RM Sotheby's Privacy Policy

Effective Date: October 28, 2021

This Privacy Notice (“Privacy Notice”) sets forth the privacy practices and policies of RM Auctions, Inc. d.b.a. RM Sotheby's and our subsidiaries and affiliates which display this notice (“RMS,” “us,” or “we”) in connection with our websites and online services (the “Sites”), as well as through any offline interactions we may have with you (collectively, the “Services”). This Privacy Notice describes the information about you (our bidders, consignors, inquirers, press contacts, web visitors, and marketing or advertising contacts) that we collect through the Services, and how that information is used and shared. This Privacy Notice only addresses our own information practices. This Privacy Notice does not apply to information collected or received through other means, or to information collected by any third party, including websites or applications we may link to. This Privacy Notice also does not apply to anonymized or aggregated data which does not identify individuals.

We may, from time to time, revise or update this Privacy Notice. This may include making changes to the way we collect, maintain and store information. If we make changes to this Privacy Notice, we will update the effective date at the top of this Privacy Notice accordingly. Please check the “Effective Date” to see when this Privacy Notice was last revised.

 

1. WHAT INFORMATION WE COLLECT ABOUT YOU AND HOW WE USE IT

1.1

We may gather several different types of information about users of our Services, including first and last name, home or other physical address, contact information (including email address and telephone number), social security number, identification cards and numbers (such as driver’s licenses, passports or other photo identification), other identifiers that permit you to be contacted online or offline, date of birth, age, sex, marital status, purchase history, selling history, data about past transactions with us or those we represent, consignment contracts and other contractual obligations, your interests (such as your interests in particular vehicles or kinds of vehicles), opinions, evaluations, comments, social status, disciplinary actions and financial and payment information (such as bank letters, bank account information, tax certificates, credit reports, loan records, and credit cards). We also collect information about your use of our Sites, and our transactions or other communications. We use the information we collect to operate our business, including the Sites and for other purposes permitted or required by law. In general, we may use the information we gather.

 

1.1.1.

To manage our Sites and present its contents to you. If you establish an account with us, we may use information about you to manage or support your account.

 

1.1.2.

To provide you with information or services that you request or inquire about, including through mailers, catalogues, and e-mails.

 

1.1.3

To know which auctions you plan to attend or have attended in the past.

 

1.1.4.

To facilitate registrations and transactions for buyers, sellers and their agents at auctions.

 

1.1.5.

For general business purposes, including management and administrative purposes.

 

1.1.6.

To complete transactions requested by you, including to transfer vehicle titles, ship vehicles and process payments.

 

1.1.7.

For marketing purposes, including to register media and perform sales targeting.

 

1.1.8.

To improve and evolve our Services, including our Sites.

 

1.1.9.

To communicate with you, including to provide status updates and other service communications, to provide you with notices about your account and to contact you through telephone, text, email or chat, as permitted by law.

 

1.1.10.

To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.

 

1.1.11.

To allow you to participate in interactive features on our Sites.

 

1.1.12.

In any other way we may describe when you provide information or with your consent.

 

1.1.13.

For other lawful purposes.

 

Below, we explain more about specific information collection and use.

 

1.2

Information You Provide to Us: We gather and retain personal information about you when you voluntarily submit it to us. For example, if you choose to register for an account or make an inquiry into a certain vehicle, we will retain the data you submit to respond to your inquiry and/or request, and for our records. We also collect information relating to purchases, communications or other transactions you may engage in with us. This may include payment information (such as payment card details and billing addresses), order details, auctions you attended, shipping details, and other information.

1.3

Automatically Collected Information:

 

1.3.1.

Like many other websites and online services, we collect information about users’ utilization and navigation of the Sites, for authentication purposes, and to collect information about devices and browsing actions. This information may be collected automatically by cookies, pixels, clear gifs, device identifiers, and other data collection technologies (collectively, “Cookies”). We also leverage certain services such as Google Analytics and Facebook, which use Cookies to collect and analyze information about use of the Sites and report on activities and trends. We may identify your use of our Sites across devices and websites and over time, and we may use information we collect from you and receive from others to customize your use of the Sites as you use different devices. Please note that third parties may collect personal information about your online activities over time and across different websites when you use our Sites.

 

1.3.2.

We may use information collected through these technologies to help us design the Sites to better suit our users’ needs, operate our business, help diagnose problems with or administer the Sites, customize the display of our Sites to you according to your interests and usage, to estimate our audience size and usage patterns, to store information about your preferences, to speed up your searches, to recognize you when you return to our Sites, to help target marketing and track the effectiveness of online advertising and for other purposes consistent with this Privacy Notice.

