Smith Broughton Auctioneers Privacy Statement

This Privacy Statement describes the privacy practices of Smith Broughton Auctioneers and its affiliates with respect to the collection, use, and disclosure of personal information, including information collected at auctions, through our websites such and and through our mobile apps.

Please read this Privacy Statement carefully as it affects your rights. You are consenting to the processing, international transfer and disclosure of your personal information in accordance with this Privacy Statement.

References in this Privacy Statement to “we” or “us” refers to Smith Broughton Auctioneers, Smith Broughton Agriculture, and their respective service providers.

In this Privacy Statement, “personal information” means any information about an identifiable individual, excluding any information that has been de-identified or that is excluded from the definition of “personal information” under applicable laws.

This statement will notify you of:

  1. What personal information Smith Broughton Auctioneers collects
  2. How the information is used
  3. With whom the information may be shared or disclosed
  4. What choices are available to you regarding collection, use and distribution of personal information
  5. The kind of security procedures that are in place to protect the loss, misuse or alteration of personal information under our control
  6. How you can correct any inaccuracies in your personal information

Upon registration with Smith Broughton Auctioneers, you permit Smith Broughton Auctioneers to use and disclose your personal information according to this Privacy Statement.

What personal information is collected?

Smith Broughton Auctioneers collects personal information from individuals through various means, including through Smith Broughton Auctioneers websites, consignment agreements and the bidder registration process. For security reasons, Smith Broughton Auctioneers may also utilise audio/video or other surveillance means to monitor its premises. Surveillance footage may also be used to settle disputes.

You provide your consent to the collection, use, retention and disclosure of your personal information in accordance with this Privacy Statement when you browse an Smith Broughton Auctioneers website that links to this Privacy Statement, complete a bidder registration process, activate an online account, enter into a consignment agreement, request marketing communications or otherwise take an action after we provide you with an opportunity to review this Privacy Statement. Smith Broughton Auctioneers also obtains your express or implied consent to the collection, use, retention and disclosure of your personal information when you communicate it to Smith Broughton Auctioneers for purposes that are disclosed to you at the time of collection. Smith Broughton Auctioneers may seek your consent to additional purposes through supplementary notices or requests.

If you wish to withdraw consent to the collection, use, or disclosure of your personal information, you may contact our admin team at [email protected] for further information.

How we collect your personal information

Smith Broughton Auctioneers ensures that your personal information is collected only by lawful and fair means. We will only collect information that is provided directly by you.

We collect your personal information through our online registration process. These details will need to be completed prior to entering any bids on goods or purchasing any goods from Smith Broughton Auctioneers . When submitting personal information, it is strongly advised that you do not submit anyone else’s personal information other than your own.

The purpose for which we collect hold use and disclose your personal information

By providing Smith Broughton Auctioneers with your personal information and agreeing to this Privacy Statement you are giving your consent for Smith Broughton Auctioneers to process your personal information for the purposes of providing the Services and for any other purposes which you expressly agree to.

The personal information Smith Broughton Auctioneers collect about you is not used for any other purpose than those mentioned in this Privacy Statement and as such your personal information will only be processed by authorised staff members.

How we use the personal information that is collected.

Smith Broughton Auctioneers uses information collected from individuals to provide products or services, to respond to requests for information regarding Smith Broughton Auctioneers products and services, to protect our rights and the rights of others and for additional purposes that may be identified at or before the time that the information is collected. The information gathered will be used for general corporate marketing purposes and understanding the secondary equipment market, thereby enabling Smith Broughton Auctioneers  to refine and improve our service and better meet our customers’ needs. We may send registered users site and service announcement updates, and information regarding new or improved services and upcoming events that we think may be of interest to them. We may communicate with a registered user to provide services or with respect to their account via email or phone.

We use information collected from bidders to detect, suppress or take other actions regarding suspected illegal activities, suspected fraud, or a violation of our account terms and conditions, our policies or agreements.

