Privacy Policy
(Last updated: January 1, 2023)
Your privacy is important to us. This policy explains what information we collect from you, how we use it, and when we may share it. Please read this policy carefully. By accepting our Terms of Service you acknowledge that you have been informed of, and consent to, our practices with regard to your personal information. If you do not want us to collect or process your information as described in this policy, you may not use our Services.
We may make changes to this policy from time-to-time, so you should review this policy regularly. We’ll notify you that changes have been made by revising the date at the top of this policy. In some cases, we may send you an email or other notification describing the change. Changes will be effective immediately. Your continued use of our Services after any change has been made will constitute your acceptance of that change.
If you are a California resident, please see the “Your California Privacy Rights” section below to learn about how we collect and use information about you, and how you may exercise your privacy rights
1. What This Policy Does (And Doesn’t) Covers
This policy applies to information that we collect or receive relating to your use of our our marketplace and the various other services we provide (our “Services”). This policy does not apply to the privacy practices of third parties, including third-party services that you may use as part of using our Services (see the “When We Share Information” below). We are not responsible for the privacy policies of these third parties, and we encourage you to read and understand those privacy policies before using their services.
2. Information We Collect And Receive
Account. We collect information that you provide to us when you sign up and use our Services, including: (a) your contact information, such as your name, email address, password, telephone number, and home address; (b) information you provide when listing an item for sale, including photos of items and written descriptions; (c) information you provide when purchasing an item or making an offer to purchase an item; and (d) information you provide when you contact us, such as for support purposes or to provide feedback.
Usage. Our servers collect basic non-personal information about your use of our Services, including: (a) information about the device you are using to access our Services; (b) your operating system and browser; (c) your internet service provider; (d) referring and exit pages; and (e) the date and time of your use. Some of this information is recorded in server and application logs. We collect this information to better understand how our customers use our Services, to improve their experience while using our Services, and to monitor the operation and security of our Services.
Cookies. We use cookies to help us identify and track usage of our Services. A cookie is a set of information that a website stores on your computer and that your browser provides to a website each time you return. We use information we collect from cookies to manage and improve our Services and your experience using our Services. For example, we may use cookies to remember your preferences, to protect your data, and to monitor the performance of our Services. If you do not wish to have cookies placed on your computer, you may set your browser to refuse cookies before using our Services. However, doing so may limit your ability to use our Services, or cause certain features of our Services to not function properly.
Third-Party Services. Third-party services are software that we integrate with our Services (such as for purposes of processing payments and shipping), or that we otherwise use to help us provide our Services (such as our customer success or messaging applications). We may exchange information with these third parties, including information relating to customer service interactions, payments, and shipping. For example, our Services are integrated with Stripe to allow sellers to accept credit card and other electronic payment methods for sales they make using our Services. Stripe may share some of this information with us.
Non-Members. We receive information (for example, email address) about a person who is not yet a registered member of our community in connection with certain features, such as when that person chooses to subscribe to a newsletter or contact us to request information. This information is used only for the purposes for which it was submitted to us, for purposes necessary to the functioning of our Services, to facilitate the transaction authorized by that person, or as otherwise described in this policy.
Analytics. We use data analytics software to ensure our Services are functioning properly and to improve the Services. This software records information such as what happens within the Services, aggregated usage, performance data, and errors and debugging information. We do not link the information we store within the analytics software to any personally identifiable information.
Third-Party Data. We may obtain information from other sources (such as parent companies, affiliates, subsidiaries, partners, and vendors) and combine that information with information that we collect directly in order to enhance our ability to serve you, prevent fraudulent transaction, or for other purposes described in this policy.
3. Information We Do Not Collect
We do not knowingly collect information from persons under the age of 13. Other countries may have different minimum age limits. If you are below the minimum age for providing consent for data collection in your country, you may not use our Services. We do not track your online browsing activity on other online services.
4. How We Use Information
We use the information we collect for our legitimate interests, including to: (a) provide, maintain, protect and improve our Services; (b) perform our contractual obligations with respect to Malaika, whose marketplace we operate; (c) develop new products and services; (d) respond to your requests for information; (e) investigate and respond to disputes between members; (f) send you services and other administrative emails or messages, or to inform you about changes to our Services; (g) enforce the terms that govern your use of our Services; (h) protect ourselves, our community, and our customers; (i) comply with our legal obligations or requests from law enforcement; and (k) perform analytics, conduct research, and analyze trends, usage, and activities relating to our Services (though this data will be in the aggregate and de-identified).
We may rely on your consent to use your personal information for certain direct marketing purposes, such as sending you marketing emails about new products or services. You may withdraw your consent at any time through the unsubscribe feature provided with each marketing email.