 

1.3.3.

Information we collect automatically includes: the URL that you visited before you came to the Sites; the URL to which you next go; your Internet Protocol (IP) address or other identifiers associated with your devices; the pages you visit; information regarding your browser, device, operating system, and internet service provider; and other information regarding your activities on our Sites. Please note that the information we collect, including IP addresses, may permit us to identify your specific location or region. We may combine the information we collect about you, including automatically collected information, with other information we gather, including information gathered about you by third parties.

 

1.3.4.

As of the Effective Date listed above, there is no commonly accepted response for Do Not Track signals initiated by browsers. Therefore, we do not respond to such signals or to other mechanisms that provide the ability to exercise choice regarding the collection of personally identifiable information regarding your online activities over time and across third-party websites or online services. We do not control how third parties may use information they gather, including through Cookies or other content third parties may provide on our Sites.

1.4.

Social Networking Activities: Our Sites may include the ability for you and other users to link to and share information on social networking websites. The Sites may include the ability for you and other users to share information with other individuals. We may receive information about you when you choose to post or otherwise share information about our Services on social networking websites, or when you or others post or share information on social networking sites or on other websites or services. Our sites may also permit you to email particular listings to another individual. We may use such information about you in a variety of ways, including to understand your interests, to administer the Sites and enhance your experience with the Services, and to communicate with you about the Services and new offerings associated with the Services.

1.5.

Other Sources: We may collect information about you from third-party sources, including from individuals authorized to promote the sale of or sell vehicles (including dealers). We may also collect information about you from companies we represent or our affiliates, or from other companies that collect or analyze information about consumers or users. Examples of information we receive from third-party sources include: (1) information about you from dealers and our affiliates such as when you are interested in a vehicle, including to register you for an auction with your permission; (2) information from dealers, our affiliates, and other sources to help anticipate consumer trends and needs; (3) information provided from sources you have authorized to share information with us, either on our Site or via third-party applications, devices, websites, or other digital interfaces; (4) credit checks and reporting; (5) information from individual users (such as friends or acquaintances) who may forward you auction listings from our site using our “Alert a Friend” feature; and (6) other similar types of information. We may also gather information from other third parties with their own privacy practices and policies. We may combine information obtained from other sources with information we collect ourselves.

2. WHEN INFORMATION WILL BE SHARED OR DISCLOSED

2.1.

We may use and share the information that we collect about you, including in the following situations:

 

2.1.1.

For our everyday purposes, including to our affiliates, third-party contractors, payment processors and others who perform services for us in connection with the Services or our businesses, or to complete or confirm a transaction or series of transactions that you conduct with us.

 

2.1.2.

To conduct internal research.

 

2.1.3.

To verify your identity, prevent fraud and enhance security.

 

2.1.4.

To insurers, carriers, and companies who move freight (such as cars).

 

2.1.5.

To audit and provide reporting relating to particular transactions and interactions, including online interactions you may have with us or others on our behalf.

 

2.1.6.

To deliver content and marketing communications that we think may interest you. including ads or offers tailored to you based upon your browsing and usage history within the Services.

 

2.1.7.

To event sponsors.

 

2.1.8.

As part of a merger, acquisition, or other sale or transfer of all or part of our assets or business.

 

2.1.9.

To contact you, including via telephone, text or chat.

 

2.1.10.

For short-term, transient use, including contextual customization of ads.

 

2.1.11.

To comply with law, regulations and other legal obligations.

 

2.1.12.

To protect our rights and the rights of others.

 

2.1.13.

For other purposes, as permitted by law or to which you consent.

3. YOUR PRIVACY CHOICES

3.1.

If you no longer want to receive marketing-related emails from us, you may opt out of receiving such communications by clicking the “unsubscribe” link at the bottom of any marketing email you receive from us. Please note that even if you opt out from receiving marketing emails, we may still send you other communications, such as service-related communications.

3.2.

You may refuse to accept cookies managed by your browser by adjusting appropriate setting on your browser. However, if you restrict the use of cookies you may be unable to access certain parts of our Sites.

3.3.

We use Google Analytics, which uses Cookies to collect and analyze information about use of the Sites and report on activities and trends. This service may also collect information regarding the use of other websites, apps and online resources. We do not control Google’s tracking technologies or how they are used. You can learn about Google’s practices by going to www.google.com/policies/privacy/partners/. You may be able to opt out of certain Google uses of your data by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.

3.4.

If you maintain an online account with us, you may access and update your information by logging on to your account. You may also contact us to request to update your information (see the “Contact Us” section below.)

