GunBroker.com Privacy Policy
Effective February 6, 2025 (see previous version and summary of changes)
I. General Information and Definitions
This GunBroker.com Privacy Policy (this “Privacy Policy”) describes the practices of Outdoors Online, LLC dba GunBroker.com (“GunBroker.com” or “we/us”) with respect to the collection, use and sharing of your personally identifiable information on the www.GunBroker.com website (together with any other websites on which this Privacy Policy is posted, including www.gungenius.com, collectively, the “Site”). Capitalized terms used in this Privacy Policy not otherwise defined in this Privacy Policy shall have the meanings given in the GunBroker.com User Agreement (the “User Agreement”), into which this Privacy Policy is incorporated. As used in this Privacy Policy, the following terms have the following meanings:
“Aggregated Data” means aggregated data derived from User Information and transaction information from the Site, which data cannot reasonably be used to identify any User of the Site or other individual.
“Affiliated Parties” or “Affiliate” means, with respect to an entity, another entity or individual that now or later owns, is owned by or is under common ownership or control with, directly or indirectly, the first entity. For the purposes of the foregoing, “own,” “owned,” or “ownership” means ownership, either directly or indirectly, of fifty percent (50%) or more of the shares or other equity interests entitled to vote for the election or directors or an equivalent body, or the ability to direct the same by contract or agency or similar arrangement. “Applicable Law” shall have the meaning given in the User Agreement, but for residents of the State of California, shall also include the CCPA. For residents of Colorado, the Colorado Privacy Act; Connecticut, the Connecticut Data Privacy Act; Montana, the Montana Consumer Privacy Act; Oregon, the Oregon Consumer Privacy Act; Texas, the Texas Data Privacy and Security Act; Utah, the Utah Consumer Privacy Act; and Virginia, the Virginia Consumer Data Protection Act. For current updates on the law and other applicable states, you are advised to research your current state law or seek legal counsel. You may find helpful the summary of current state laws at State_Comp_Privacy_Law_Chart.pdf (iapp.org).
“CCPA” means the California Consumer Privacy Act of 2018 and related regulations, as may be amended.
“Device” means the computer, mobile phone, tablet, or other device used by you to visit the Site.
“Identity Verification Information” is defined in Section II(B) below.
“Email preferences” refers to the topics of interest you have checked in your responses to the Email Preferences Page.
“Financial Information” is the financial information we collect before a User is permitted to post listings of Items on the Site, or when a User makes a purchase, including bank account and/or credit card number, expiration date, card security code and billing address.
“Personal information” means information that may be used to identify a specific individual, or that is about an identifiable individual, including but not limited to name, email address, phone number or credit card number.
“Registration Information” means valid and accurate Personal Information including name, street address, mobile phone number (collectively, “Contact Information), as well as birth date and email address (all, collectively, “Registration Information”).
“Site Activity Information” includes information generated by your use of the Site, including pages you visit; records of entry and exit pages; single access pages; bouncing rate; top pages visited; browser and operating system; referring websites and search engines and search phrases; mobile device used to access the site; popular paths through the Site; and technical reports related to Site activity, such as website errors.
“Transaction Information” includes your contact information for buyer and seller; purchase and sales information; specific products involved in attempted or complete transactions; payment details; information on whether a transaction is completed or not; communications between the parties through the Site.
“User Information” can include any and all information previously described as Registration Information, Transaction Information, Financial Information (if User is a Seller), and Site Activity Information (including Interest Categories) for a User. Some, but not all, User Information is Personal Information.
II. Information We Collect on the Site and How We Use It
You can visit the Site and learn about the services we provide without providing Personal Information. You will need to provide Personal Information, however, to sell, bid on or purchase Items, and to participate in our User forums, if any, and other interactive portions of the Site. IP addresses, from which we can infer your general location, are collected automatically from every Site visitor, even if not voluntarily provided, as discussed further below.
We collect and use Personal Information in the specific ways listed below, to improve our Site and services to you, as well as to meet our legal obligations. We also use Personal Information you provide for other appropriate purposes in ways consistent with the reason you provide such information to us.
A. User Information
Generally, GunBroker.com uses your User Information in the following ways:
- To send you transaction-related notifications about transactions you carry out on the Site.
- To facilitate Buyers’ activity; if and when you bid on, make offers on, or purchase an Item, the Site shares your name, address, telephone number, email address, and bid information with the Seller.
- To facilitate Sellers’ activity; if and when you list an Item for sale, the Site shares your contact information, including name, address, email address, telephone number, and Item detail with bidders.
- To perform our billing, administration, and collections functions (and to contact you when necessary about these functions).
- To report information about the status of your account, including late payments, missed payments, or other delinquencies or defaults on your accounts, to credit reporting bureaus.
- To better understand your interests and for other marketing-related initiatives.
- To communicate with you regarding your transactions on the Site and to send promotional messages (some of which may be related to your transactions on the Site or Interest Categories), as described in IV below.
