collected to contextualize and personalize the ads of its own advertising network.
This type of service helps the Owner to manage the tags or scripts needed on this website in a centralized fashion.
This results in the Users’ Data flowing through these services, potentially resulting in the retention of this Data.
Google Tag Manager (Google LLC)
Google Tag Manager is a tag management service provided by Google LLC.
Personal Data processed: Trackers.
Traffic optimization and distribution
This type of service allows grahamauctions.com to distribute their content using servers located across different countries and to optimize their performance.
Which Personal Data are processed depends on the characteristics and the way these services are implemented. Their function is to filter communications between grahamauctions.com and the User’s browser. Considering the widespread distribution of this system, it is difficult to determine the locations to which the contents that may contain Personal Information of the User are transferred.
Cloudflare (Cloudflare Inc.)
Cloudflare is a traffic optimization and distribution service provided by Cloudflare Inc.
The way Cloudflare is integrated means that it filters all the traffic through grahamauctions.com, i.e.,
We partner with Microsoft Clarity and Microsoft Advertising to capture how you use and interact with our website through behavioral metrics, heatmaps, and session replay to improve and market our products/services. Website usage data is captured using first and third-party cookies and other tracking technologies to determine the popularity of products/services and online activity. Additionally, we use this information for site optimization, fraud/security purposes, and advertising. For more information about how Microsoft collects and uses your data, visit the Microsoft Privacy Statement
The rights of users
Users may exercise certain rights regarding their data processed by the owner. In particular, users have the right to do the following:
- Withdraw their consent at any time: Users have the right to withdraw consent where they have previously given their consent to the processing of their Personal Data.
- Object to processing of their data: Users have the right to object to the processing of their Data if the processing is carried out on a legal basis other than consent. Further details are provided in the dedicated section below.
- Access their data: Users have the right to learn if Data is being processed by the Owner, obtain disclosure regarding certain aspects of the processing and obtain a copy of the Data undergoing processing.
- Verify and seek rectification: Users have the right to verify the accuracy of their Data and ask for it to be updated or corrected.
- Restrict the processing of their data. Users have the right, under certain circumstances, to restrict the processing of their Data. In this case, the Owner will not process their Data for any purpose other than storing it.
- Have their personal data deleted or otherwise removed: Users have the right, under certain circumstances, to obtain the erasure of their Data from the Owner.
- Receive their data and have it transferred to another controller: Users have the right to receive their Data in a structured, commonly used and machine readable format and, if technically feasible, to have it transmitted to another controller without any hindrance. This provision is applicable provided that the Data is processed by automated means and that the processing is based on the User’s consent, on a contract which the User is part of or on pre-contractual obligations thereof.
- Lodge a complaint: Users have the right to bring a claim before their competent data protection authority.
Details about the right to object to processing
Where personal data is processed for a public interest, in the exercise of an official authority vested in the owner or for the purposes of the legitimate interests pursued by the Owner, Users may object to such processing by providing a ground related to their particular situation to justify the objection.Users must know that, however, should their personal data be processed for direct marketing purposes, they can object to that processing at any time without providing any justification. To learn, whether the owner is processing personal data for direct marketing purposes, users may refer to the relevant sections of this document.
How to exercise these rights
Any requests to exercise user rights can be directed to the owner through the contact details provided in this document. These requests can be exercised free of charge and will be addressed by the owner as early as possible and always within one month.
Additional information about data collection and processing
The user’s personal data may be used for legal purposes by the owner in court or in the stages leading to possible legal action arising from improper use of this website or the related services.
The user declares to be aware that the owner may be required to reveal personal data upon request of public authorities.
Additional information about personal data
System logs and maintenance
For operation and maintenance purposes, grahamauctions.com and any third-party services may collect files that record interaction with grahamauctions.com (System logs) use other Personal Data (such as the IP Address) for this purpose.
Information not contained in this policy
More details concerning the collection or processing of Personal Data may be requested from the Owner at any time. Please see the contact information at the beginning of this document.
How “Do Not Track” requests are handled
This website has support for “Do Not Track” requests. To determine whether any of the third-party services it uses honour the “Do Not Track” requests, please refer to the cookie widget.
Should the changes affect processing activities performed on the basis of the User’s consent, the Owner shall collect new consent from the User, where required.
