EFFECTIVE DATE: 11/01/2022
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Communications From Sellbery
To improve Our Services, We may ask Users to complete surveys that We use for research purposes, although Users do not have to respond to them. We may periodically send Users information regarding the Services, updates, promotional emails, new products, special offers, or other information which We think Users may find interesting. The information will be sent to Users via email, push notifications, internal messaging, and/or another form of the notification system. In such cases, We will use the email address or other contact information provided to Us by the User.
Information We May Collect From Users
Each User agrees that Sellbery may collect the following information about them: Name, contact information, including email address, phone number, age, gender, IP (Internet Protocol) address, the information supplied during the processing of registering with Us, data usage trends, data showing the effectiveness of promotional campaigns, browser information, demographic information, browsing preferences, browsing data, the type of device being used, Website usage information, information regarding any URLs used with the Services, data regarding the use of Our Services, other information relevant to surveys and/or offers, and any other information We are legally allowed to collect. We require this information to provide Users with better Services.
Accessing or Signing up Through a Third-party App or Website
We may receive personal information and data about Users from third parties and combine that with information and data We collect through Our Website. For example, We may obtain information and data when Users login through a third-party social media Website, website, or authentication service, such as Facebook, Google, Reddit, and Discord. Such information and data may include email address, name, phone number, physical address, address book, contacts, and other personally identifying information. Similarly, when You interact with Us through a social media Website or third-party service, such as when You like, follow or share Sellbery content on Facebook, Twitter, or other Websites or websites, We may receive information that You permit those other Websites or websites to share with third parties. The information and data We receive from these third-party sites is dependent upon that third party’s policies and your privacy settings with them.
Heat Map and Tracking Software
We may use a Heat Map Tracking Tool (“HMTT”) to track mouse movements of Users on Our Website. The HMTT is a product experience insights tool that gives Us behavior analytics and feedback data to help Us understand Our Users through tools like heatmaps, session recordings, surveys, and an incoming feedback widget.
We may use various types of tracking software (“Tracking Software”) to track mouse movement, scrolling, and clicks on Our Website in order to better understand Our Users’ needs and to optimize the use of Our Services. The most common form of Tracking Software is referred to as a “heat map” and the forms of heat maps include scroll maps, click maps, and movement maps. Heat maps are graphical representations of data where values are depicted by color. Users specifically agree to Our use of Tracking Software and heat maps.
Our Tracking Software may capture screenshots of Users’ mouse movements, scrolling, and clicking habits which helps Us understand what Users want, care about, and do on Our Website by visually representing their clicks, taps, and scrolling behavior. Some of the reasons why We use heat map software are as follows: to see if Users are reaching important Content or failing to see it, to find and use a page’s main links, buttons, opt-ins, and CTAs, to see if Users are getting distracted by non-clickable elements, and to compare usage against mobile, tablet and desktop devices.
The HMTT complements the data and insights We get from traditional product and web analytics tools like Google Analytics or Mixpanel. It’s an industry-leading and easy-to-use service that combines product experience insights, User behavior analysis, and User feedback to help Us connect the dots between what’s happening on Our Website, and why it happens.
Heatmaps show Us an aggregate of User behavior on individual Website pages showing where Users click and scroll, what they are interested in, and what part of the page they may interact with and find useful.
Website heatmaps visualize the most popular (hot) and unpopular (cold) elements of Our Website using colors on a scale from red to blue.
By aggregating User behavior, heatmaps facilitate Our data analysis and give Us an at-a-glance understanding of how Users are interacting with various parts of Our Website —what they click on, scroll through, or ignore—which helps Us identify trends and optimize Our Website for further engagement.
We will solely process this personal data obtained through our HMTT in accordance with Article 6(1)(b) GDPR. As a User of Our Website, the legal basis for Us to process Your personal data is Article 6(1)(f) GDPR.