4. SECURITY

We take steps to protect the user data we collect against unauthorized access. However, please note that no business can guarantee information security 100%.

5. CHILDREN’S PRIVACY

If you are under the age of 18, please do not use or access the Sites in any way. RMS does not knowingly collect personal information via the Sites from anyone under 18 years of age.

6. CONTACT US

If any member of the public or employee has any questions, they can submit all concerns via email to RMS’ Privacy Officer at privacy@rmsothebys.com. Alternatively, a question or concern may be submitted anonymously via mail c/o:

 

Privacy Officer
RM Sotheby's
One Classic Car Drive
Blenheim, ON Canada
N0P 1A0 

T: + 1 519 352 4575

 

Privacy Officer
RM Sotheby's
5536 County Rd 11A
Auburn, IN United States
46706 

T: +1 260 927 9797

 

Privacy Officer
RM Sotheby's
5 Heron Square
TW9 1EL Richmond
United Kingdom

T: +44 (0) 20 7851 7070

7. ADDITIONAL CALIFORNIA NOTICE

7.1.

If you are a California resident, the following provisions apply to our processing of information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household subject to the California Consumer Privacy Act (“California Personal Information”). For such residents, the provisions of this Section prevail over any conflicting provisions in our Privacy Notice.

7.2.

Personal Information We Collect about California Consumers:

 

7.2.1.

We describe the personal information we have collected about consumers in the twelve (12) months preceding the Effective Date of this Privacy Notice in the part of our Privacy Notice titled, “What Information We Collect About You and How We Use It.” The information we have obtained includes the following:

 

 

7.2.1.1.

Identifiers such as name, physical address, date of birth, email address, social security number, driver’s license number, passport number, or other information that identifies you.

 

 

7.2.1.2.

Demographic and other information considered to be protected classifications under federal or California law such as age, gender, or marital status.

 

 

7.2.1.3.

Personal information as defined in the California customer records law such as signature, financial information, including as submitted by you related to your specific financial condition, accounts or assets.

 

 

7.2.1.4.

Commercial information such as transaction information and purchase history, and information relating to your business and property interests.

 

 

7.2.1.5.

Internet or network activity information such as search and browsing history, login credentials, IP address, and device and advertising identifiers.

 

 

7.2.1.6.

Geolocation data.

 

 

7.2.1.7.

Audio information such as voice recordings.

 

 

7.2.1.8.

Professional or employment-related information such as past and present work history. affiliations, education and employment.

 

 

7.2.1.9.

Inferences which we may generate or acquire relating to your preferences, attitudes, characteristics or behaviors.

 

7.2.2.

We collect this personal information from sources including yourself directly and others (e.g., dealers) whom you instruct to interact with us on your behalf, consignees and other customers, social networks, and third-party partners such as analytics or marketing providers. For more information, please see “What Information We Collect About You and How We Use It.

7.3.

Use of Personal Information about California Consumers:

 

7.3.1.

We use the personal information we collect about California consumers for the business purposes disclosed within our Privacy Notice. For more information, please see “What Information We Collect About You and How We Use It.”

 

7.3.2.

We may also use the information we collect for our own or our service providers’ other operational purposes, purposes for which we provide you additional notice, purposes disclosed elsewhere in this Privacy Notice, or for purposes compatible with the context in which the personal information was collected.

7.4.

Your California Privacy Rights:

 

7.4.1.

If you are a California resident, you have the following rights. We will honor requests received to the extent required by applicable law and within the time frame provided by law.

 

 

7.4.1.1.

Right to Know. You have the right to request that we disclose to you the categories and specific pieces of personal information we have collected about you. Specifically, you have the right to request that we disclose what personal information we collect, use, disclose, and sell, including:

 

 

 

7.4.1.1.1.

Specific pieces of information that we have collected about you;

 

 

 

7.4.1.1.2.

Categories of personal information we have collected about you;

 

 

 

7.4.1.1.3.

Categories of sources from which the personal information is collected;

 

 

 

7.4.1.1.4.

Categories of personal information about you that we have sold or disclosed for a business purpose;

 

 

 

7.4.1.1.5.

Categories of third parties to whom the personal information was sold or disclosed for a business purpose; and

 

 

 

7.4.1.1.6.

The business or commercial purpose for collecting or selling personal information.

 

 

7.4.1.2.

Right to Delete. You have the right to request that we delete personal information about you that we have collected from you.

7.5.

Requests to Exercise Your Rights:

 

7.5.1.

You may request to exercise the foregoing rights by:

 

 

7.5.1.1.

Submitting a request by sending an email to privacy@rmsothebys.com; or

 

 

7.5.1.2.