- To carry out actions requested by you (such as subscriptions to newsletters).
- To resolve disputes involving you.
- To share information with law enforcement or other governmental agencies or authorized third parties when required by Applicable Law pursuant to subpoenas or legally issued mandatory processes.
- To customize your experience with our company and our Site (for example, adapting the Site to your browser) and to help us develop new products and services.
- For other required or permissible purposes under Applicable Law.
Below we describe the various components of User Information and specific uses for each type of User Information.
B. Registration Information and Identity Verification Information
- The Site’s registration process requires Users to provide us with valid and accurate contact Personal Information including name, street address, mobile phone number, birth date, and email address (collectively referred to as “Registration Information”). We use this information for fraud prevention at the time of registration.
- We verify your name and address provided at the time of registration and may use third-party identity verification service providers to assist us in identity verification and fraud prevention. We refer to this data as “Identity Verification Information.”
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Means of Verification: GunBroker.com uses several different methods of identity verification:
- a. Credit Header Verification. One type of identity verification service is called “credit header” information. You may be required to answer a multiple-choice questionnaire compiled from information managed by consumer and business information sources. These questions can include elements of your financial history. We do not collect or store any of the compiled Personal Information from the “credit header” process. We receive from the service provider only an indication of how many questions you answered successfully.
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b. Pre-Fill Identity Verification Option. Another type of identity verification service uses your mobile phone “Subscriber Data” (as defined under Applicable Law) from your mobile carrier (AT&T, Sprint, T-Mobile, US Cellular, Verizon, or any other branded wireless carrier) to verify your identity. Your mobile phone Subscriber Data may include, without limitation, name, date of birth, postal address, billing zip code, telephone numbers, electronic mail addresses, last four digits of your Social Security Number, credit card numbers, Customer Proprietary Network Information (CPNI), location information, handset and mobile device identifiers (IMSI and IMEI), and other status details, if available, account information, and credit information.
- Identity verification using your mobile phone Subscriber Data includes a Pre-Fill Form Option for us to use to expedite verifying your identity. The Pre-Fill Form includes information verified by our mobile phone identity verification service provider. The Pre-Fill Form Option requires you to answer a question by submitting your mobile phone billing zip code. It also requires you to provide your express opt-in consent by clicking on the “OK” button on the consent page.
- By registering, you authorize your wireless carrier to use or disclose information about your account and your wireless device, if available, to us or our service providers for the duration of your business relationship, solely to help identify you or your wireless device and to prevent fraud.
- c. Manual Identity Verification Option. Where you do not agree to the “Pre-Fill Form Option” above or where your identity cannot be verified using that option, GunBroker.com may carry out a manual process to verify your identity before allowing you to become a Seller or Buyer on the Site. This requires you to submit written evidence of your name and address, including such documents as may be requested by GunBroker.com, such as a copy of your driver’s license, utility bill, or similar documentation as may be requested by GunBroker.com in its discretion.
C. Other Information We Obtain
- Transaction Information. We collect information submitted or generated during transactions on the Site based on your activities, including all sales and purchases of Items, as well as shipping information where shipment is facilitated on the Site, and other information you provide in connection with buying or shipping an Item (collectively, “Transaction Information”).
- We may collect certain Personal Information that you provide to us in chatbots, correspondence, or dispute resolution, which is also considered Transaction Information.
- Financial Information. Before a User is permitted to Post Listings of Items on the Site, we collect financial information including bank account and/or credit card number, expiration date, card security code, and billing address (collectively, “Financial Information”). A nominal charge of $2.00 is charged to the User’s credit card before the User is permitted to Post Listings of Items, which charge is both to verify the validity of the credit card and to cover identity verification costs incurred by us. Financial Information is used to bill you for transactions you conduct on the Site and to collect on Fees incurred using the Site.
- Site Activity Information. GunBroker.com strives to understand the interests of its Users and why they visit the Site and therefore collects the information described in this Section I(1)(d) (“Site Activity Information”). GunBroker collects Interest Categories through surveys of Users on the Site or through updates by Users to their preferences at the Preferences page in My GunBroker. Your indicated Interest Categories are reflected in your User Information. In addition, when you are logged into the Site, your IP address and other information provided by the computer or device you are using (described in Sections II(6) and II(7) below) may be associated with your User Information in our systems.
- Information You Provide in Contests and Surveys. If you decide to enter contests or surveys featured from time to time on the Site, you may be asked for additional Personal Information. This information is used to administer the contest or survey (for example, to contact the winner) or as otherwise disclosed on the Site at the time we collect the information.
- Information That We Request. We may ask you to provide Personal Information to allow us to respond to your requests for information or other requests made on the Site. Providing information in any medium (email, SMS, chat, social media, phone, among others) constitutes your agreement that we may record, retain, archive, and use that information subject to this policy, only for the purposes set out in this policy.