Benchmarking. We reserve the right to use and retain Your personal data in a de-identified and/or aggregated form to improve Our Website and for statistical and benchmarking purposes, including enabling comparisons within the same industry to enhance the insights collected through Our Website. Benchmarks look at all collected metrics and compare them to others of the same nature. These de-identified and/or aggregated benchmarks may be published and shared publicly within Our Website or in the form of other content We publish which may show a summary of results for a certain category or question type. No Data which can individually identify Users will ever be shown in this statistical or benchmark data.
Mouse Tracking and Recording Tool (“MTRT”)
Storage and Processing. Your information collected through this MTRT may be stored and processed in the United States, Europe, or any other country in which the MTRT or its subsidiaries, affiliates or service providers maintain facilities. This MTRT may transfer information that We collect about You, including personal information, to affiliated entities, or to other third parties across borders and from Your country or jurisdiction to other countries or jurisdictions around the world. If You are located in the European Union or European Economic Area, please note that we will not transfer information, including personal data, to a country outside of the European Union or European Economic Area.
We use multiple server-based web analytics tools provided by service partners such as Google Analytics to collect information about how You interact with Our Website or mobile applications, including what pages You visit, what site You visited prior to visiting Our Website, how much time You spend on each page, what operating system and web browser You use and network and IP information. We use the information provided by these tools to improve Our Services. These tools place persistent cookies in Your browser to identify You as a unique user the next time You visit Our Website. Each cookie cannot be used by anyone other than the service provider (example: Google for Google Analytics). The information collected from the cookie may be transmitted to and stored by these service partners on servers in a country other than the country in which You reside. The information collected is used and shared by these service providers in accordance with their individual privacy policies. You can control the technologies We use by utilizing settings in Your browser or third-party tools.
Targeted ads or interest-based offers may be presented to You based on Your activities on Our webpages, and other sites linked to Our Website and based on the products You currently own. These offers will display as varying product banners presented to You while browsing. We also partner with third parties to manage Our advertising. Our third-party partners may use technologies such as cookies to gather information about such activities in order to provide You with advertising based upon Your browsing activities and interests and to measure advertising effectiveness. If You are in the US or Canada and wish to opt-out of interest-based advertising visit http://preferences-mgr.truste.com If You are located in the European Union visit www.youronlinechoices.eu. Please note You will continue to receive generic ads.
What We Do With the Information We Gather
Each User agrees that Sellbery may use the information We gather as follows: In order to process a User’s purchase of Services, We must share certain personal information every time a User signs up for Our Services. Such information may include the User’s email address, physical address, phone number, and credit card information. Our service representatives may use Your telephone number or e-mail address to notify You of the status of Your purchase as necessary and appropriate. We may share User information with vendors, business clients, and other third-party providers who are performing services for Us. We may also use User information for internal record keeping and data analysis. For Our statistical purposes, We gather details of User visits to Our Website and the information that Users access, including, but not limited to, traffic data, location data, browser usage, page visits, weblogs, and other communication data. When Users contact Us, We may keep a record of that correspondence. We also use Users information to ensure that Content from Our Website is presented in the most effective manner for a computer or mobile devices.
From time to time, personal financial information (including credit card information) may be transmitted to facilitate transactions with Us between Users who are purchasing Our Services. We will not share such personal financial information with third parties other than those third parties such as banks, processing gateways, and merchant processors required to process a User’s purchase, and Users understand that We cannot control how the banks, processing gateways or merchant processors will use such personal financial information. Therefore, Users using this Website and the Services hereby consent to such sharing of personal financial information. Each User agrees to assume the risk and agrees that it is their responsibility to properly handle, secure, not store and destroy such personal financial information as may be necessary to protect it from misuse. Sellbery shall not be liable to Users or any third party for misuse of such Content or personal financial information.
We may disclose information We collect from Users to an affiliate or other third party in the event of any merger, sale, joint venture, assignment, reorganization, liquidation, transfer or other disposition of all or any portion of Our business, assets, or stock. We may also use aggregate personal information and data for regulatory compliance, industry and market analysis, research, demographic profiling, marketing and advertising, and other business purposes as long as the end-product does not uniquely identify You or any other User of Our Website.