5. When We Share Information
Operating our Services. As part of using our Services, certain information that you provide will be shared publicly, such as your profile and your listings. Also, we will facilitate the sharing of information between the two people involved in a transaction, such as sharing the buyer’s name and shipping address with the seller for the purpose of shipping an order. In doing so, we may share your information with our third party partners such as our shipping partner, EasyPost, and our payment partner, Stripe. These partners will process your personal information in accordance with their own privacy policies. These partners, not us, are responsible for the protection of personal information under their control. By making a sale or a purchase using our Services, you are directing us to share your information as is needed to facilitate that sale or purchase. Since this is an important part of the Services we provide, we need to do this in order to perform our obligations under our Terms of Service.
Service Providers. We engage certain third-party service providers to help us operate, provide, and market our Services. These third parties’ access to your information is limited solely to perform these services on our behalf. We have a legitimate interest in working with these services providers to keep our Services operating and secure, or to make our Services better.
Contractual Obligations. We operate this marketplace on behalf of Malaika, who is our customer. We may share your information with Malaika for purposes of fulfilling our contractual obligations.
Professional Advisers. We may share your information with professional advisers, including our lawyers, bankers, auditors, insurers, and accountants, to the extent we have a legitimate interest in sharing your information with them.
Corporate Affiliates. We may share information with our corporate affiliates, parents, and/or subsidiaries.
Enforce our Rights and for Safety. We may may share your information to protect the rights, property, or personal safety of our company, employees, customers or the general public.
For Safety Reasons. we may share your information to enforce our Terms of Service, including to detect, prevent or address potential violations, fraud, security or technical issues.
Law Enforcement and Regulators. If we receive a request for information, we may disclose the requested information if we reasonably believe that we are required to do so by applicable law.
During a Change to our Business. If the ownership of all or substantially all of our business changes, we may share or transfer your information to the new owner so that we can continue to operate our Services. In that case, your information will remain subject to this policy, and the new owner will assume the rights and obligations with respect to your information in accordance with this policy. You expressly consent to our sharing or transferring your information to the new owner in this situation. If required, we will notify the applicable data protection agencies of the transfer in accordance with the notification procedures under applicable data protection laws.
Aggregated or De-Identified Information. We may share aggregated, non-personal information publicly to report trends, information about the general use of our Services, or to improve our Services.
With Your Consent. We may share your information when we have your consent to do so.
6. How We Protect Information
We take measures that are reasonably necessary to help protect against unauthorized access, alteration, disclosure or destruction of personal information, taking into account the sensitivity of the information and the current state of technology. That said, given the nature of communications and information processing technology, we cannot guarantee that information will be absolutely safe from intrusion by unauthorized parties.
7. When We Retain Information
We will retain your information for only as long as is necessary for us to: (a) provide the Services to you; (b) fulfill the purposes set out in this policy; (c) comply with our legal obligations; (d) resolve disputes; (e) enforce our agreements; or (e) as otherwise described in this policy. Please note that sellers may also be required to retain and use your information in order to comply with their own legal obligations.
8. Accessing And Updating Your Information
We give you the choice of accessing, editing, or removing certain information about yourself. You may change or correct your account information through your account. You may remove certain optional information that you no longer wish to be publicly visible through the Services, such as your photo. You can permanently close your account and delete your personal information. If you do not use our Services, but have provided us with your personal information for some other reason, you may contact us at hello@theagain.co to request that your information be updated or deleted.
9. Your California Privacy Rights
The California Consumer Privacy Act (or “CCPA”) provides California residents with certain additional rights. In addition to the information provided in the ‘Information We Collect And Receive’ section above, we collect the following categories of personal information from you, Malaika, data analytics providers, partners, and vendors:
- Identifiers/contact information;
- Commercial information;
- Internet or electronic network activity information;
- Financial information; and
- Inferences drawn from any of the above categories.
We collect this information for the business and commercial purposes described in the “How We Use Information” section above. We share this information as described in the “When We Share Information” section above. We do not sell (as such term is defined in the CCPA or otherwise) the personal information we collect.
Subject to certain limitations, the CCPA provides California consumers the right to request to know more details about the categories or specific pieces of personal information we collect (including how we use, disclose, or may sell this information), to delete their personal information, to opt out of any “sales” that may be occurring, and to not be discriminated against for exercising these rights.
California consumers may make a request pursuant to their rights under the CCPA by contacting us at hello@theagain.co. We will verify your request using the information associated with your account, including email address. You may be required to provide government identification as well. Consumers can also designate an authorized agent to exercise these rights on their behalf. Authorized agents must submit proof of authorization.
10. International Transfer of Information
Our Services are hosted in the United States, and information we collect will be stored and processed on our servers in the United States in accordance with this policy. Our employees and contractors that process personal information for us may be located in the United States or in other countries outside of your home country. To the extent information information is transferred abroad, we will ensure compliance with the requirements of the applicable laws in the respective jurisdiction in line with our own obligations. By using the Services you consent to our transferring your information internationally.
11. Data Protection Officer
Compliance with this policy (and overseeing data security generally) is the responsibility of our Data Protection Officer. If you have questions about this policy or our data security practices, please contact us at legal@theagain.co.