Definitions and legal references
Any information that directly, indirectly, or in connection with other information — including a personal identification number — allows for the identification or identifiability of a natural person.
Information collected automatically through grahamauctions.com (or third-party services), which can include: the IP addresses or domain names of the computers utilized by the Users who use this website, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server’s answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the User, the various time details per visit (Eg. the time spent on each page within the website) and the details about the path followed within the website with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the user’s IT environment.
The individual using this website who, unless otherwise specified, coincides with the data subject.
The natural person to whom the personal data refers.
Data processor (or data supervisor)
Data controller (or owner)
The natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data, including the security measures concerning the operation and use of this website. The data controller, unless otherwise specified, is the owner of this website.
The means by which the personal data of the user is collected and processed.
The services provided by this website as described in the relative terms (if available) and on this website.
European Union (or EU)
Unless otherwise specified, all references made within this document to the European Union include all current member states to the European Union and the European Economic Area.
Cookies are trackers consisting of small sets of data stored in the user’s browser.
Tracker indicates any technology – Eg. Cookies, unique identifiers, web beacons, embedded scripts, e-tags and fingerprinting – that enables the tracking of users, for example by accessing or storing information on the user’s device.
Auction Terms & Conditions
All internet bids will be processed on the bidders’ credit card if the items have not been paid within two business days from sale day. Any purchased items not picked up within seven business days of the auction will be considered abandoned and resold for storage.
- Graham Auctions (Auctioneers) hereby grants to the party whose signature appears on the Bidder’s Registration Agreement (Bidder), the right to use the number shown for the purpose of bidding at an auction sale to be conducted by Auctioneers. Such right is granted at the Auctioneer’s sole discretion and may be revoked at any time.
- Bidder acknowledges he has received, read and understands these terms printed on the inside back cover of the Listing Catalogue or presented in our other notices and agrees to comply with and be bound by such.
- The auction will be conducted by offering in the terms by Lot (Lot), either individually or in groups. The bidder offering the highest bid accepted by the Auctioneers shall be the Purchaser (Purchaser) of the offered Lot. Purchaser accepts a lot when he makes a bid. All sales are final.
- Bidder, whether acting as principal, agent, officer or director of a company or otherwise, in any capacity whatsoever, and the company he represents, both jointly and severally agree:
(a) To indemnify and save harmless Auctioneers and its consignors from any and all actions, causes of action, suits, damages, costs and losses of any nature, arising from the attendance or participation of bidder, his agents or employees, at the auction sale and/or on the auction site whether before, during or after the auction sale.
(b) To be responsible for the payment of the purchase price and taxes due on all bidder’s purchases.
- Some items in this auction may be subject to a reserve.
- The bidder grants to the Auctioneers a security interest in the Purchases, to secure payment of the purchase price. In the event of non-payment, the Auctioneers may proceed to file the Bidder Registration Agreement as a financing statement to perfect the security interest granted by this Security Agreement.
- There shall be no guarantees or warranties, expressed or implied, statutory or otherwise of any nature whatsoever in respect of the Lots offered at the auction. Each and every lot will be sold “as is where is.” Specifically, but without limitation, Auctioneers make no representation or warranty that any of the Lots:
(a) Conform to any standard in respect of safety, pollution or hazardous material or any standard or requirement of any applicable authority, law or regulation.
(b) Are fit for any particular purpose.
(c) Are merchantable or financeable.
(d) Are of any particular age, year of manufacture, model, make or condition.
(e) Bidder agrees he has satisfied himself and is not relying on Auctioneers, nor are Auctioneers liable for any matter in respect of the above. Bidder further agrees to repair at his cost, any lot purchased at the auction to a safe operating condition and, without limitation, to a condition that meets any standard or requirement of any applicable authority, law or regulation including those concerning any use to which the lot may be put.
- Bidder acknowledges that an auction site is a potentially dangerous place. Flammable, noxious, corrosive, and pressurized substances are present, and heavy equipment is being operated an electric may be live. Every person at the auction site at any time shall be there at his own risk with notice of the condition of the premises and the activities thereon, and bidder shall so advise his agents and employees. No person shall have any claim against Auctioneers, their agents and employees, or Principals for any injuries sustained, nor for damages to or loss of property which may occur from any cause whatsoever.
