LandProz & AuctionCast Terms of Service

Terms of Service for the AuctionCast Online Auction Platform

1. Acceptance of Terms By using our online real estate auction service, you agree to comply with and be bound by these Terms of Service (TOS). Please read these terms carefully. If you do not agree to these terms, you shall not use this service.  This agreement is between you and LANDPROZ Real Estate LLC (DBA AuctionCast) and you are required to agree to all portions of this Terms of Service to use our system.
2. Privacy Policy

• Data Collection: We collect various types of data about users and their use of our site, including but not limited to personal identification information, bidding history, and site interaction patterns.
• Recordkeeping: All actions within our system are recorded. This is necessary for recordkeeping purposes and allows for audits of sales as required.
• Data Collection Techniques: We employ various techniques for data collection to enhance user experience and ensure regulatory compliance. 
• Use of Cookies: In addition to the data collection methods previously described, our service utilizes “cookies” – files placed on your device – to enhance user experience. Cookies help us understand user preferences based on previous or current site activity, enabling us to provide improved services. We also use cookies to compile aggregate data about site traffic and site interactions.
• Third-Party Cookies: In some cases, we may also use cookies provided by trusted third parties. These may include analytics cookies that allow us to track and understand how you use our site, which helps us to improve our services and your user experience.

3. Accuracy of Information and Verification

• Provision of Accurate Information: All users must provide accurate, complete, and current information as requested during registration and bidding processes. This includes, but is not limited to, your legal name, address, phone number, and financial information. Providing false, misleading, or incomplete information is a breach of these Terms of Service and may result in immediate termination of your account and access to our services.
• Verification Process: To ensure the integrity of our auctions, we may contact bidders by phone or other means to verify the information provided. This verification process is crucial to maintaining a secure and fair bidding environment.
• Bidding Approval: Approval to bid in an auction is granted on a per-auction basis and is not automatic. Users must apply for bidding approval for each auction in which they wish to participate. To ensure sufficient time for the verification process, we request that users sign up at least 5 days in advance of the auction. Late registrations may not be approved in time for participation in the auction.
• Consequences of Inaccurate Information: If at any point it is determined that a user has provided inaccurate or misleading information, we reserve the right to take appropriate actions, including but not limited to disqualification from current and future auctions, termination of the account, and legal action where necessary.
• User Cooperation: Users are expected to cooperate fully with any verification inquiries or requests for additional information. Failure to comply with these requests may result in the denial of bidding privileges.

4. Access to Individual Auctions

• Determination of Access: Access to individual auctions on our platform is determined by our auction staff. This includes auction managers, brokers, agents, and other authorized personnel. The decision to grant or deny access to any auction is at their sole discretion.
• Criteria for Access: The criteria for allowing access to a particular auction may vary and are determined by the specific requirements of each auction. These criteria may include, but are not limited to, financial qualifications, compliance with previous auction rules, and the nature of the property being auctioned.
• Denial or Removal of Access: Auction staff reserve the right to deny or remove access to any auction at any time. This action can be taken for reasons including, but not limited to, failure to comply with auction rules, providing inaccurate information, disruptive behavior, or any other reason deemed sufficient by the auction staff.
• Notice of Decision: While we endeavor to notify users promptly of any decision regarding their access to an auction, there may be instances where immediate action is necessary without prior notice.
• Appeal Process: Users may request a review of a decision to deny or remove access by contacting our customer support. However, the initial decision will remain in effect until the review process is complete.
• User Responsibility: Users are responsible for ensuring they meet all the criteria for participation in an auction and for adhering to any instructions or guidelines provided by auction staff. Failure to do so may result in denial of access to current and future auctions.
• Changes to Access Policy: We reserve the right to modify the criteria and process for auction access at any time. Any changes will be communicated through updates to these Terms of Service or through direct communication with users where applicable.

5. Bidding and the Binding Nature of Winning Bids

• • Legally Binding Bids: All winning bids made through our platform are legally binding. By placing a bid, you are making a contractual commitment to purchase the listed property at price indicated in your bid if you are the winning bidder.

• Precedence of Bids: Bids are accepted only in the order in which the software system receives them, regardless of source.  Every bid is tracked by time and only the first bid into the system for a specific amount will be advanced.  Auctions may have different sources of bids, including online bids made by the actual bidder using the software system, phone bids placed on behalf of a bidder on the phone by the auction clerk staff, or floor bids placed on behalf of a bidder physically present in the room by auction clerk staff.  Bids placed by auction staff on behalf of bidders are done so as best effort and are valid only at the time when the staff enters those bids in the system.  Bidders are encouraged to use online bidding for best performance and least delay.