We may use third-party advertising companies to serve ads when Users visit Our Website. These third-party advertising companies may use advertising technologies such as cookies, web beacons, and other similar advertising technologies. These companies may use aggregated information about Your visits to Our Website and third-party sites in order to provide advertisements and promotions about Our Products and Services that We believe Users may find of interest.
Social Media, Posts, Texts, Forums, and Profiles
Each User agrees that Sellbery may make available through Our Website, third-party sites, or the Services certain forms of media either now existing or to be created in the future (for example, social media, message boards, chat functionality, videos, pictures, images, profile pages, text messaging and blogs) to which Users may be able to post Content. Please note that any Content, We, RSS providers, outside third parties, or Users provide on these various forms of media may become public, and may be available to visitors to Our Website, third party sites, and to the general public, including without limitation the ratings and reviews that accompany any pages on Our Website and third-party sites. We urge Users to exercise discretion and good manners when providing Content and deciding to disclose any personal information.
EACH USER AND CUSTOMER AGREES THAT WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS CAUSED BY OUR USE OR THE USE BY ANY UNAUTHORIZED PERSON OR ENTITY, OF ANY CONTENT THAT USERS DISCLOSE THROUGH OUR WEBSITE, THIRD-PARTY SITES, OR THE USE OF THE SERVICES.
Compliance and Protection
We may use Personal Data to (legal basis for the respective processing in parentheses):
- protect Our Users rights, privacy, safety or property including by making and defending legal claims (Article 6(1)(b), (c) or (f) GDPR);
- audit Our internal processes for compliance with legal and contractual requirements and internal policies (Article 6(1)(f) GDPR);
- enforce Our Terms of Service (Article 6(1)(b) or (f) GDPR);
- protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft (Article 6(1)(f) GDPR); and
- comply with the Applicable Law, lawful requests and legal process, such as to respond to subpoenas or requests from government authorities (Article 6(1)(c) or (f) GDPR).
The legal basis for aggregating/anonymizing this Personal Data is Article 6(1)(f) GDPR.
Other Purposes with Your Consent
In some cases, We may ask You for consent (unless You have previously given it to Us) to collect, use or share Personal Data for other purposes. For example, We may ask You for consent to send marketing emails where required by law or to post testimonials or endorsements. In such cases, there will always be the ability to deny or revoke consent if desired. The legal basis for the data processing is under Article 6(1)(a) GDPR.
Information About Your Device and its Software
Information about Your device and its software includes Your IP address, browser type, internet service provider, device type/model/manufacturer, operating system, date and time stamp, and a unique ID that allows Us to identify Your browser, mobile device, or Your Account (including, for example, a persistent device identifier or an advertisement ID), and other similar information. We may also work with third-party partners to employ technologies, including statistical modeling tools, that permit Us to recognize and contact You across multiple devices. We use this device and software information to diagnose and fix technology problems, serve You personalized advertising, personalize Your experience, perform analytics/identify usage trends, and improve Our products and Services offered on or through Our Website.
Your rights as a data subject
According to the applicable laws, you have various rights regarding your personal data. If you wish to assert these rights, please send your request by e-mail or by post to the address specified in the section on the bottom of this Policy, clearly identifying yourself.
Right to acknowledgement and access
You have the right to receive confirmation from Us at any time as to whether personal data relating to you will be processed. If this is the case, you have the right to request from us free of charge information about the personal data stored about you together with a copy of this data.
If personal data are transferred to a third country or an international organization, you have the right to be informed of the appropriate guarantees in accordance with GDPR and US data protection laws in connection with the transfer.
Right to correction
You have the right to request Us to correct any inaccurate personal data concerning you without delay.
Right for cancellation (“Right for oblivion”)
As a pursuant under GDPR and US data protection laws, you have the right to demand that we delete personal data concerning you without delay, and we are obliged to delete personal data without delay if one of the following reasons applies:
- personal data are no longer necessary for the purposes for which they were collected or otherwise processed.