We also use information collected to deliver relevant content and advertising by: (i) generating and analysing reports and data about your transactions history, patterns of usage of our websites or after combining your information with information relating to your use of services provided by Smith Broughton Auctioneers; (ii) personalizing our online services based on your customized preferences and usage; and (iii) working with unaffiliated third party service providers who help deliver ads relating to products and services you’ve purchased or products and services offered by Smith Broughton Auctioneers which we believe are consistent with your interests when using our websites or other unaffiliated websites.

In some instances, we use third party companies to help us provide our products and services to you, like a courier company that delivers a package or an e-mail delivery service that sends out our e-mails or e-newsletters. In those instances we need to share your information with them. We require that those companies use the information only to deliver our product or service and that this information will be kept confidential.

Occasional surveys may be conducted on our websites or feedback solicited from you. Survey information will be used to help us monitor and improve the use of this site and our services.  You agree to allow Smith Broughton Auctioneers to use your remarks, suggestions, writings or comments from surveys or other feedback mechanisms as Smith Broughton Auctioneers so determines without your further consent and without compensation or any other interests or rights. However, Smith Broughton Auctioneers will not identify the specific source of the comments by name or email address without your permission.

Information Sharing and Disclosure

Third Parties

We may use third parties to perform functions in connection with our services (for example, Google Analytics for website usage data analysis and Mailchimp for email marketing automation services). We may transfer limited non-sensitive information about you into their platforms so that we can utilise their services. If we partner with another party to provide specific services (for example, extended service plans, transportation services or equipment refurbishment services), and you register or contract for these services, we will share the contact information or other information necessary for the third party to provide the requested services. We may also disclose personal information to legal, financial, and other professional advisors and to our lenders or insurers in connection with the operation of our business where such parties have agreed to confidentiality restrictions.

De-Identified Information

We may share aggregated demographic information or other de-identified information with our trusted third party partners.

Business Changes

If we become involved in a merger, acquisition, sale of assets, joint venture, securities offering, bankruptcy, reorganization, liquidation, dissolution, or other transaction or if the ownership of all or substantially all of our business otherwise changes, we may share or transfer your information to a third party or parties in connection with such business change.

Investigations and Law

To the extent required or permitted by applicable law, we disclose information about you to third parties to:

Security of personal information

We take very seriously our commitment to protect your personal information. To this end, we maintain a secure process to collect, transmit and store your personally identifiable information.

Your information is transmitted from your Web Browser to our Web server in a secure, encrypted format to ensure that your privacy is protected.

We urge you to keep your password in a safe place and not to divulge it to anyone. This will prevent any unauthorised access to your personal information. If you believe someone else may have access to your password we advise you to change it immediately. Also remember to sign off your account and close your browser window when you have finished your visit. This ensures that others cannot access your account, especially if you are sharing a computer with someone else or using a computer in a public place.

Smith Broughton Auctioneers may contain links to other sites that are not under our control. Those Websites have their own policies regarding privacy. For your own protection, you should review their policies upon visiting these other sites to make sure they meet your expectations of privacy.

Smith Broughton Auctioneers will take such steps as are reasonable to protect your personal information:

  1. From misuse, interference and loss.
  2. From unauthorised access, modification or disclosure.
  3. Accessing and correcting information held by Smith Broughton Auctioneers.

All the information provided by you upon registration is available to you for review and update by contacting Smith Broughton Auctioneers at [email protected] or by calling 08 9374 9222. We advise you to regularly check your personal information to ensure that your personal details are up to date and stored correctly.

Integrity of Personal Information

Smith Broughton Auctioneers will take all reasonable steps to ensure that the personal information we collect is accurate, up to date and complete.

Removing your personal information

You have the right to remove any personal information provided on our website.

We will normally store your personal information for as long as you are a member. When you cease to be a member we will no longer hold personal data about you.

Online Account Creation and Bidding Registration

To access certain areas of or, to participate in online sales events or subscribe to receive electronic communications, you must first complete the account registration process and provide certain information to us, including name, email address, postal address, postcode, phone number and country. If you register to bid online, you will be required to view and accept our Terms and Conditions of Sale.