- Information from Your Contacts with Us Through Social Media. We may collect your Username and other information you transmit to us over social media platforms such as Facebook® or Twitter® when you interact with GunBroker.com’s specific page or social media account. We use the information you provide on social media to respond to your requests or questions, to improve our services, and for other purposes as disclosed at the time of the interaction.
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Emails from GunBroker.com.
- Most email messages generated by the Site result directly from the User’s actions (such as registration information, confirmation of placing a bid or an offer on an Item, confirmation of Listing an Item as a Seller, or the User’s choice to subscribe to certain communications), or as necessary to inform you of changes to the Site or events related to the Site, or changes to the Site rules or policies. Other e-mail messages may result from marketing initiatives on the Site; however, Users may opt out of receiving marketing messages; see Section IV below.
- Emails from us may contain web beacons or clear gifs. These are small graphic images that can be used for recording when an email has been opened to track the performance of email marketing campaigns. We, our Affiliated Parties, and our service providers currently log responses from web beacons and/or clear gifs.
- Other Information We Collect. We automatically collect your IP address when you visit our Site. We use your IP address to help diagnose problems with our server and to administer our Site. Your IP address is used to gather broad location information and to track usage patterns on the Site. We also may collect general geo-location information, device identification number and type, computer and connection information, statistics about page views, and standard web log information. We do not correlate this information with data about individual Users.
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Cookies.
- a. What are cookies and why do we use them?
A cookie is a small text file containing alphanumeric characters that is downloaded and stored on your computer when you visit websites and uniquely identifies your browser. You do not need to provide us with any Personal Information if you simply want to browse through our Site. However, we use first party cookies, like many other websites, to record information that your web browser routinely shares, such as your browser type, browser language, software and hardware attributes, the date and time of your visit, the website from which you came, the geographical location of the Internet Protocol address, and the pages on this site that you visit. This will generally be data that we collect to compile Aggregated Data. We do not normally associate this data with the Personal Information that you provide to us, but we may do so to investigate apparent fraud or a threat to the Site, our business, or our Users. We use third-party cookies to collect information about how Users use our Site. More information about these cookies follows.
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b. Types of Cookies Employed on Our Site
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First Party Cookies and Third-Party Cookies
First party cookies refer to cookies that are set by our Site. We are the only ones with access to this information.
Third party cookies or requests allow other third parties to have access to the information collected. These cookies are usually used for analytics and advertising. We use third-party cookies to collect information about how Users use our Site.
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Strictly Necessary Cookies
Strictly necessary cookies make a website usable by enabling basic functions like page navigation and access to secure areas of the website. The website cannot function properly without these cookies. We use Google Tag Manager on our Site to manage tags on our Site. It is not really a cookie, but it is essential to the functioning of the Site and cannot be opted out of. We use other cookies controlled by us to identify trusted web traffic and preserve your session across page requests.
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Performance Cookies
Performance cookies help website owners to understand how visitors interact with their website by collecting and reporting information anonymously. We use Google Analytics and Quantcast for this purpose. We also use these cookies to provide us additional information about the Users to our Sites, such as their interests, hobbies, and preferences, based upon information gathered by Google through the use of cookies and browser information. However, all information we gather via Google Analytics will be gathered on an anonymous, aggregate basis and will not associate this data with your Personal Information. We use this information to gain a better understanding of the visitors to our Site and to improve our Site and product offerings.
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Targeting (Advertising) Cookies
Targeting (advertising) cookies are used to track visitors across websites, including the websites of third parties, for the purpose of displaying ads from companies other than the website owners — this is online behavioral advertising, or “OBA.” We allow service providers to track you when you visit our Website for the purpose of understanding your interests so that they can show you ads for other companies on other websites.
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Retargeting and Remarketing
We may, using the techniques described above and in conjunction with third-party marketing services, gather information from your visit to our Site for purposes of providing relevant advertising content about our products and services to you in the future. This means that through third-party marketing services or third-party websites such as Google, we may display advertisements to you about our products and services, based on usage data collected during your visit to our Websites.
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c. Your Choices Regarding Cookies
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We employ a service provider, TrustArc, to provide you with choices over the types of cookies placed on your browser on your Device, as described below. However, if you use certain browser add-on ad blockers, you may not be presented with the TrustArc cookie banner with your choices. In this case, you may either disable the ad blocker add-on or follow the instructions below to block cookies through your browser settings. Please note that you will need to take the actions outlined below for each Device and browser used by you in accessing the Site.
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TrustArc Cookie Banner. The cookie banner on the Site allows you either to “Accept All Cookies” or “Customize Your Choices.” You are not permitted to opt out of GunBroker.com’s strictly necessary cookies, but you can change the settings to block analytics and/or tracking/advertising cookies.
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Browser Opt-Out. If you do not see the TrustArc cookie banner, you may need to disable ad-blocker browser add-ons you are using on your Device. You may alternatively manage your cookie settings from your browser. For example, you can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is set. If you disable all cookies, however, it may interfere with the functionality of our Site, and you may not be able to use all of the Site’s features.