- you file an objection to the processing pursuant to GDPR and US data protection laws, and there are no overriding legitimate grounds for the processing, or you file an objection to the processing pursuant under conditions of GDPR and US data protection laws.
- you withdraw your consent, on which the processing was based pursuant according to GDPR and US data protection laws, and there is no other legal basis for the processing.
- the deletion of personal data is necessary to fulfill a legal obligation under Union law or the law of the Member States to which we are subject.
Right to limitation of processing
You have the right to request Us to restrict processing if one of the following conditions is met:
- you dispute the accuracy of your personal data for a period of time that enables us to verify the accuracy of your personal data;
- the processing is unlawful, and you have refused to delete the personal data and have instead requested the restriction of the use of the personal data;
- We no longer need the personal data for the purposes of processing, but you do need the data to assert, exercise or defend legal claims, or
- you have filed an objection against the processing pursuant according to GDPR and US data protection laws, as long as it is not yet clear whether the justified reasons of our company outweigh yours.
Right to transferability of data
You have the right to receive the personal data concerning you that you have provided to us in a structured, current and machine-readable format, and you have the right to transmit this data to another person in charge without our interference, provided that
- processing is based on consent or on a contract pursuant according to conditions of GDPR and US data protection laws and
- processing is carried out using automated methods. When exercising your right to data transferability in accordance with paragraph 1, you have the right to request that the personal data be transferred directly by us to another person responsible, insofar as this is technically feasible.
Right of objection
You have the right to object at any time, for reasons arising from your particular situation, to the processing of personal data concerning you on the basis of GDPR and US data protection laws; this also applies to profiling based on these provisions. We no longer process personal data unless we can prove compelling grounds for processing that outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.
If We process personal data for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for the purpose of such advertising.
You have the right to object to the processing of personal data concerning you, for scientific or historical research purposes or for statistical purposes in accordance with GDPR and US data protection laws, for reasons arising from your particular situation, unless the processing is necessary to fulfill a task in the public interest.
Automated decisions including profiling
You have the right not to be subject to a decision based exclusively on automated processing – including profiling – that has legal effect against you or significantly impairs you in a similar manner. An automated decision making based on the collected personal data does not take place.
Right to revoke consent under data protection law
You have the right to revoke your consent to the processing of personal data at any time.
Right of appeal to a supervisory authority
You have the right of appeal to a supervisory authority.
In particular, if you have US residentship, in the Member State where you are staying, working or suspected of having infringed the law, if you believe that the processing is unlawful.
Or, if you have EU/EEA residentship, and have a concern about our practices concerning the processing of Personal Data that we are not able to resolve, you have the right to lodge a complaint with the data protection authority where you reside or in which you work, or in which the alleged infringement occurred, each as applicable, or by contacting the authority for such issues, at https://edpb.europa.eu/about-edpb/about-edpb/members_en.
Alert Us in case one of Your children under 18 is using Our Website trying to get access to our services. We’ll take measures to block access to Our Website from Your IP address. All affiliate websites cooperating with Our Company will be blocked for your child as well.
Security Not Guaranteed
Sellbery uses reasonable organizational, technical, and administrative measures to protect each User’s personal information under Our control. However, We cannot guarantee 100% percent protection and security of such personal information. Please do not email or text Us credit card information and/or other sensitive information.
What We Don’t do with the Information We Gather
We will not disclose, sell, distribute, rent, lease or use any of a User’s data or pass on any such personal information to third parties, which are not Our officers, directors, members, managing members, employees, business partners, affiliates, strategic partners, licensors, licensees, independent contractors, third-party service providers, agents or representatives, unless We have Your permission or are required by law to do so.
We do not store Your credit card information. The credit card information and actual processing do not take place on and is not stored on Our servers. The transaction is processed on the servers of the particular credit card processor We use to process the transaction.
We are committed to ensuring that personal information is secure. All non-financial information and Site Content provided to Us is stored on Our secure servers. In order to prevent unauthorized access or disclosure, We have taken all reasonable steps and put in place suitable safeguards to secure the information We collect from Users online.
