Privacy Policy

Auctions / Thursday, August 23, 2012

This Privacy Policy ("Privacy Policy") governs the privacy practices and procedures of Markit and its affiliates, successors and assigns (collectively, "Markit" or "we" or "us" or "our") with respect to the data we collect online via the auction web site currently located at https://www.wci-auction.org/ (the "Web Site") and via Markit's online services and applications provided by Markit through the auction service (collectively, the "Auction Services").

Data obtained by Markit, through the Web Site or Auction Services, in the course of performing work under California Air Resources Board (CARB) Agreement Number 10-123 (“Contract”) will be used solely to the extent necessary to perform work under the Contract and will not be used for any purpose, commercial or otherwise, that is not within the scope of the Contract. Data obtained by Markit, through the Web Site or Auction Services, in the course of performing work under the Contract may be disclosed to its Representatives solely to the extent necessary to perform work under the Contract or as required by law or legal process.

This Privacy Policy does not apply to data collected by any means other than from users via the Web Site or the Auction Services (including, for example, through any offline means). This Privacy Policy also does not apply to data collected or provided by third-party service providers who have partnered with us to collectively provide the Auction Services (collectively the “Auction Partners”).

By visiting the Web Site or using any Auction Services, you are consenting to the practices and procedures described in this Privacy Policy and in Markit's Terms of Use, into which this Privacy Policy is incorporated.

Policy Changes

You should review this Privacy Policy periodically as we may modify it from time to time as the Web Site and the Auction Services evolve, and such changes will be effective upon our posting them to the Web Site. Your continued use of the Web Site and/or the Auction Services after we have changed the Privacy Policy signifies your acceptance of the revised terms. With respect to material changes to this Privacy Policy, we will notify you through additional means, such as posting a notice on the front page of the Web Site or sending you an e-mail.

What Information Does Markit Collect?

Non-Personally Identifiable Information

When you visit the Web Site or use the Auction Services, our web server recognizes and collects certain information about your visits to the Web Site or use of the Auction Services, such as your Internet Protocol (IP) Address. Our servers also collect clickstream data, which includes a trail of electronic information left at each web site and web page you visit, such as the referring page that linked you to us (e.g., another Web site or a search engine), the pages you visit on this Web Site, the Web site you visit after this Web Site, other information about the type of Web browser, computer, platform, related software and settings you are using, any search terms you have entered on this Web Site or a referral site, and other Web usage activity and data logged by our Web servers. We may use this information to learn about and determine how much time visitors spend on each page of the Web Site or the Auction Service, how visitors navigate throughout the Web Site or the Auction Service and how we may tailor our web pages to better meet the needs of visitors.

We may use cookies on the Web Site, which are small pieces of data stored by your web browser that contain data regarding your settings and preferences, or other data about your visits to the Web Site or use of the Auction Services. We use this information for various purposes, including, for example, to recognize you and your computer when you return to the Web Site or use the Auction Services, provide you with access to account information you may have entered on the Web Site, compile statistics about traffic to Web Site or use of the Auction Services, and for other purposes consistent with this Privacy Policy. You can refuse cookies any time by turning them off in your Web browser. However, if you turn off cookies, certain features and functions of the Web Site or the Auction Services may not be available to you.

We also may use Web beacons and other similar tracking technologies (such as "clear GIFs" and "pixel tags") in the Web Site, the Auction Services and/or in our communications with you to enable us to know whether you have visited a Web page or received a message. Such technologies are typically a one-pixel, transparent image (although it can be a visible image as well), located on a Web page or in an e-mail or other type of message, enabling the verification of an individual's viewing or receipt of a Web page or message.

Any or all of the above-described activities with respect to non-personally identifiable information may be performed on our behalf by our Representatives (defined below). We may match non-personally identifiable information collected in the manner described above with other information we may have from or about you, including your personally identifiable information.

Personally Identifiable Information

When using the Web Site or the Auction Services, you may be asked to provide, or you may otherwise choose to provide via third party, certain "personally identifiable information," such as your name, physical address, e-mail address, account details, and a telephone number and fax number. You may also choose to provide additional information and such information will be used by us in accordance with this Privacy Policy.

The exact types of personally identifiable information collected from you may vary depending on the transactions you conduct on the Web Site or through the Auction Services and the various activities in which you participate (including, for example and without limitation, demographic information or other information that would permit someone to contact you online or offline).

How Does Markit Use My Information, and What Choices Do I Have?

Markit uses the information it collects from you (including your personally identifiable information and non-personally identifiable information) primarily to understand your needs, provide you with better services, and deliver the specific service, content or information you may request from time to time.

We may also send various account notifications or messages regarding changes to Web Site or the Auction Services and other issues relating to your account or profile and your relationship, activities, transactions and communications with us.

Information obtained through the Web Site or the Auction Services may be combined and used in conjunction with information we may obtain through other sources (other than the Web Site or the Auction Services), including from third parties (such as Auction Partners), and from both offline and online sources.