Details on how you can control and delete these cookies through your browser settings can be found through your browser’s specific settings or options page. You can also use cookie management and disposal tools at your own prerogative such as downloading and installing certain browser plug-ins.
You can opt-out of Google Analytics by downloading and installing the browser plug-in from the following link: http://tools.google.com/dlpage/gaoptout.
To opt out of seeing personalized ads via the Google platform, please visit: https://support.google.com/ads/answer/2662922?hl=en.
For more information regarding how Google uses cookies in advertising and how you can control advertising cookies, please visit: http://www.google.com/policies/technologies/ads/.
To personalize the ads you see via the Google platform, visit http://www.google.com/settings/ads.
For more information on how Google uses data when you visit its partners’ websites or apps, visit http://www.google.com/policies/privacy/partners/.
Additional Information: To learn more about the use of cookies generally or other technologies to deliver more relevant advertising, and to know your choices about not having this information used by certain service providers, please visit http://www.aboutads.info/choices.
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Global Privacy Control (GPC).
GPC is a browser setting that allows users to automatically send opt-out signals to sites or apps indicating that they do not want their browsing history sold or shared for OBA. We honor this browser setting when it is on browsers connected to IP addresses in states with applicable laws.
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11. Mobile Devices
In addition to the information described above, we and our third-party service providers may collect additional information when you utilize any of our mobile applications, including the type of mobile device you use, the temporary or persistent unique device identifiers (sometimes called UDID), the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use our mobile applications.
If you utilize any of the location-based services on our Site, such as the functionality that allows you to search for a participating FFL in your area, we and our third-party service providers may collect, use, and share location data, including the real-time geographic location of your device. We use such information to provide and improve location-based products and services. You may opt out from further allowing us to have access to your location data by adjusting the permissions in your mobile device.
III. How We Share Your Information
A. Sharing with Affiliated Parties
We may share your Personal Information submitted at the Site among other members of our Affiliated Parties, who may use that information only to the extent consistent with the policies described in this Privacy Policy. For a list of Affiliated Parties who may have access to or use of your Personal Information, please contact us as described below under “Contact Us.”
B. Sharing with Service Providers
We hire contractors to provide certain services to you in your use of the Site, for administrative services, and for monitoring the Site, including trend and statistical analysis, marketing campaigns, information processing and storage, and development of new products and services. As part of their services to us, these contractors may have access to some or all of the data that we maintain, including User Information, but they are always required to maintain the confidentiality of information they receive from us and are restricted from using the information for any purposes other than those authorized by us.
C. Sharing with Third Parties
“Third Parties” are those parties who are not Affiliated Parties or Service Providers. Other than as described in the paragraph above or as specifically described elsewhere in this Privacy Policy, we will not share your Personal Information collected on the Site with third parties without your permission, except as necessary or appropriate to:
- carry out the transaction, activity, or request made by you on the Site or otherwise, including with Payment Platforms on the Site;
- comply with any Applicable Law;
- enforce or apply agreements with you;
- protect the rights, property, or safety of us, our Affiliated Parties or third parties or other Users, or as otherwise required or permitted by Applicable Law.
D. Sharing for Marketing Purposes
We do not share your Personal Information with any third parties for such third parties’ marketing purposes, unless you have opted into such sharing. The opt-in for sharing information about your use of our Site with third parties to facilitate advertising of their products or their customers’ products via cookies is in our cookie banner.
Any opt-in for sharing your email with third parties so that they can send you email advertising about their products or those of their customers is in your preferences page. If you have opted into such sharing, be aware that GunBroker.com is not responsible for the practices of any such third party with respect to your Personal Information after disclosure. Consult the privacy policies of any such third party to determine how to stop receiving messages from such third parties.
E. Third Party Websites and Advertisements
This Privacy Policy only addresses the information that we collect from you, but not about how third parties to whom you disclose your information in your use of the Site may use and disclose it. If you disclose your Personal Information to third parties such as bidders, Buyers, and Sellers on our Site, other rules may apply to how they use and disclose information provided to them. We do not police or influence the privacy practices of third parties.
F. Corporate Transactions
In the event of a corporate transaction such as a sale, merger, or reorganization or in the unlikely event of a bankruptcy or similar restructuring involving all or a portion of GunBroker.com or its parent and/or Affiliate company(ies) (including but not limited to a spinoff of an Affiliate and subsequent acquisition of that Affiliate by a new third party), or a sale or transfer of assets, we reserve the right to disclose or transfer your Personal Information to non-Affiliate third party acquiring company(ies) and other third parties. In the event of such a sale or transfer, we will use reasonable efforts to direct the transferee(s) to use Personal Information you have provided through this Site in a manner that is consistent with this Privacy Policy.