Calling us toll-free at (519) 352.4575.

 

7.5.2.

We may limit our response to your exercise of rights as permitted by law. For example, we may retain information as permitted under law to complete transactions, combat fraud, comply with legal obligations, use for internal purposes reasonably aligned with consumer expectations, or to exercise our legal rights.

7.6.

Nondiscrimination:

 

7.6.1.

We may not discriminate against you because of your exercise of any of the foregoing privacy rights, or any other rights under the California Consumer Privacy Act, including by

 

 

7.6.1.1.

Denying you goods or services.

 

 

7.6.1.2.

Charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties.

 

 

7.6.1.3.

Providing you a different level or quality of goods or services.

 

 

7.6.1.4.

Suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services.

 

7.6.2.

We may, however, charge different prices or rates, or provide a different level or quality of goods or services, if that difference is reasonably related to the value provided to us by your personal information.

7.7.

Verification Process:

 

7.7.1.

When you exercise your rights, we may verify your identity as permitted by law. For this purpose, we may ask you to provide information such as government issued identification. You may designate an authorized agent to request the above rights on your behalf. You may make such a designation by providing the agent with written permission, signed by you, to act on your behalf. Your agent may contact us via the information provided in the “Contact Us” section to make a request on your behalf. Even if you choose to use an agent, we may, as permitted by law, require:

 

 

7.7.1.1.

The authorized agent to provide proof that the consumer gave the authorized agent signed permission to submit the request.

 

 

7.7.1.2.

The consumer to verify their identity directly with the business.

 

 

7.7.1.3.

The consumer to directly confirm with us that they provided the authorized agent permission to submit the request.

 

7.7.2.

You may contact us via the “Contact Us” section above. This Additional California Notice was last updated on the Effective Date indicated above.

8. EUROPEAN REGULATION 2016/679 (GDPR)

8.1.

For those conducting business with one of our European entities, we undertake to comply with the provisions of applicable regulations, in particular those European Regulation 2016/679 on the protection of personal data, which entered into force on 25 May 2018 (hereinafter “GDPR”).

8.2.

The Data Collected and Collection Procedures: Please refer back to What Information We Collect About You and How We Use It.

8.3.

Legal Basis for Processing:

 

8.3.1.

The following form the legal basis for processing:

 

 

8.3.1.1.

Consent;

 

 

8.3.1.2.

Contract;

 

 

8.3.1.3.

Legal obligation; and

 

 

8.3.1.4.

Legitimate interests.

8.4.

How We Use Your Data: Please refer to clause 1.1.1 through 1.1.13, 1.2, 1.3, 1.4, 1.5, and 2.

8.5.

Transfer of Personal Data:

 

8.5.1.

As a global group of companies, the data that we process in relation to you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA") that may not be subject to equivalent data protection laws. It may also be processed by staff situated outside the EEA who works for us or for one of our suppliers.

 

8.5.2.

We may transfer your personal data outside the EEA in order to:

 

 

8.5.2.1.

Store it;

 

 

8.5.2.2.

Enable us to provide products or services to (and fulfil our contract with) you. This includes order fulfilment, processing of payment details, and the provision of support services;

 

 

8.5.2.3.

Facilitate the operation of our group of businesses, where it is in our legitimate interests and we have concluded these are not overridden by your rights; or

 

 

8.5.2.4.

Meet any legal requirement to transfer such personal data outside the EEA.

8.6.

Rights and How You Can Exercise Them:

 

8.6.1.

Within the limits of the regulations in force, you have the following rights:

 

Right to Access Personal Data

You may access your personal data processed by RMS and receive an electronic copy.

 

Right to Rectification

This right allows you to correct inaccurate data about you (incorrect age or address without the apartment number) relative to the purpose for the processing.

 

Right to Erasure

You have the right to request RMS erase your personal data under certain conditions and subject to exceptions provisions.

 

Right to Restrict Data Processing

You may request that the processing of your data be restricted if you dispute its accuracy or object to its processing.

 

Right to Data Portability

Where the processing is based on your consent or a contract, you may receive the personal data you provided to RMS in a structed and commonly used format in order to transmit such data to another controller.

 

Right to Object to Data Processing

You may object to your data being used by RMS for a specific purpose by indicating the reasons relating to your particular situation.

 

8.6.2.

You may exercise your rights or seek further information on your rights by sending an email to privacy@rmsothebys.com or calling (519) 352.4575 asking to speak to the privacy officer or writing to the RM Sotheby’s c/o Privacy Officer, Blenheim, Ontario, Canada N0P 1A0.