Onsite Bidding Registration

To participate in an auction in-person, you must first register to bid at the auction registration counter where the auction is being held.  At the time of registration, you will be required to provide your name, address and basic contact information.

Cookies and Other Technologies

A cookie is a piece of data stored on your hard drive that allows us to recognise your computer from one visit and from one page access to the next. This helps us to customise the Site to reflect your individual preferences and to compile anonymous, aggregated statistics that allow us to understand how you and other users use the site so that we can improve the site.

When you interact with our websites, we or our authorised third party service providers may place cookies, web beacons (also known as action tags or single-pixel gifs), and other non-cookie based technologies on your device to collect and store information that helps us track and analyse usage, provide a more efficient and personalised experience to our users, and to personalize online display advertising tailored to users’ interests. This information collected by us may be associated with personal information we already have or collect from other sources for the purposes noted above under “Information Use”.

Some of these technologies may be permanently placed on your device until you choose to remove them (i.e. persistent cookies); while others are temporary and are removed after you close your browser (i.e. session cookies). You are always free to block our cookies if your browser or device permits, although doing so may interfere with your use of some of our services’ and websites’ features or content. For more information on how you can block, delete, or disable cookies, please review your specific browser or device settings. You may also be able to browse our websites using your browser’s anonymous usage setting (i.e. “Incognito” in Chrome). Please review your browser settings for further details. Please also note that you may choose to opt-out of some of these technologies as explained in “Choice/Opt Out” below.

Our use of these technologies falls into four categories:

  1. Operationally necessary – These technologies are used to permit access to our websites or services and use certain features such as maintaining logged-in status for your account while using a website, as well as enabling you to move around it and use its features.
  2. Functionality related – We use these technologies so we can remember your preferences while browsing websites and to provide enhanced and more personalised content and features, such as saved equipment searches. In order to permit your connection and use of our websites and services, we receive and record usage data about your device and browser (see above). If you access the website from a mobile or other device, we may collect a unique device identifier assigned to that device, geolocation data (where permitted in your device settings), or other transactional information for that device.
  3. Performance related – We and/or our service providers may use analytics and testing technologies to collect information about your usage and interaction with our services and websites, for instance web page views or interaction with a link or other content. We use this information to understand overall usage patterns of our visitors and determine whether certain content is effective or not. We do not permit any of these service providers to use any of your personal information collected on our websites for their own purposes.
  4. Advertising related – These technologies are used by us and our service providers to deliver advertising or personalised emails we believe are relevant to you and your interests. For example, we may use first-party cookies and web beacons to deliver content, including personalised ads, we believe are relevant to your interests, on our websites or on third party sites. This means that when you are on websites other than our websites, you may be shown advertising based on your activity on our websites. These technologies may also be used to help measure the effectiveness of our ad campaigns. These technologies remember what you’ve looked at on our websites as well as, among other things, IP address, browser type, webpage visited prior to our websites, and the subject of advertisements clicked or scrolled over.

Third-party advertisers and other organisations may also use their own cookies to collect information about your activities on our websites and/or the advertisements you have clicked on. This information, which may be combined with other information acquired from third parties, may be used by them to serve advertisements on our websites and third party sites that they believe are most likely to be of interest to you based on content you have viewed. Third-party advertisers may also use this information to measure the effectiveness of their advertisements and to track aggregate usage statistics. We may not control these third-party cookies and their use may be governed by the privacy policies of the third parties employing these cookies. To learn about these cookies and to disable or reject third-party cookies, please refer to the relevant third party’s website or “Choice/Opt Out” below.

Web Server Traffic Log Files

Web server logs collect visitor information including IP address, browser type and version, referring URLs, referring search engines and specified search strings. This information helps us design improvements to the services and navigational structure of our websites.