G. Sharing Aggregated Data with Third Parties
We may collect, share with, and sell Aggregated Data to third parties, such as statistical information regarding our Users and their transactions on the Site, with third parties.
IV. Communications to You from the Site and Your Choices
A. Email Messages from Us
The Site sends three types of email communications:
- transactional communications related to activities such as purchases on the Site,
- “Saved Search” notifications, and
- promotional email messages, which may include newsletters or other subscription-based communications, follow-on messages with respect to your activities on the Site, or promotional messages from us about our products and services, or those of our Affiliated Parties or advertisers.
Please see the descriptions below with respect to your choices for each.
B. Transactional Messages
Notifications related to activity on the Site are generated as a result of registering as a User of the Site, bidding on or purchasing Items, or listing Items for sale. These notifications can include bid confirmations, winning bidder notices, Item listing confirmations, Item sold notifications, monthly statements, billing messages, notice of amounts due to GunBroker.com, and other notifications related to activity on the Site. You cannot opt out of receiving transactional messages; however, if you do not bid on or post Listings of Items and your account balance is zero you will not receive any such notifications from the Site.
If you are a registered Buyer or Seller on the Site, we may send you certain notices, such as notices of a substantial change in the policies and/or operation of the Site, as well as fees that are due from your use of the site. These notices are sent infrequently and cannot be opted out of other than by closing your account with us.
C. Saved Search
Saved Search notifications are generated at your request to inform you when Items matching certain search criteria have been listed on the Site. There are removal instructions at the bottom of every such notification message. You can delete your saved searches to stop receiving the notifications by going to My GunBroker then clicking Saved Searches. Removal instructions appear on that page.
D. Promotional Messages
GunBroker.com sends two types of promotional email messages:
- promoting our own services; and
- on behalf of third parties who pay us to send you their promotions.
You are free to set your choices for either type of message in your account or use the opt-out link at the bottom of these messages at any time. Go to the Preferences page in My GunBroker.
Please note that if you provide your email address to one of our third-party advertisers, you will need to opt out of future marketing emails directly with that advertiser, and we are not responsible for the data privacy practices of any such third party with whom you have decided to interact directly. We recommend that you review the privacy policy of any such party before providing them with your Personal Information.
GunBroker.com does not sell your email addresses to third parties.
E. Text Messages / Mobile Communications / Other Communications
In the User Agreement you were offered an opportunity to consent or to refuse texts from us. Your affirmation of consent by voluntarily providing your telephone number(s) indicates your consent to receiving texts, calls, and other marketing communications from us. Your consent in the User Agreement to receive texts from us is completely voluntary. If you have decided to revoke your consent, you must opt out. You may change your choice at any time.
To opt-out of text messages, text STOP to any text message you receive or email opt-out-texts@gunbroker.com and specify that you want to opt out of text messages. You may also text HELP in response to a text message from us for help. You acknowledge and agree to accept a final text message confirming your opt-out. It is your sole responsibility to notify us if you no longer want to receive text messages. You waive any rights to bring claims for unauthorized or undesired calls or text messages by failing to opt out immediately or by failing to follow these instructions. Please allow up to thirty (30) days to process any opt-out request. Please note that if you opt out of text messages, we reserve the right to make non-automated calls to you.
F. Children’s Privacy
The Site is not intended for or directed to persons less than 18 years of age. We do not knowingly send messages to, or collect Personal Information from or about, children, and we do not knowingly market our services to children. If you are a person under 18 years of age, do not use the Site. If you are a person with children under 18 years of age, do not allow them to use the Site. If you have reason to believe that a person under 18 years of age has used the Site, please tell us by email to privacy@gunbroker.com.
V. Other Site-Related Items
A. For Persons Outside the United States
By consenting to this Privacy Policy, you confirm that your command and knowledge of English is sufficient to understand the terms and conditions set forth herein. You agree that by using the Site, your Personal Information will be transferred to GunBroker.com servers located in the United States in connection with the purposes stated in this Privacy Policy. You understand that the laws with respect to the protection of Personal Information in the United States may not be as stringent as those in your home jurisdiction.
B. Public Forums
The Site makes chat rooms, forums, message boards, and/or news groups available to its Users. Please remember that any information that is disclosed in these areas becomes public information, and you should exercise caution when deciding to disclose your Personal Information. We strongly recommend that you do not post your email address or other Personal Information in our forums because this information is publicly available for anyone to see, and unscrupulous third parties may use this information to form “spam” lists or may otherwise misuse this information. We are not responsible for the use or misuse of information posted by you in public forums by other Users of the Site.
C. Other Sites
The Site may contain links to the websites of third parties. We are not responsible for and have no liability for the privacy policies or practices of those websites. We recommend that you review the privacy policies of each website you visit.
D. Submissions
Suggestions, materials, or other intellectual property sent or transmitted to us via our Site are governed by the separate terms applicable to such materials identified at the time of submission (if any). All such Items shall be deemed to be non-confidential, and we shall have no obligation of any kind with respect to such Items and shall be free to use and distribute them to others without limitation, including, but not limited to, developing and marketing products incorporating them.