• • Same Bids: Same bids, bids by two or more people that are of the same value, are resolved that the first bidder to place the bid (‘Precedence of Bids’, above) has their bid advanced.  
  • Max Bids: The ‘Max Bid’ system attempts to automatically place bids on a bidder’s behalf up to and including their ‘Max Bid Value’.   The Max Bid system is best effort and is subject to normal bidding requirements, such as bid/ask increments.  The bidder is the sole party responsible for the actions of the Max Bid system.
  • Bidding Increments: Ask increase increments are enforced by the software used to conduct the auctions and the staff/auctioneers.  Every auction’s ask increase increment is different and bids that do not meet the required bidding increment criteria may be rejected.

• Choice Auction Tract Selection: Participation in a Choice Auction secures the right of the winner to choose at least one tract to contract to buy.  The winner of a choice round must choose at least one tract but may choose any number up to and including all tracts.

• Whole Farm Top Bid: In Whole Farm auctions, either the Whole Farm auction that represents all the tracts of the auction or the individual Tracts auctions will win the contract(s) to purchase the tracts at the bid value – this is called Top Bid.  Top Bid is determined by comparing the total dollar bid value of the Whole Farm auction to the sum of all the individual total dollar tract bid values and whichever is greater becomes Top Bid.  If the same value is reached by both Whole Farm and Tracts Same Bids applies.  Being High Bidder in a Whole Farm auction does not guarantee the bidder the contract to purchase the item, only being Top Bid does.  A bidder may be the High Bidder of a Tract, but not Top Bid until another Bidder bids another Tract up to a sufficient value to secure Top Bid for Tracts at the close of the auction.  That bidder, now Top Bid by no action of their own, is responsible for the Top Bid completion of the winning contract for that Tract. 
• Enforcement of Payment: In the event of a winning bid, we reserve the right to use any lawful means necessary to secure the purchase price from the user. This may include, but is not limited to, charging any registered payment methods, initiating legal proceedings, and employing collection agencies.
• User Responsibility: It is the user’s responsibility to ensure that they have sufficient funds available to cover the total cost of any bid they place. Placing a bid without the intention or ability to fulfill the payment obligation is strictly prohibited and may result in legal action and permanent suspension from our platform.
• Payment Terms: Specific payment terms, including deadlines, acceptable payment methods, and any related fees, will be communicated to the winning bidder following the close of the auction.
• Consequences of Non-Payment: Failure to promptly fulfill the payment obligations of a winning bid may result in legal action, additional charges, and the forfeiture of the right to purchase the property. Delinquent payments will be additionally charged interest at the rate of the lesser of 18% per annum or the maximum amount allowable by law. Furthermore, non-payment may affect the user’s ability to participate in future auctions.
• Attorney Fees: In the event that we must initiate legal action against you to enforce your payment obligations under this Section 5, you agree to pay our reasonable attorney fees, court costs, and other costs, expenses, and damages.

6. Accuracy of Online Experience

• Portions of the online experience, especially those managed by auctioneers or staff, such as countdowns and timers, may not always be accurate. We endeavor to maintain precision but cannot guarantee the timeliness of these actions.
• Tie bids, bids in which more than one person places the same value bid, will be resolved such that the first bidder to place that value bid as seen by the bidding system, auctioneer, or clerks, will have their bid advanced.  Tie bidders who are not first to bid the tie value are encouraged to bid again at a higher value to advance a new bid.

7. Data Storage and Security

• Commitment to Security: We are committed to ensuring the security of user data. We take all reasonable precautions to safeguard the information collected through our platform, employing a variety of technical and organizational measures designed to protect data against unauthorized access, alteration, disclosure, or destruction.
• Data Retention: Data is retained in compliance with the regulatory requirements of the state and country in which the auction takes place, as well as the jurisdiction in which our company is registered. This includes adherence to any applicable real estate and data protection laws.
• Compliance with GDPR: In cases where any auction or user is based in a country governed by the General Data Protection Regulation (GDPR), we will adhere to the stringent data protection and privacy standards set by the GDPR.
• Use of Data: We do not sell user data to external entities. However, user data may be accessed and used by our contractors, assignees, service providers, and other parties involved in the operation and maintenance of our services. This use is limited to purposes necessary for the provision of our services and is governed by strict confidentiality agreements.
• Rights to Media Content: We do not assert any ownership or rights claims over media content provided to us by third parties. We assume that all media uploaded to our platform is done so with the rightful permission of the owner. The responsibility for securing appropriate rights and permissions for any media used on our site rests with the uploader.
• Responsibility and Liability: While we strive to maintain the highest standards of data security, we cannot guarantee the absolute security of user data. In the unlikely event of a data breach, we will take appropriate measures to mitigate any potential harm and will communicate with affected users in accordance with legal requirements and best practices.

