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

This User Privacy Notice is effective from Jan 30, 2020. You can view the previous User Privacy Notice

1.      Scope and updates of this User Privacy Notice

This User Privacy Notice applies to your use of this website and all smartCommerce applications, services (including payment services), products and tools (collectively the "Services"), regardless of how you access or use these Services, including access via mobile devices and apps. 

2.      Data protection officer and contact

In this country, where we are required to do so by law, we have appointed data protection officers to oversee the protection of your personal data. If you have any questions about this User Privacy Notice or about data protection at smartCommerce in general, you can contact the data protection officer responsible for your country at any time. You will find the contact details of your data protection officer in our smatCommerce Privacy Center. 

Furthermore, if you have any questions or complaints regarding this User Privacy Notice, our global privacy standards, our handling of personal data, you can also contact the smartcommerce Privacy Team or the controller who is responsible for the processing of your personal data at any time. This applies regardless of whether we have appointed a data protection officer in your country or not. You can find all necessary information and contact details including a contact form in our smartCommerce Privacy Center.

 

3.      What personal data we collect and process

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

In total, we collect the following personal data:

3.1 Personal data you provide when using our Services or creating an smartCommerce 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 smartCommerce 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.
  • Content that you share with other users through our messaging tools (see filtering of messages sent via our messaging tools under section on other important information regarding data protection for more information).
  • Financial information (e.g. credit card and account numbers, payment details) in connection with a transaction.
  • Shipping, billing, and other information you provide in connection with the purchase or shipping of an item, as well as information required for customs clearance (such as tax identification numbers or other identification numbers) and relevant shipping information (such as shipment numbers and tracking information) if shipped through one of our programs.
  • In some cases: age, gender, country of birth, nationality, employment status, family status, interests and preferences.
  • You may provide us with additional information through a web form or by updating or adding information to your smartCommerce 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. 

3.2 Personal data we collect automatically when you use our Services or create an smartCommerce account

  • Data that is generated as part of one of your transactions (bids, purchases, sales) or that is linked to your smartCommerce 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 smartCommerce 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 smartCommerce, 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.

3.3 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.
  • Location data, including the location data of your mobile device. Please note that most mobile devices allow you to manage or disable the use of location services for all applications in the settings menu.

For more information about our use of these technologies and your choices, see Cookies & similar technologies.

3.4 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. We also receive access to personal data about you from other members of the smartCommerce family.

3.5 Social network data you share with us

  • We allow you to share personal data with social networks, to use social networks to create an smartCommerce account or to link your smartCommerce 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.

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

·         Other samrtCommerce users corporate family members.

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

Payment service providers including the SSL Inc. group of companies

External operators of websites, applications, services and tools

Automated decision-making, we use technologies that are considered automated decision making or profiling. We will not make any automated decisions about you that would significantly affect you unless such a decision is necessary for entering into or the performance of, a contract with you, we have obtained your consent, or we are required by applicable law to use such technology. You will find information on your right to object to this processing of your data below under Rights as a data subject.

5.      Storage duration and erasure  

Your personal data will be stored by us and our service providers in accordance with applicable data protection laws to the extent necessary for the processing purposes set out in this User Privacy Notice (see Purposes and legal basis for data processing and categories of recipients for more information on the processing purposes). Subsequently, we will delete your personal data in accordance with our data retention and deletion policy or take steps to properly render the data anonymous, unless we are legally obliged to keep your personal data longer (e.g. for tax, accounting or auditing purposes). As far as legally permissible or required, we restrict the processing of your data instead of deleting it (e.g. by restricting access to it). This applies in particular to cases where we may still need the data for the execution of the contract or for the assertion of or defense against legal claims. In these cases, the duration of the restriction of processing depends on the respective statutory limitation or retention periods. The data will be deleted after the relevant limitation or retention periods have expired.

 

The specific retention periods for personal data are documented in our regional data retention guidelines. How long we retain personal data may vary depending on the Services we provide and our legal obligations under applicable national law. The following factors typically affect the retention period:

·         Necessity for the provision of our Services
This includes such things as executing the User Agreement with you, maintaining and improving the performance of our products, keeping our systems secure, and maintaining appropriate business and financial records. Most of our retention periods are determined on the basis of this general rule.

·         Special categories of personal data
If we store special categories of personal data, a shorter retention period is usually appropriate.

·         Consent-based processing of personal data
If we process personal data on the basis of consent (including consent to the extended storage), we store the data for as long as necessary in order to process it according to your consent.

·         Statutory, contractual or other similar obligations
Corresponding storage obligations may arise, for example, from laws or official orders. It may also be necessary to store personal data with regard to pending or future legal disputes. Personal data contained in contracts, notifications and business letters may be subject to statutory storage obligations depending on national law.

