Privacy Policy

In our User Privacy Notice we have compiled all essential information about our handling of your personal data and your corresponding rights for you.

 

User Privacy Notice

This User Privacy Notice also applies if explicit reference is made to it via a link or in a similar manner, e.g. on websites of partners on which Services from Shop Whidbey are offered.

We may change this User Privacy Notice at any time by posting the revised User Privacy Notice on this website and indicating the effective date of the revised User Privacy Notice. You will be notified of any material changes to this User Privacy Notice via My Messages in Shop Whidbey and/or by email.

Use of the Services

Which Shop Whidbey company is responsible for the collection and processing of your personal data in connection with the provision of the Services depends on how you use our Services.

The following Shop Whidbey company is responsible for the collection and processing of your personal data in connection with the provision of our Services (except payment services for sellers), depending on the region in which you are located:

Use of the payment services for sellers is PayPal

The following company is responsible for the collection and processing of your personal data in connection with the provision of our payment services to sellers, depending on which region you are located in and whether we provide our payment services there: We use USA Paypal which is governed under it's terms and conditions.

What personal data we collect and process

We collect your personal data when you use our Services, create a new Shop Whidbey account, provide us with information via a web form, add or update information in your Shop Whidbey account, participate in online community discussions or otherwise interact with us. We also collect personal data from other sources (such as credit agencies or bureaus). 

Personal data you provide when using our Services or creating an Shop Whidbey account

·         Data that identifies you, such as your name, address, telephone numbers or email addresses, your user name, or your VAT identification number that you provide when setting up your Shop Whidbey account or at a later date, and additional identification data and tax identification numbers that you provide when using our payment services as a seller.

·         Data regarding bids, purchases, or sales that you provide in a transaction.

·         You may provide us with additional information through a web form or by updating or adding information to your Shop Whidbey account, by participating in community discussions, member chats, inquiries, dispute resolution, customer service calls recorded with your consent, or if you contact us for any other reason regarding our Services.

·         Other data that we are required or entitled by applicable law to collect and process and that we need for your authentication or identification, or for the verification of the data we collect.

Personal data we collect automatically when you use our Services or create a Shop Whidbey account

·         Data that is generated as part of one of your transactions (bids, purchases, sales) or that is linked to your Shop Whidbey account as a result of a transaction in which you are involved, such as transaction amounts, time and location of transactions and payment methods.

·         Data that is generated through your other actions when you use our Services and which is linked to your Shop Whidbey account, e.g. when you place items in your shopping cart, place items on the watch list, save sellers, searches or interests, or follow users.

·         Data regarding all other interactions with our Services, your advertising preferences, and your communications with us.

·         Location data, including the location data of your mobile device. Please note that for most mobile devices, you can manage or disable the use of location services for all applications in the settings menu of your mobile device.

·         Computer and connection information, such as statistics regarding your use of services from Shop Whidbey, information on data traffic to and from websites, referral URL, information on advertisements, your IP address, your access times, your browser history data, your language settings and your weblog information.



Personal data we collect in connection with the use of cookies and similar technologies

We use cookies, web beacons and similar technologies to collect data while you use our Services. We collect this data from the devices (including mobile devices) that you use our Services with. The data collected includes the following usage- and device-related information:

·         Data about the pages you visit, the access time, frequency and duration of visits, the links on which you click and other actions you take as part of your use of our Services and in advertising and email content.

·         Data about your activities and interactions with our advertising partners including data about the advertisements you were shown, how often they were shown, when and where they were shown, and whether you took any action, such as clicking on an advertisement or making a purchase.

·         Your user segment.

·         Model or device type, operating system and version, browser type and settings, device ID or individual device identifier, advertisement ID, individual device token, and cookie-related data (e.g. cookie ID).

·         The IP address from which your device accesses the Services.

Personal data from other sources

We also collect personal data about you from other sources and from third parties to the extent permitted by applicable law. In particular, this includes the following data:

·         Data from public sources (e.g. demographic data)

·         Data from credit agencies or bureaus (e.g. credit reports/checks)

·         Data from data providers (e.g. demographic, interest-based and online advertising related data)

With regard to our payment services for sellers: data from government or other sources concerning any previous convictions of the respective seller, to the extent permitted by applicable law. We combine or connect the personal data we collect from you with data from these other sources. Where personal data is disclosed to us by third parties, we take steps to confirm that the information has been collected with your consent and/or that these third parties are otherwise legally permitted to disclose your personal data to us.

Social network data you share with us

·         We allow you to share personal data with social networks, to use social networks to create an Shop Whidbey account or to link your Shop Whidbey account to a social network. These social networks may automatically provide us with access to certain personal data they have stored about you (e.g. content you have viewed or enjoyed, information about the advertisements you have been shown or clicked on, etc.). You can determine the personal data that we can access through the privacy settings of each social network.

·         If you give us access to video content pages, your grant of access is your consent that we may, for at least two years, or until you withdraw your consent or are no longer connected to the social network, share with and collect from social networks information regarding your viewing of videos.

·         We may also use plug-ins or other technologies from various social networks. If you click on a link displayed through a social network plug-in, you voluntarily connect to that social network.