8. Cross-System Integration and Data Sharing

• Integration with External Platforms: Our service may offer integration with external systems and platforms, such as Google Sign-In or Facebook, to streamline user experience and facilitate easy access. Utilizing these integrations is optional and provided for user convenience.
• Sharing of Information: In cases where users choose to utilize these integrations, sharing of certain information between our platform and the external systems is necessary to enable these functionalities. This may include basic profile information, email address, and other data required for authentication and account synchronization.
• Limitation of Data Sharing: We are committed to ensuring that the sharing of data with external platforms is limited strictly to what is necessary for the integration to function effectively. We do not share any additional information beyond what is required for the purpose of these integrations.
• User Consent: By opting to use these integrated services, users provide their consent for the necessary data exchange between our platform and the external system. Users are encouraged to review the privacy policies of these external platforms to understand how their data is managed.
• Data Security in Integrations: We take measures to ensure that data shared with external platforms is transmitted securely. However, the security and privacy practices of these external platforms are outside our control, and we encourage users to exercise caution and discretion when enabling these integrations.
• Revocation of Access: Users have the option to revoke our access to their data on external platforms at any time through their settings on the respective platforms. Revoking access may affect the functionality of the integration on our service.

9. Client Access Hardware and Liability

• Requirement of Client Hardware: Access and use of our service require client hardware, such as a computer or mobile device, with adequate capabilities to support online bidding activities. Users are responsible for ensuring that their hardware meets the necessary technical specifications for effective use of our service.
• Hardware and Connectivity Issues: We are not liable for any failures, malfunctions, or inadequacies of client hardware or internet access. This includes, but is not limited to, hardware crashes, slow or unstable internet connections, and compatibility issues. It is the user’s responsibility to maintain and ensure the proper functioning of their equipment and internet connection.
• Impact of Hardware Failure: In the event of hardware or connectivity issues on the user’s side, we are not responsible for any resulting inability to place bids, delayed bidding, or any unintended outcomes such as unintentionally winning an auction. Users must ensure a stable and reliable connection and hardware setup when participating in auctions.
• Recommendations for Bidders: To minimize the risk of hardware or connectivity issues, we recommend that users:
  • Test their hardware and internet connection prior to participating in an auction.
  • Have a backup plan, such as an alternative device or internet connection, in case of unforeseen issues.
  • Familiarize themselves with the auction platform’s functionality well in advance of the auction.
• No Liability for Technical Issues: We do not accept liability for any loss, damage, or inconvenience caused by user-side technical failures. This includes issues with bidding, viewing, or participating in auctions due to such failures.
• User Acknowledgement: By using our service, users acknowledge and agree that they are aware of the risks associated with online bidding, including potential hardware and internet connectivity issues, and agree to hold us harmless for any related difficulties or losses.

10. Termination of Service We reserve the right to terminate your access to the service at any time, for any reason, including but not limited to the provision of false information. Termination may be without prior notice, and we may immediately deactivate or delete your account and all related information and files.
11. Indemnification Users agree to indemnify and hold harmless our service, its affiliates, officers, agents, employees, and partners from any claim or demand made by any third party due to or arising out of your actions, your use of the service, your connection to the service, your violation of the TOS, or your violation of any rights of another.
12. Changes to Terms of Service We reserve the right to modify these TOS at any time without prior notice. Your continued use of the service following the posting of any changes to these TOS constitutes acceptance of those changes.
13. Governing Law and Venue These terms will be governed by and construed in accordance with the laws of the State of Minnesota, without giving effect to any principles of conflicts of law. The exclusive venue for any dispute arising out of these Terms of Service shall be the state or federal courts encompassing Freeborn County, Minnesota.
14. Agreement to Terms By using our service, you signify your agreement to these Terms of Service. If you do not agree to these terms, please do not use our service.

CALIFORNIA ADDENDUM:

15. Additional Information for California Residents. Under California law, specific disclosures are required, and California residents have additional rights regarding their personal information. Please review this section to learn more.