Will Markit Provide My Information to Third Parties?

Other than as described in this Privacy Policy, we do not provide your information to third parties.

Our Representatives

Markit may share your information (including personal identifiable information and non-personally identifiable information) with Markit's affiliates, technical consultants, service providers, third party auditors, and/or other third parties (collectively, our "Representatives") solely as necessary to perform work under the Contract. Such Representatives include, for example, Web site or database hosting companies, address list hosting companies, e-mail service providers, analytics companies, distribution companies, fulfillment companies, payment processing companies and other similar vendors and services providers. Our Representatives collect and/or use such information on our behalf, for various purposes, such as to help make the Web Site or the Auction Services available, enhance their functionality, provide associated services, process your requests or deliver content.

Legally-Required Disclosures

We reserve the right to access and disclose your information as may be required by courts or administrative agencies, and to the extent required to permit us to investigate suspected fraud, harassment, or other violations of any law, rule, or regulation, the rules or policies of the Web Site or the Auction Services, or the rights of third parties, or to investigate any suspected conduct which Markit deems improper.

Business Transfer

In the event that we, or a substantial portion of our assets, are acquired by one or more third parties as a result of or in connection with an acquisition, merger, sale, reorganization, consolidation or liquidation, user information (including personally identifiable and non-personally identifiable) may be transferred in connection with ongoing services provided under the Contract.

Auction Results, Aggregate Statistics

We may disclose non-personally identifiable information of our users to the extent necessary to perform work under the Contract, including as a measure of interest in, and use of, our Web Site and the Auction Services, and we may do so in the form of Auction Service results, information to other Auction Service participants, aggregate data, such as overall patterns or demographic reports, that does not describe or identify any individual user.

Security

The security of your Personal Information is important to us. We employ Secure Socket Layer (SSL) lines and technology for the communication of certain information. However, due to the inherent open nature of the Internet we cannot guarantee that communications between you and any Web Site or Auction Service, or information stored on any Web Site Auction Service or our servers, will be free from unauthorized access by third parties such as hackers. Your use of the Web Site or the Auction Service demonstrates your assumption of this risk. You should also be aware that any information and content, including personally identifiable information, you post on or through communication tools that may be available on the Web Site or through the Auction may be viewed and used by other users of the Web Site and Auction Services. By using these tools and services, you assume the risk that the personally identifiable information provided by you may be viewed and used by third parties. If you notice any inaccuracies in your personally identifiable information maintained by us, please contact us immediately. In the unlikely event that we believe that the security of your personally identifiable information in our possession or control may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we would endeavor to do so as promptly as possible under the circumstances, and, to the extent we have your e-mail address, we may notify you by e-mail.

Links to Other Web Sites

The Web Site or the Auction Services may contain links (including in-line links) to web sites and services owned and operated by third parties (including, for example, the web sites of Auction Partners, which may be framed by and within the Web Site or a page thereof). When you click on such links, the privacy policies of the web sites to which you are linked will govern the use of your information collected on such sites. This Privacy Policy applies solely to information collected by Markit online via the Web Site or the Auction Services. We encourage our users to read the privacy statements of each and every web site or online service visited after leaving or navigating from the Web Site through such a link, banner or advertisement, in order to learn how such third parties may treat your information.

Auction Partners

This Privacy Policy does not apply to information that you may provide to, or that may be collected by, Auction Partners (as defined above), nor does it apply to your use or access of any web site or services of Auction Partners, irrespective of whether you use or access of such web sites or services through Web Site or the Auction Service (e.g., access to Auction Partner web sites through the Auction Service process). In such cases, the privacy policies of each Auction Partner will apply to their collection and use of your information. Markit hereby disclaims all liability and obligations with respect to any information about or from you collected by Auction Partners. When you give your personally identifiable information to Markit through the Web Site or when registering to use the Auction Service, it may be collected and used by Markit and its affiliates for the purposes of, for example, providing you services and sending you correspondence and additionally may be transferred to Markit's Representatives (as described herein), which may be located in countries outside the European Economic Area ("EEA"), including the United States. Each of these countries has different privacy laws that afford varying levels of protection for your personally identifiable information, and such laws may not be as comprehensive as those that exist in the EEA. By registering on Web Site or otherwise using the Web Site and Auction Services, you consent to Markit's and its affiliates' transmission to, and collection and processing of your information in, any jurisdiction, in accordance with its Privacy Policy. You can obtain details of the companies and countries in which your data has been collected by us and to which your data has been transferred by us, by contacting us at the address below in the Contact Us section.

Changing Your Information

You can access, view and change some of your preferences, profile information, and other information by logging into your profile.

Contact Us

Please feel free to contact us by sending an e-mail to auctionsupport@markit.com, calling us at +1 877 7MARKIT or writing us at Markit 620 8th Avenue, 35th Floor, New York, NY 10018.

Last Updated: August 23rd, 2012