- Auctioneers may, at any time, at their sole discretion and without notice or liability to bidder:
(a) Withdraw or cancel the sale of any Lot.
(b) Offer any Lots in groups or with privilege.
- Auctioneers shall settle any dispute arising as to any bidding at their sole discretion, and Auctioneers may put the lot in dispute up for sale again. Auctioneers reserve the right to refuse any bid, which they consider to be an insignificant advance over the preceding bid.
- Purchases become the responsibility of and shall be at the risk of the Purchaser upon acceptance of his bid. It shall be the responsibility of the Purchaser to insure his purchases immediately. Auctioneers shall not be responsible for loss or damage to any Purchase.
- All payments must be made to Auctioneers by cash, certified cheque or regular cheque accompanied by a bank guarantee acceptable to Auctioneers. Lots under $10,000 must be paid in full on the day of the auction. Lots over $10,000 Purchaser price must be paid in full within two business days of the auction.
- Purchaser shall not be entitled to possession of any of his Purchases until the total purchase price of all his purchases, including all applicable goods, sales or use taxes, has been fully paid. In the event, the Purchaser fails to comply with any Terms, Auctioneers at their sole discretion have the right to resell such Purchases by public or private sale without notice to the Purchaser. Should Auctioneers resell any Purchase, the net proceeds from there (after deducting commissions of 14% and any costs) shall be credited to the original Purchasers account, and the original Purchaser shall forthwith upon demand pay Auctioneers, as damages, any deficiency arising from the resale.
- All purchases must be removed from the auction site within the time announced or posted at the auction site, an all costs, responsibility and risk of such removal shall be borne by purchaser. Purchaser shall use prudence in effecting such removal. Auctioneers reserve the right to require proof of adequate insurance coverage from any Purchaser for Purchases requiring dismantling, rigging or hot cutting. Purchaser agrees to indemnify and save harmless both Consignor and Auctioneers against any damage caused by the act of Purchaser and/or his agents in connection with the dismantling or removal of any Purchase. If, for any reason, the Purchaser fails to remove and store the said Purchase at Purchasers’ sole risk and expense. Purchaser shall be liable for any rent incurred or damages suffered by Auctioneers because of Purchasers’ failure to remove any Purchase.
- The Listing Catalogue has been prepared as a guide only, based on information from sources believed to be reliable and from the Consignor; however, its accuracy cannot be guaranteed or warranted. No sale shall be invalidated, nor shall Auctioneers be liable as a result of defects or inaccuracies in the Listing Catalogue. Bidder acknowledges that all Lots were available for inspection prior to the auction and that it is his responsibility to inspect all equipment and to make his own inquiries prior to bidding.
- If, for any reason, Auctioneers are unable to make available or deliver any purchase or clear title to the same, or documentation required in respect of any Purchase, whether before or after delivery, Auctioneers sole liability, if any shall be the return of monies paid in respect of such purchase upon its return by Purchaser. Any such Purchase shall be returned or surrendered upon demand by Auctioneers.
- Interest on overdue amounts will be paid by the Purchaser at a rate of 18% per annum or at such other maximum rate as allowed by law, together with any legal or collection costs incurred by Auctioneers.
- Upon Purchases arranging for and assuming all risk and costs associated therewith to Auctioneers satisfaction, Auctioneers will ship Purchases to, and give physical possession at a destination specified by the Purchaser.
- These are the complete Terms and may not be amended except by agreement in writing signed by the Auctioneers and the respective Purchaser.
- All bidders are subject to pay a Buyer’s Premium as follows:
(a) 10% for our regular Miscellaneous Auctions
(b) 10% on the first $5000 and 2.5% on balance to a maximum of $1000, per item, for our Heavy Equipment and Industrial Sales.
(c) Vehicles Buyer’s Fee Schedule per vehicle:
(i) Purchase Price between $0-999 is a $60 fee.
(ii) Purchase Price between $1000-1999 is a $100 fee.
(iii) Purchase Price between $2000-2999 is a $140 fee.
(iv) Purchase Price between $3000-3999 is a $180 fee.
(v) Purchase Price between $4000-4999 is a $220 fee.
(vi) Purchase Price between $5000 and over is a $260 fee.
(d) All internet bidders will be subject to an additional 2% fee in addition to the above-described Buyers Premiums.
If you have any questions regarding our Terms & Conditions, please do not hesitate to contact us.