Your California Consumer Privacy Act of 2018 (CCPA) Rights

Categories of Personal Information We Collect

The California Consumer Privacy Act of 2018, as amended from time to time (“CCPA”) requires specific disclosures for each category of personal information that we collect. As more fully described in Sections B, C and D of this Privacy Notice, we may collect, use, or share the following categories of personal information:

• Identifiers (§1798.140 (o)(1)(A) and (B)) which include elements such as: (i) contact information (e.g., name, mailing address, email address, phone number); and (ii) online identifiers (e.g., Internet protocol (IP) address, account numbers, device identifiers such as mobile advertising IDs);
• Demographics (§1798.140 (o)(1)(C)) which include elements such as age and gender;
• Personal Information under subdivision (e) of Section 1798.80 of the California Civil Code (§1798.140 (o)(1)(B)) which includes payment information (e.g., payment card number, expiration date and billing information);
• Commercial Information (§1798.140 (o)(1)(D)) which include elements such as: transactional information (e.g., activity, listings or bids, requests);
• Internet or other electronic network activity (§1798.140 (o)(1)(F)) which include elements such as information about how you use, access, or interact with the Digital Services such as comments, photos, videos and other content you choose to publish on the Digital Services, information about your device, browser or operating system);
• Geolocation Data (§1798.140 (o)(1)(G)) which include elements such as location information (e.g., city and state, or precise location information if location services are active on your device);
• Audio, Electronic, Visual, Thermal, Olfactory or Similar Information (§1798.140 (o)(1)(H)) which include elements such as recordings of your calls with our call center;
• Professional or Employment-Related Information (§1798.140 (o)(1)(I)) which include elements such as your professional email address, phone number or other contact information if you have used such professional or employment related personal information to make a listing, place a bid, register for an account or to receive communications; and
• Inferences (§1798.140 (o)(1)(K)) which include elements such as inferences regarding your preferences or other characteristics (e.g., cooking enthusiast, travel, food and dining).

Your California Consumer Privacy Act of 2018 (CCPA) Privacy Rights

Residents of California may have the following rights:

1. Right to know and access your personal information. Under CCPA, you have the right to:

• Know the categories of personal information we collect and the categories of sources from which we got the information;
• Know the business or commercial purposes for which we collect and share personal information;
• Know the categories of third parties and other entities with whom we share personal information; and
• Access the specific pieces of personal information we have collected about you.

3. Right to deletion. In some circumstances (subject to certain exceptions), you may ask us to delete your personal information. These exceptions may include pending payments, active bids, or other incomplete transactions connected to your account. 
4. Right to opt out of sales. We may share your personal information with third parties in ways that may constitute a “sale” under CCPA. You may request that we not “sell” your personal information on a going forward basis. 

If you choose to use the Digital Services to interact with Sellers and third parties, including if you successfully win a bid or complete a transaction with another user or third party that may be integrated with the Digital Services, we will provide the other user or third party, as appropriate, with your personal information to facilitate the transaction you requested (including, your name and contact information). This type of sharing does not constitute a “sale” of your personal information by us as it is done at your direction. If you reengage with us after opting out of the “sale” of your personal information, such as by submitting a bid, signing up for a newsletter and/or entering a sweepstakes or contest you acknowledge that your personal information may be used and shared in accordance with this Privacy Notice.

4. Right to be free from discrimination. You may exercise any of the above rights without fear of being discriminated against. We are permitted to provide a different price or rate to you if the difference is directly related to the value provided to you by your data.

We use the information you provide to make your CCPA rights requests to verify your identity, locate the personal information we may hold about you and act upon your request. We strongly recommend that you submit the email and postal address that you used when you created accounts, listed or placed a bid on a listed vehicle or other products and services, or signed up for a newsletter. After you submit a CCPA rights requests, we may ask you to verify your identity and/or access to the email address you submitted. You are required to verify your identity and/or email in order for us to proceed with your CCPA rights requests. Please check your spam or junk folder in case you can’t see the verification email in your inbox. 

Authorized Agents

For any of the CCPA rights, you may designate an authorized agent to make a request on your behalf. In the request, you or your authorized agent must provide information sufficient for us to verify the identity of your agent and that your agent has been properly authorized to act on your behalf; this may take additional time to fulfill your request. If you are an authorized agent working on behalf of a consumer, you will need to fill out the relevant CCPA request form listed above on behalf of the consumer with the consumer’s information.

Minors

We do not knowingly collect or disclose personal information of minors under the age of 16, without affirmative authorization.

Your Shine the Light California Rights (CA Civil Code § 1798.83)

You may also have the right to request a list of third parties to which certain personal information (as defined by California Civil Code § 1798.83) obtained through a Digital Service was disclosed by Luxury Auto Group Inc. during the preceding year for those third parties’ direct marketing purposes. If you are a California resident and want such a list, please contact us at PO Box 4351, Mankato MN 56002. For such request, you must put the statement “Your California Privacy Rights” in the body of your request, as well as your name, street address, city, state, and zip code. In your request, you need to attest to the fact that you are a California resident and provide a current California address for our response. Please also indicate in your request the name of the Digital Service to which your request applies. Please note that we will not accept requests via the telephone, email, or by facsimile, and we are not responsible for notices that are not labeled or sent properly, or that do not have complete information.