 

6.      Rights as a data subject 

Subject to possible restrictions under national law, as a data subject, you have the right to access, rectification, and erasure, restriction of processing and data portability with regard to your personal data. In addition, you can withdraw your consent and object to our processing of your personal data on the basis of legitimate interests. You can also lodge a complaint with a supervisory authority.

Your rights in detail:

  • You can withdraw your consent to the processing of your personal data by us at any time. As a result, we may no longer process your personal data based on this consent in the future. The withdrawal of consent has no effect on the lawfulness of processing based on consent before its withdrawal.
  • You have the right to obtain access to your personal data that is being processed by us. In particular, you may request information on the purposes of the processing, the categories of personal data concerned, the categories of recipients to whom the personal data have been or will be disclosed, the envisaged period for which the personal data will be stored, the existence of the right to request rectification or erasure of personal data or restriction of processing of personal data or to object to such processing, the right to lodge a complaint with a supervisory authority, any available information as to the personal data’s source (where they are not collected from you), the existence of automated decision-making, including profiling and, where appropriate, meaningful information on its details. Your right to access may be limited by national law.
  • You have the right to obtain from us without undue delay the rectification of inaccurate personal data concerning you. Taking into account the purposes of the processing, you have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
  • You have the right to obtain from us the erasure of personal data concerning you, unless processing is necessary for exercising the right of freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the establishment, exercise or defense of legal claims. The right to erasure may be limited by national law.
  • You have the right to obtain from us restriction of processing to the extent that
  • the accuracy of the data is disputed by you,
  • the processing is unlawful, but you oppose the erasure of the personal data,
  • we no longer need the data, but you need it to assert, exercise or defend legal claims or
  • You have objected to the processing.
  • You have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller ("right to data portability").
  • You have the right to lodge a complaint with a supervisory authority. As a rule, you can contact the supervisory authority of your usual place of residence, your place of work or the registered office of the controller.

If your personal data is processed on the basis of legitimate interests, you have the right to object to the processing of your personal data on grounds relating to your particular situation. This also applies to profiling. If your personal data is processed by us for direct marketing purposes, you have the right to object at any time to the processing of your personal data for such marketing, which includes profiling to the extent that it is related to such direct marketing.

The exercise of the above data subjects' rights (e.g. right to access or erasure) is generally free of charge. Where requests are manifestly unfounded or excessive, in particular because of their repetitive character, we may charge an appropriate fee (at most our actual costs) in accordance with the applicable statutory regulations or refuse to process the application.

Exercising your rights and managing your settings

You can exercise your rights as a data subject via our contact forms. In addition, you are of course free to contact us in any other way.

If you would like to change your preferences regarding smartCommerce notifications (including marketing communications), you can do so at any time in My smartCommerce under "Communication Preferences". If you do not wish to receive marketing communications from us, you can also unsubscribe by clicking on the link in the email you received. For technical reasons, the implementation may take a few days. For information on how to manage your cookie and similar technology preferences, see the next section Cookies & similar technologies.

 

7.      Cookies & similar technologies  

When you use our Services, we and selected third parties may use cookies and similar technologies to provide you with a better, faster and safer user experience or to show you personalized advertising. Cookies are small text files that are automatically created by your browser and stored on your device when you use the Services. You can find detailed information about our use of cookies and similar technologies and your choices in our User Cookie Notice.

 

Our cookies and similar technologies have different functions:

·         They may be technically necessary for the provision of our Services

·         They help us optimize our Services technically (e.g. monitoring of error messages and loading times)

·         They help us improve your user experience (e.g. save font size and form data entered)

·         They allow us to show you more relevant advertisements

We use cookies and similar technologies that remain on your device only as long as your browser is active (session cookies), as well as cookies and similar technologies that remain on your device longer (permanent cookies). Where possible, we take appropriate security measures to prevent unauthorized access to our cookies and similar technologies. A unique ID ensures that only we and/or selected third parties have access to cookie data.

Your choices regarding cookies

You are free to disable the use of cookies and similar technologies if this is supported by your device. You can manage your cookie settings in your browser or device settings. If you decide not to have your personal data processed by us for advertising purposes via cookies (and similar technologies), this does not mean that we will not show you advertisements. It simply means that these advertisements will not be personalized for you using first-party or third-party cookies, web beacons, or similar technologies.

8.      Data security  

We protect your personal data through technical and organizational security measures to minimize risks associated with data loss, misuse, unauthorized access and unauthorized disclosure and alteration. To this end we use firewalls and data encryption, for example, as well as physical access restrictions for our data centers and authorization controls for data access. You can find further information on data security in our Security Center.