We use following types of cookie files:
- Essential Cookies
These cookies are always active and necessary to the core functionality of our website and some of its features, such as access to secure areas.
- Analytics and Customization Cookies
These cookies collect information that can help us understand how our websites are being used. This information can also be used to measure effectiveness in our marketing campaigns or to curate a personalized site experience for you.
- Advertising Cookies
These cookies are used to make advertising messages more relevant to you. They prevent the same ad from continuously reappearing, ensure that ads are properly displayed for advertisers, and in some cases select advertisements that are based on your interests.
An IP (Internet Protocol) Address is automatically assigned to the computer that someone is using by their Internet Service Provider (ISP) and is identified and logged automatically in Our server log files whenever someone visits Our Website. This also allows Us to identify the time(s) of visit(s) and the page(s) of Our Website that have been visited. Our collecting of IP Addresses is considered a standard practice on the Internet and is done by many third-party sites.
We may also obtain information about a User’s physical location, such as by use of GPS and other geolocation features in Your computer, laptop, or mobile device, or from other information, We collect. For example, a User’s IP Address indicates the general geographic region from which they are connecting to the Internet.
Links to Third-Party Sites
Access to and Control Over Information We Send Users
From time to time Sellbery may send Users emails about special offers, discounts, products, or Services available through the Sellbery Website. Users can opt-out of receiving Our emails by clicking the unsubscribe button in the email.
Notice to individuals in the State of California (USA)
Your Rights to Your Personal Information
California residents have the right to request that We (i) provide you with access to the Personal Information that we hold about you, (ii) correct your Personal Information, (iii) delete your Personal Information, and (iv) cease or restrict disclosures or sales of your Personal Information to third parties. You also have a right against discrimination for exercising any of these rights, which We are committed to upholding and honoring at all times.
Categories of Data that We Hold about You
As mentioned above, We maintain data about you in only pseudonymized form, which means that we do not know your identity because we do not process your name, email address, or other identifiable information. Instead, we only process digital identifiers such as cookie IDs, IP addresses, mobile advertising IDs on your device, network browsing history and associated preferences, and in some limited circumstances, your hashed email address.
Why We Collect Your Personal Information
We process your Personal Information in order to provide Services and personalized advertisements to You.
Where do We Collect Your Personal Information
We automatically collect User Information when Users interact with our Services that appear on our Customers’ websites and digital properties. Like most other web-based services, we collect this User Information through cookies and other technologies. We may also obtain Information about you from our data partners.
We collect Information either directly from you during your use of our Sites and Services or from third parties that independently collect this Information from you, and we may combine the Information that we collect from these various sources. For more information about these collection methods, please see Sections above.
How do We Share Your Personal Information
We may disclose or make available your pseudonymous Personal Information to our trusted partners. In most cases when we do so, we have contractually restricted their uses of this data for only Our business purposes. Under the CCPA, such disclosures of Personal Information to service providers are not deemed to be a “sale” and thus are not prohibited after you exercise your right to cease or restrict disclosures or sales of your Personal Information to third parties. In any instances where we have not entered into a service provider relationship with such third parties, we will stop sharing your Personal Information when you instruct us not to “sell” your Personal Information.
California Online Privacy Protection Act
According to CalOPPA we agree to the following:
- Users can visit our site anonymously;
Users are able to change their personal information by emailing us.
COPPA (Children Online Privacy Protection Act)
When it comes to the collection of personal information from children under 13, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, the nation’s consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.We do not specifically market to children under 13.
Fair Information Practices
- The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
- In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur
- We will notify the users via in site notification
- Within 7 business days
We also agree to the individual redress principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or a government agency to investigate and/or prosecute non-compliance by data processors.
CAN SPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
We collect your email address in order to:
- Send information, respond to inquiries, and/or other requests or questions;
- Process orders and to send information and updates pertaining to orders;
- We may also send you additional information related to your product and/or service.