VI. Acceptance of Privacy Policy
By using our Site, you signify your acceptance of this Privacy Policy. If you do not agree with the terms of this Privacy Policy, please do not use our Site.
VII. Contact Us
If you choose to visit the Site, your visit and any dispute over privacy are subject to this Privacy Policy and our User Agreement, including limitations on damages to the extent permitted by Applicable Law, resolution of dispute procedures, and application of the law of the State of Georgia, as set forth in our User Agreement.
You may review, update, and modify your User Information by logging in and visiting My GunBroker / Account Info on the Site. You may also change your communications preferences by visiting My GunBroker / Account / User Preferences in order to unsubscribe from or opt in to certain email communications from the Site.
If you have any concern about the privacy practices of the Site, please contact us at the following address with a detailed description, and we will try to resolve it:
Privacy Issues
GunBroker.com
PO Box 2511
Kennesaw, GA 30156
or
or
You can contact us through our Support System at https://support.gunbroker.com/ and include “privacy issue” in the subject.
VIII. Security
A. The Site has reasonable security measures in place to protect the loss, misuse, and alteration of the Personal Information under our control. When you submit sensitive Personal Information via our Sites, such as Financial Information, that information is subject to secure sockets layer (SSL) encryption technology. However, no data transmission over the Internet can be guaranteed as 100% secure. As a result, while we strive to protect your Personal Information during transmission, we cannot ensure or warrant the security of any information you transmit to us or receive from us.
B. The most vulnerable area of security is your control of your information. We urge you to take steps to keep your Personal Information safe (including your account password and Financial Information), log out of your account after use, and close your web browser. If you do share your password or Personal Information with anyone, you are responsible for all actions taken using your User ID or account. If you lose control of your password, you may lose considerable control over your Personal Information and may be subject to legally binding actions taken on your behalf. Because of this, if you have reason to believe that your password or account is compromised in any way, you must immediately notify us and you must immediately change your password.
C. If you are a registered User, you can review your Personal Information by logging into our Site, and you should act to update it promptly upon changes in your Personal Information or to correct any errors in it. You might not be able to alter or delete a public posting once you make it. At your request, we will close your account and make your Personal Information not publicly viewable as soon as reasonably possible, in accordance with Applicable Law.
IX. Changes to Privacy Policy
We reserve the right to modify this Privacy Policy at any time, but if we amend this Privacy Policy, we will post such revised policy on our Site and notify as required by Applicable Law. If you do not agree to the changes we have made, please do not use the Site. Your use of the Site after the effective date of any such change constitutes your acceptance of the applicable change.
ADDENDUM
Supplemental Privacy Policy for Residents of California, Colorado, Connecticut, Montana, Oregon, Texas, Virginia, and Utah
Effective Date: January 1, 2020
Updated on: December 1, 2024
This Supplemental Privacy Policy supplements the information in our Privacy Policy above and applies solely to California, Colorado, Connecticut, Montana, Oregon, Texas, Virginia, and Utah residents. It applies to Personal Information we collect on or through the Site and through other means (such as information collected offline, in person in our stores, and over the telephone). It does not apply to information we collect from job applicants or retain about our employees.
California, Connecticut, Montana, Oregon, Texas, Virginia, and Utah Notice of Collection
The laws of these states require us to disclose information regarding the categories of Personal Information that we have collected about consumers that reside in those states, the categories of sources from which the information was collected, the business or commercial purposes (as those terms are defined by Applicable Law) for which the information was collected, and the categories of parties with whom we share Personal Information.
Purposes of Collection Generally
We or our service providers collect the categories of information specified below for the following business or commercial purposes:
- providing the Services made available on the Site (e.g., account servicing and maintenance, customer service, analytics, and communication about the Services);
- our or our service providers’ operational purposes;
- auditing consumer interactions on our Site;
- detecting, protecting against, and prosecuting security incidents and fraudulent or illegal activity;
- bug detection and error reporting;
- customizing content that we or our service providers display on our Site;
- improving our existing Services and developing new services (e.g., by conducting research to develop new products or features);
- other uses that advance our commercial or economic interests, such as communicating with you about relevant products and services available to you from third-party partners; or
- other uses about which we notify you.
Examples of these types of uses are identified below and discussed more generally above. We may also use the below categories of Personal Information for compliance with applicable laws and regulations, and we may combine the information we collect (“aggregate”) or remove pieces of information (“de-identify”) to limit or prevent identification of any particular User or device.
Categories of Personal Information, Sources, Purposes, and Third Parties we share it with
The table below describes the collection, use, and sharing of Personal Information collected by us or our service providers within the last twelve (12) months. The first column lists the categories of Personal Information we or our service providers have collected. The second column lists the categories of sources of that information. The third column lists how that information is used. The fourth column lists the categories of third parties we share it with.