While we take reasonable administrative, technical and physical measures to protect the information you submit or that we collect online and offline against loss, theft and unauthorized use, disclosure, or modification, we cannot guarantee its absolute security. No Internet, email or mobile application transmission is ever fully secure or error free. If you believe your account has been abused, please contact us at [email protected].  To the extent permitted by applicable law, you also agree that Smith Broughton Auctioneers will not be liable for access to or the use or acquisition of your information by any third party without Smith Broughton Auctioneers knowledge or consent in contravention of Smith Broughton Auctioneers safeguards.


Smith Broughton Auctioneers does not attempt to collect personal information from individuals under the age of 18. Note that Smith Broughton Auctioneers cannot always determine if a user of our websites is a child under the age of 18.


Our websites contain links to other sites, including sites maintained by our third party partners. Please be aware that Smith Broughton Auctioneers is not responsible for the privacy practices of such other sites. We encourage our users to read the privacy statements of all websites that collect personal information.

Choice / Opt-Out

You have a choice about how we use your personal information to communicate with you and how we provide relevant advertising.

Email Communications

We use your email address to communicate with you in order to fulfill any contractual obligations with you, including those associated with your online account. In addition, we may send you marketing communication if you have registered and created a profile through an Smith Broughton Auctioneers website (including and agreed to our terms of use for your account. We may also send you marketing communications if you have registered to sell or bid in person at any of our live auction events and agreed to our terms at the time of registration. By doing so, you infer or imply your consent. Marketing communications may come from the Smith Broughton Auctioneers or Smith Broughton Agriculture entity that you contracted with when registering an account or registering to sell or bid. If you are receiving marketing emails, you can unsubscribe from these marketing emails by clicking the unsubscribe link in any marketing email you receive. This is found at the end of the email.

Advertising, Personalisation & Analytics

As of the date of this Privacy Statement, we use the following service providers to assist us with serving interest based ads and to analyze your interactions with our services and websites using the technologies described above under “Cookies and Other Technologies”. Please note that this list is subject to change. You may contact us at [email protected] for up-to-date information on the service providers we are using.

Note: Opt-out choices selected above may be browser and device specific. As well, deleting cookies can remove your opt-out preferences, so you may need to periodically refresh your opt-out preferences. Please also note that opting-out of our interest based advertising is not the same thing as opting out of ads. You will still see ads, and you may even see our ads, however, they will be random.

To set “Limit Ad Tracking” on various iOS devices, please click here.

To opt-out of Google interest-based ads on Android, open your Google Settings app > Ads > Enable “Opt out of interest-based advertising”

Changes to this Privacy Statement

We may change this Privacy Statement at any time by posting a revised version on the Site. Please check the Terms & Conditions and the Privacy Statement whenever you visit the Site. You will be bound by the revised Privacy Statement if you continue to use our Services following the date on which the revised Privacy Statement is published on the Site.

Interaction with other legislation

This Privacy Statement does not apply to the extent of:

  1. the Do Not Call Register Act 2006;
  2. the Spam Act 2003; and
  3. any other Act of the Commonwealth, or a Norfolk Island enactment, prescribed by the regulations.

Complaints regarding breach of the Australian Privacy Principles and how Smith Broughton Auctioneers deals with such complaints

You have a right to complain to the Office of the Australian Information Commissioner (OIAC) should you feel that we have breached the Australian Privacy Principles.

Before you make such a complaint you should contact us directly:

Smith Broughton Auctioneers

21 Military Road

Midland, Western Australia 6056

Email: [email protected]

Phone: (08) 9374 9222

Within thirty (30) days of your complaint, we will provide you with a response. Should you not receive a response or if you are unhappy with our response you can then refer your complaint to the OAIC.

To do this you should access the OAIC website; fill out a Privacy Complaint form; post your complaint; email your complaint or fax your complaint.

Contacting Smith Broughton Auctioneers

If you have any questions in regards to this Privacy Statement you can contact us directly using the contact details provided in point 12.

Last Revised 21 July 2022