Purposes and legal basis for data processing and categories of recipients

We process your personal data for various purposes and pursuant to various legal bases. We process your personal data primarily to provide and improve our Services, to provide you with a personalized user experience on this website, to contact you about your Shop Whidbey account and our Services, to provide customer service, to provide you with personalized advertising and marketing communications, and to detect, prevent, mitigate and investigate fraudulent or illegal activity. We also share your information with third parties for these purposes.

We process your personal data in order to fulfil our contract with you and to provide you with our Services. This includes the following purposes:

·         Processing of data relating to you or your company for the purpose of entering into a contract with you and executing it.

·         Provision of our Services, including but not limited to enabling and performing transactions with other users (including the transmission of your personal data to other users where necessary to perform the transaction, including in cases of terminated, failed or subsequently voided transactions), providing and enhancing features such as payment processing, ratings and Shop Whidbey account management, providing other services you may use (as described in connection with such services), and ensuring the functionality of our Services. In connection with the provision of our Services, we will send you notifications relating to the execution of transactions and the use of our Services in accordance with the communication preferences in your Shop Whidbey account.

·         Enabling the delivery of purchased items by logistics/shipping service providers including notifications in connection with the delivery (such as tracking information), the latter to the extent permitted by applicable law without your consent.

·         Provision of our payment services.

·         Solution of problems with your Shop Whidbey account, arbitration of disputes, providing other services within the scope of customer service as well as enforcement of fee claims. For these purposes, we may contact you via notification in Shop Whidbey, email, telephone, SMS, push notification on your mobile device or by mail. If we contact you by telephone, in order to ensure efficiency, we may use automatically dialed calls with tape announcements or automated text messages in accordance with our User Agreement and Payments Services Agreement, to the extent permitted by applicable law.

·         Processing of general location data (such as IP address or postal code) in order to provide you with location-based services (such as radius search and other content that is personalized on the basis of your general location data).

·         Enforcement of our User Agreement, the Payments Services Agreement, this User Privacy Notice and other rules and policies.

·         Publication and promotion of your listings and related content on the websites or in the applications, services and tools of other Shop Whidbey family members or cooperating third party operators of websites, applications, services and tools. When we share the content of your listings and any related personal data with third parties, we do so only on the basis of an agreement that limits the use of such personal data by the third party to the purposes necessary to fulfil its contractual obligations to us. Third party providers are contractually obliged to take appropriate security measures with regard to this data. Third party providers are strictly forbidden to pass on personal data contained in your listings to other third parties.

 

Where necessary, we transmit your personal data to processors and the following recipients for one or several of the purposes described above:

·         Other Shop Whidbey users

·         External service providers and shipping companies (such as DHL, UPS etc.)

·         Payment service providers including the PayPal Inc. group of companies

·         External operators of websites, applications, services and tools

We process your personal data in order to comply with legal obligations to which we are subject. This includes the following purposes:

·         Participation in proceedings (including judicial proceedings) conducted by public authorities or government agencies, in particular, for the purpose of detecting, investigating and prosecuting illegal acts.

·         Prevention, detection and mitigation of illegal activities (e.g. fraud, money laundering and terrorist financing).

·         Ensuring the information security of our Services.

 

Where necessary, we transmit your personal data to processors and the following recipients for one or several of the purposes described above:

 

·         Law enforcement agencies, courts, government agencies or public authorities, intergovernmental or supranational bodies (in connection with our payment services provided in the EU for sellers in particular with regard to compliance with Luxembourg laws concerning FATCA dated July 7, 2015 and concerning the OECD Common Reporting Standard dated December 18, 2015).

·         Third party service providers

·         Third parties who are involved in judicial proceedings, in particular, if they submit a legal order, court order or equivalent legal order to us.

·         Credit agencies bureaus or associations, if required by applicable law (e.g. information on payment delays, payment defaults or other irregularities that may be relevant to your credit report).

We process your personal data in order to protect your vital interests or the vital interests of another natural person. This includes the following purposes:

·         Prevention, detection, mitigation and investigation of unlawful activities that may result in impairment of your vital interests or the vital interests of another natural person, unless there is a statutory obligation to this effect.

 

Where necessary, we transmit your personal data to processors and the following recipients for one or several of the purposes described above:

·         Law enforcement agencies, courts, government agencies or public authorities, intergovernmental or supranational bodies

·         Third parties who are involved in judicial proceedings

We process your personal data where necessary for the purposes of the legitimate interests pursued by us or by a third party, except where such interests are overridden by your interests or fundamental rights and freedoms. In order to reconcile our legitimate interests with your rights, we have introduced appropriate control mechanisms. On this basis, we process your data for the following purposes:

·         Participation in proceedings (including judicial proceedings) conducted by courts, law enforcement agencies, government agencies or public authorities, intergovernmental or supranational bodies, in particular for the purpose of detecting, investigating and prosecuting illegal acts, unless there is a statutory obligation to this effect, and we may legitimately assume that the disclosure of the data is necessary to avert imminent disadvantages or to report a suspicion of an illegal act. In such cases, we will only disclose what we believe is nec