Category of Personal Information Collected | Source | Purpose for Collection; Examples of Uses | Categories of Recipients |
Contact information, such as your real name, postal address, email address | You, if you choose to provide it to us. | Providing the Services, including registration and customer service. Facilitating transactions and payments. Marketing and advertising our products and those of third parties. Security, fraud prevention, and legal compliance. | Bidders, Buyers, and Sellers of the Items listed for sale on the Site. Affiliated Parties. Service providers. Other individuals or companies at your request. Third parties, such analytics providers and advertisers. Third parties relating to legal requests, if required by law or if we believe in good faith that it is reasonably necessary. Third parties for sales of transfers of our business or assets |
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)), such as name, shipping address, billing address, telephone number, bank account number, credit card number including expiration date and CCV code on back of card, date of birth, and last 4 digits of your SSN. Some Personal Information included in this category may overlap with other categories. | You, if you choose to provide it to us. The law requires that we obtain certain information from you before you can buy and sell on our Site. Service providers, at your request. | Providing the Services, including registration and customer service. Facilitating transactions and payments. Security, fraud prevention, and legal compliance. | Bidders, Buyers, and Sellers of the Items listed for sale on the Site. Affiliated parties. Service providers. Other individuals or companies at your request. Third parties for sales of transfers of our business or assets. |
Protected classifications characteristics under California or federal law, such as if your age is over 40. | Your age can be inferred from your birthday. | Security, fraud prevention, and legal compliance. (We need to confirm that you are 18 or older.) Providing the Services, including registration and customer service. | Third parties relating to legal requests, if required by law or if we believe in good faith that it is reasonably necessary. Third parties for sales of transfers of our business or assets. |
Commercial information, such as products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. | You, when you browse and use our Site to bid, buy, and sell listed Items Third parties (such as service providers who have a cookie on your browser) | Facilitating transactions and payments. Marketing and advertising our products and those of third parties. Analyzing and improving the Services. Security, fraud prevention, and legal compliance. | Affiliated parties. Service providers. Other individuals or companies at your request. Third parties, such as third-party advertisers and analytics providers. Third parties relating to legal requests, if required by law or if we believe in good faith that it is reasonably necessary. Third parties for sales of transfers of our business or assets. |
Financial data, such as credit card number, verification number, and expiration date. | You, if you choose to provide it to us. Third parties (such as service providers and third parties confirming payments made on your behalf). | Facilitating transactions and payments. Security, fraud prevention, and legal compliance | Affiliates. Service providers. Other individuals or companies at your request. Service providers, such as payment processors. Third parties relating to legal requests, if required by law. |
Device information and identifiers, such as IP address; browser type; operating system; platform type | You, through your device, by accessing our Site. We and our service providers collect this info automatically. | We need your IP address to serve pages of the Site to you. Optimizing your experience on the Site. | Service providers. Affiliated parties. |
Internet network and electronic activity device information, such as information about files you download, domain names, landing pages, browsing activity, content or ads viewed and clicked, dates and times of access, pages viewed, forms you complete or partially complete, search terms, uploads or downloads, the URL that referred you to our Site, the websites you visit after our Site; other web usage activity and data logged by our web servers, whether you open an email and your interaction with email content, access times, error logs, and other similar information. See Section II-C-9-c “Cookies” in our Privacy Policy for more information. | You, through your device, by using our Site. Analytics providers. Advertising service providers. Marketers. | Providing the Services, including registration and customer service. Marketing and advertising our products. Marketing and advertising third party products. | Service providers. Affiliated parties. Third party advertisers. Third parties relating to legal requests, if required by law or if we believe in good faith that it is reasonably necessary. Third parties for sales of transfers of our business or assets. |
Geolocation data, such as your postal address and your IP address. We infer your general location from your IP address. | You, if you choose to provide it to us. Your use of our Site. Third parties (such as service providers). | Providing the Services, including registration and customer service | Service providers. Affiliated parties. Third parties relating to legal requests, if required by law or if we believe in good faith that it is reasonably necessary. Third parties for sales of transfers of our business or assets. |
Research, survey, or sweepstakes information (including personal identifiers and User generated content) collected if you participate in a survey or sweepstakes; includes information needed for you to participate (such as contact information), and to fulfill your prize. | You, if you choose to provide it to us. Survey or sweepstakes partners. Researchers and analysts. | To administer the survey or sweepstakes. To understand our customers and their experiences with our products and services. | Affiliated parties. Service providers. Third parties relating to legal requests, if required by law or if we believe in good faith that it is reasonably necessary. Third parties for sales of transfers of our business or assets. |
Your Privacy Rights Under State Laws
Under the law of several states (California, Colorado, Connecticut, Montana, Oregon, Texas, Virginia, and Utah) residents have some or all of the following rights:
- The right to know what personal information we have collected, used, or disclosed about you during the past 12 months.
- The right to correct it.