To be in accordance with CAN SPAM we agree to the following:
- NOT use false, or misleading subjects or email addresses;
- Identify the message as an advertisement in some reasonable way;
- Include the physical address of our business or site headquarters;
- Monitor third party email marketing services for compliance, if one is used;
- Honor opt-out/unsubscribe requests quickly;
- Allow users to unsubscribe by using the link at the bottom of each email.
Notice to the citizens of Canada
Data subjects with a residentship in Canada have the following rights under the Privacy Act:
The right to access information – the right to both:
confirmation as to whether (or not) an agency holds information about that person; and access to such personal information, where such personal information may be readily retrieved.
The right to correction of information – the right to request correction of information. The agency must, on request or of its own initiative, take steps that are reasonable in the circumstances to ensure (having regard to the purposes for which the information may lawfully be used), the information is accurate, up to date, and not misleading.
In addition to the access and correction rights you may be entitled to exercise the right to:
object to the processing of your personal data (for instance, where we base the processing on our legitimate interests and we will stop processing your data. Except for processing related to direct marketing, we may resume processing if we can show legitimate grounds that override your rights;
request the restriction of processing of your personal data (for instance, if the data is not accurate and needs to be updated). This can also be done for data where the purposes of processing no longer apply, but you still need the data and do not want us to erase it;
request erasure of your personal data (for instance, if it’s no longer necessary for the purposes for which it was collected, if you have withdrawn consent or there is no other legal basis for processing, or if you have objected to the processing and our legitimate interests do not override your rights). Certain data may not be erased if we have a requirement to retain it for legal purposes;
request portability of your own personal data (the transfer of information you have provided to us, to another controller, in a structured, commonly used and machine-readable format), if such a request is technically possible to complete.
Also, according to Canadian legislation and specifically under both the Privacy Act (R.S.C., 1985, c. P-21) and the Personal Information Protection and Electronic Documents Act (PIPEDA) (S.C. 2000, c. 5, Assented to 2000-04-13), We collect personal information as defined by section 3 of the Privacy Act.
Notice to the citizens of Australia
The Australian Privacy Principles (or APPs) are the cornerstone of the privacy protection framework in the Privacy Act 1988 (Privacy Act). They apply to any organization or agency the Privacy Act covers.
There are 13 Australian Privacy Principles and they govern standards, rights and obligations.
The Privacy Act regulates the way individuals’ personal information is handled.
As an individual, the Privacy Act gives you greater control over the way that your personal information is handled. The Privacy Act allows you to:
- know why your personal information is being collected, how it will be used and who it will be disclosed to;
- have the option of not identifying yourself, or of using a pseudonym in certain circumstances;
- ask for access to your personal information (including your health information);
- stop receiving unwanted direct marketing;
- ask for your personal information that is incorrect to be corrected;
- make a complaint about an organization or agency the Privacy Act covers, if you think they’ve mishandled your personal information.
Notice to the citizens of Israel
Data protection in Israel is governed primarily by the Protection of Privacy Law, 5741-1981 (‘the Privacy Law’) and the regulations promulgated under it, the Basic Law: Human Dignity and Liberty, 5752-1992, and the guidelines of the Israeli regulator, the Privacy Protection Authority (‘PPA’) (formerly known as the Israel Law, Information, and Technology Authority (‘ILITA’)).
Data subjects with a residentship in Israel have the following rights under the Privacy Law:
Right to be informed
Upon collection of personal data from data subjects, a database owner must inform them: if they are under a legal duty to provide the data, the purpose of collection, and details of any third party that will receive the data and for what purpose.
Right to access
A database owner must either allow a data subject access to any data about him/her kept in the database or refuse to allow such access to the extent permitted by law.
Right to rectification and erasure
A database owner must respond to a data subject’s request to rectify or erase any data about him/her kept in the database.
Right to object/opt-out
The Privacy Law allows a data subject to object to the processing of data only by means of a civil suit based on the claim that the processing violates the data subject’s right to privacy. However, there is no established concept of a general right to object processing once the personal data has been provided for processing without violation of privacy (e.g., with the consent of the data subject).