Terms of Use of RMSOTHEBYS.COM

This is the Acceptable Use Policy agreement for www.rmsothebys.com. This Site is owned and operated by RM Auctions, Inc. d.b.a. RM Sotheby's (“RMS”)

Copyrighted Information

Unless otherwise noted, all information, text, articles, data, images, or other materials contained on any page within this Site are copyrighted by RMS or a third party (the "Copyright Holder"). Title to such copyrighted materials will at all times remain with the Copyright Holder. You may not edit, modify, or make commercial use of such copyrighted materials without the express, prior written consent of the Copyright Holder. You may only use, download, or copy any materials contained on the Site for informational and non-commercial or personal use in accordance with these terms and conditions. You may not reproduce, distribute, or retransmit the information contained on this Site for any other purpose. RMS. MAY REVOKE ANY OF THE FOREGOING RIGHTS, AS WELL AS ANY ACCESS AND USE AUTHORIZATIONS GRANTED TO USERS OF THE SITE AT ANY TIME.

Use of Site

RMS provides the information contained on this Site only on the express conditions herein provided. By using any of the functions on this Site, you agree that you will use the information provided only for your non-commercial, personal use. You agree not to distribute or transmit, modify, reuse, report, or otherwise use such information for public or commercial purposes. You further agree that a breach of this Agreement by you will cause irreparable harm to RMS, and that RMS shall be entitled to injunctive relief without the need to prove irreparable damages.

Accuracy of Information

RMS uses commercially reasonable efforts to assure the accuracy of the information on this Site. All Information contained on this Site, however, may be changed and updated at any time without notice, and it may contain errors or inaccuracies. This Site also contains information provided by third parties. RMS makes no representation or warranty regarding the accuracy, truth, quality, suitability, or reliability of such information, and RMS is not responsible for any errors, omissions, or inaccuracies contained in any information provided by such third parties.

Limitation on Liability

THE ENTIRE CONTENTS OF THIS SITE ARE PROVIDED "AS IS," AND RMS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY KIND WITH RESPECT TO THIS SITE OR ITS CONTENTS. NEITHER RMS, NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR ANY INFORMATION CONTAINED HEREIN, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.

RMS assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing on the Site, or your downloading of any materials, data, text, images, video, or audio from the Site.

Links to Third-Party Sites

Any other websites that are accessible via link on this Site are not under the control of RMS. RMS is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to the information contained in such sites. RMS provides the linked sites to you only as a convenience, and the inclusion of any such link on the Site does not imply RMS’ endorsement of the site, the organization operating such site, or any products or services of that organization. Your linking to any off-site pages or other sites is entirely at your own risk.

Site Access Limited License

RM grants you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of RMS. This license does not include any resale or commercial use of this Site or its contents, and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of our website or any online auction being conducted on our Site. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of RMS and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing RMS’ or its affiliates' names or trademarks without the express written consent of RMS. Any unauthorized use terminates the permission or license granted by RMS. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the homepage of RMS so long as the link does not portray RMS, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any RMS or affiliate logo or other proprietary graphic or trademark as part of the link without express written permission. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our Site is updated on a real-time basis and is proprietary or licensed to RMS by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from our website without the prior expressed written permission of RMS or the appropriate third party.

Materials Submitted to RMS in Print or on Website

If you send any communications or materials to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, all such communications are, and will be, treated as non-confidential and non-proprietary. Anything you transmit or post may be used by RMS or its affiliates for any purpose, including, but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, RMS is free to use, without any compensation to you, any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including, but not limited to developing, manufacturing, and marketing products and services using such information.

Revisions to Acceptable Use Policy

RMS may at any time revise this Acceptable Use Policy by updating this posting. Since you are bound by this Acceptable Use Policy, you should therefore periodically visit this page by clicking the Acceptable Use Policy hyperlink at the bottom of the RMS webpages to review the then-current Acceptable Use Policy.

Governing Law

This Acceptable Use Policy shall be interpreted in accordance with the laws of the Province of Ontario, Canada, without regard to choice of law principles. Any dispute, claim, or controversy arising out of or relating to this Acceptable Use Policy or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this Acceptable Use Policy shall exclusively be subject to arbitration, and shall first be subject to mediation as a condition precedent to arbitration. If mediation is unsuccessful, the parties shall proceed to arbitration near Toronto, Ontario, before one arbitrator and all proceedings shall be conducted in English. The mediation and arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures or pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. In the event that either party brings action against the other, arising from or relating to this Acceptable Use Policy, the prevailing party, as determined by the arbitrator or court, shall be entitled to recover its reasonable attorneys’ fees and costs, including through appeals.