- The right to data portability (not relevant to our Services).
- The right to request that we delete your personal information in our possession.
- The right to opt out of the collection and use of your information for online behavioral advertising (OBA).
- The right to opt out of the sale or sharing of your personal information in our possession
To exercise your right to opt out of the use of your data for OBA, see Section II.C.9.c (Cookies) above.
To exercise any of the other rights above, please complete and submit the required information online using our Data Subject Access Request Form (“DSAR”). See below for a fuller explanation of the process for each type of exercise of rights.
Verification Process and Required Information. We may need to request additional information from you to verify your identity or understand the scope of your request. Registered Users will be required to log into their accounts to submit these requests, although non-registered Users will not be required to create an account with us to submit a request or have it fulfilled.
Authorized Agent. You may designate an authorized agent to make a request on your behalf. We will require proof of your consent to designating such an agent and verification of your identity as described above.
Right to Know. All you have to do is submit your DSAR.
Right to Correct. Upon receipt of your DSAR, we may require you to log into your account to update or correct certain information.
Right to Deletion. Upon receipt of your DSAR, we may require you to log into your account and close the account. Where your account is not fully paid or you have active transactions or other matters pending, deletion of Personal Information is subject to the exceptions provided under applicable state law with respect to those matters and may be subject to an extension of the time to act upon your request as permitted by law. Upon your confirmation that you have closed your account, we will send you a message that we have acted upon your request to delete your Personal Information by deleting and/or anonymizing your data within our systems. Note, however, that we retain a copy of your deletion request in our compliance files for audit purposes, and that this file may contain your name, address, and email address. We also reserve the right to retain your Personal Information in accordance with other exceptions to deletion permitted under applicable state law (for example, retention of user zip code and transaction history for tax compliance). We need certain types of information so that we can provide our products and services to you. If you ask us to delete it, you may no longer be able to access or use our websites or purchase our products without providing the information again.
Right to Opt Out of Sale or Sharing of Personal Information in Our Possession. All you have to do is submit your DSAR. If you are a customer, you can also opt out of targeted marketing and advertising communications from us or our business partners by setting your advertising and marketing preferences in your account. See Section III(1)(c) “Promotional Messages” for more information.
Right to Opt Out of Sale or Sharing of Personal Information for Online Behavioral Advertising Through the Use of Third-Party Cookies. Please see Section II-C-9-c above.
Unless you exercise your rights to opt out of these uses (either by using the Data Subject Access Form or otherwise as explained in this Privacy Policy), we “sell” certain of your information to third parties to provide you with offers and promotions and opportunities that may be of interest to you.
We may provide the following categories of Personal Information to third parties for these purposes:
For online targeted advertising purposes: demographic and statistical information, User-generated content, device information and identifiers, browser and usage data, geolocation, and social media information.
For sharing with third parties to send you relevant offers, products, promotions, and opportunities: contact and registration information, demographic and statistical information, employment and education data, User-generated content, device information and identifiers, and geolocation.
Minors’ Right to Opt In. We do not sell – or knowingly collect – the Personal Information of minors under 16 years of age.
Right to Non-Discrimination. You have the right to not be discriminated against (as provided for in applicable law) for exercising certain of your state law privacy rights.
GPC is a browser setting that allows users to automatically send opt-out signals to sites or apps indicating that they do not want their browsing history sold or shared for OBA. We honor this browser setting when it is on browsers connected to IP addresses in states with applicable laws.
Right of Appeal: If we reject your DSAR request, you have the right to appeal that denial by notifying us that you disagree with our decision by email at privacy@gunbroker.com.
If you choose to appeal, please explain why you believe you are entitled to receive the information requested despite our denial. We will respond to any appeal within 45 days.
Right to Complain to Attorney General: If we deny any request you made under our Privacy Policy or this state supplemental notice, you may file a complaint with your state’s attorney general.
Record of California Data Subject Access Requests
We keep a record of requests that we received from California residents.
For data deletion and data access requests, our Users submit requests through our DSAR form, and indicate what state they live in. We then send them an identity verification email. If the user does not verify their identity in 45 days, their request will be denied. If the user does verify in 45 days, we begin to fulfill their request.
We have calculated our median process time for verified data deletion and data access requests for California residents. Any requests completed within the same day are rounded to one day. The median process time is found by organizing the processing time of each verified request from lowest to highest. The middle number is the median.
California Shine the Light
California law permits Users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their ‘Personal Information’ (if any, and as defined under applicable California law) for their direct marketing purposes in the prior calendar year, as well as the type of Personal Information disclosed to those parties. If you are a California resident and would like to request this information, please submit your request in an email at privacy@gunbroker.com.
California Do Not Track Notice
At this time, there is no worldwide uniform or consistent industry standard or definition for responding to, processing, or communicating “Do Not Track” signals. Thus, the Site is unable to respond to “Do Not Track” signals. However, we do honor GPC settings as described above.