Last Update: 08/27/2012
This Privacy Policy constitutes an integral part of the Terms of Use for the Tradepal.com website (the “Site”). Capitalized terms not otherwise defined herein are as defined in the Terms of Use. Tradepal (“Tradepal” or “we”) respects your online privacy. The purpose of this Privacy Policy is to inform you regarding: (1) what information we may collect from or about you, and how we collect such information; (2) how we use such information; and (3) what rights and choices you have regarding such information.
PLEASE READ OUR ENTIRE PRIVACY POLICY CAREFULLY BEFORE USING THE SITE. By using the Site, you acknowledge that you have read and understand our Privacy Policy in its entirety, and agree to be bound by its terms. If you do not agree to any of the terms contained in our Privacy Policy, please refrain from using the Site or disclosing personal information on the Site. If you are a parent or legal guardian of a minor (i.e., a person under the age of 18), you understand and acknowledge that use of the Site by such minor is subject to our Privacy Policy.
1. PROTECTING CHILDREN
The Site is not designed or intended for children under the age of 13. Accordingly, children under the age of 13 will not be permitted to register on the Site. If we discover any registration by an underage child, such registration will be immediately and permanently cancelled and removed from the Site, with or without notice. Children under the age of 18 can only use the Site with the involvement of a parent or guardian. We urge parents and guardians to spend time online with their children and to participate in and monitor the online activities of their children.
2. CHANGES TO OUR PRIVACY POLICY
We reserve the right to modify our Privacy Policy from time to time in our sole discretion. For example, we may amend our Privacy Policy in order to address new developments in federal and state consumer privacy laws, or to conform to changing industry practices. If we make changes to our Privacy Policy, we will announce and post such changes on the Site for the general public. If you are a Registered User, we may also notify you of the changes via email and may ask you to affirmatively consent to and accept the changes at the time of your next account login on the Site. By continuing to use the Site after such notice and consent, you are bound by our Privacy Policy as modified.
3. INFORMATION WE MAY COLLECT ABOUT YOU
A. Personal Information. This refers to personally identifiable information about a User, such as first and last name, telephone number, email address, mailing address, birth date, credit card information, account numbers, photo, gender and account login information (i.e., username and password). It also includes information that may be uniquely linked to a User as a result of his/her visit to the Site, such as server log file data and session information (which is explained in more detail in subsection (d) below). This Site is only open to registered Users, therefore if you refuse to disclose any personal information, you will not be able to use or access this Site. In addition, in order to complete trades on the Site, you will need to provide additional personally identifiable information. Other than what is required to register as a User and to complete trades on the Site, we do not collect your personal information unless it is voluntarily disclosed by you. The following describes the circumstances in which we may collect personal information from Users:
(a) Purchase Information: When you make a trade through Tradepal, we collect your name and payment method information, such as credit card information or bank account numbers. We collect this information in order to facilitate billing. We also collect information that facilitates the shipping of your item(s). This might includes your name, address and phone number as well as the ones of the intended recipient(s). When you create an account at Tradepal, you can choose to save your billing information in “My Account.” You may change or delete this saved information anytime by going to “My Account.”
(b) Electronic Mailing Lists: We use electronic mailing lists to send news, updates, events, announcements, newsletters, and other communications to Users via email. To join our electronic mailing lists, you will need to provide your email address. You may opt out of our mailing lists at any time. Once you opt out, we will not reuse your email address unless you rejoin our mailing lists or otherwise opt in to receive electronic communications from us (see Section 5 below for further information on opt-out).
(c) Survey and Feedback Forms: We may use online survey and feedback forms to gather opinions, comments, suggestions, etc. about the Site from our Users. Survey and feedback forms may be completed and submitted by Users anonymously without disclosing any personal information. However, should you choose to voluntarily disclose personal information to us, we will collect such information.
(d) Member Registration and Profile: Our software will use Facebook Connect as the default option for identity and authentication. To register as a Member, you must provide certain personal information, such as your full name, e-mail address, country, city, state, zip code, phone number, gender and birth date. If you are a minor (but not below the age of 13), we reserve the right to require you to provide the name and email address for your parent or legal guardian. When registering as a Member, you may also, but are not required to, provide general background and biographical information about yourself, such as occupation, professional experience, education, affiliations, photo, product ratings, wishlists, proposals, trades and interests (collectively “Bio”). In addition, you may be asked to choose a username and password for your account login. Your personal information, your and your account login information together will make up your membership profile with Tradepal (the “Profile”). Please note that your Bio and your username will be “public” information, meaning that they will be viewable and accessible by others on the Site. Also, all postings made by you will automatically be linked to your username and Bio, so they will be visible to others in connection with your postings. Your other personal information mentioned above (e.g., email address, and birth date) and your login password will be kept private by Tradepal and will not be published or shared with others by Tradepal (subject to limited exceptions specified in Section 4 below), unless your Profile is linked to your Facebook account. Of course, if you choose to publish or otherwise share with others your personal information (e.g., disclosing your personal information in your User Postings), then others will have access to your personal information.
(e) Alerts: We may send you email alerts regarding possible trading opportunities, status of a proposal or trade, communicate a proposal or complete a trade. We may also send you emails to facilitate shipping, confirm proposals, confirm trades, complete trades, delivering notification about groups and/or events, regarding optimization of the Site, respond to your customer service inquiries or requests, to solicit your feedback, resolve disputes, and to prevent fraud. Under your direction, we may send your friends email invites to join the Site, groups and/or events.
(f) Log Files and Cookies: Our web servers may automatically generate log files that contain data linked to individual Users, such as IP address, browser type, operating system, ISP domain name, referring/exit page, date/time stamp, clickstream data, etc. Also, the Site may use “cookies” to collect session information about individual Users' visits to the Site (see Section 6 below for more information about cookies).
(g) Third Party APIs: We may also receive your personally identifiable information from third-party vendors and affiliates from whom we license certain APIs, including Facebook, FedEx, Amazon, USPS, PayPal and Google, and each of their affiliates. Pursuant to our agreements with such third-party vendors and affiliates, each may supply us with certain information personally identifiable information. For how each third-party vendor and affiliate collects such information, please refer to each of their Privacy Policy linked here:
(h) Invites: If you choose to use our invitation service to tell a friend about our Site, we will ask you for information needed to send the invitation, such as your friend's email address. We will send your friend an email in your name inviting him or her to visit the Site, and may send up to two reminders to them. We store this information to send invitations and reminders, to register a friend connection if your invitation is accepted, to allow you to see invitations you have sent, and to track the success of our referral program. Your friend may contact us at privacy@tradepal.com to request that we remove this information from our database.
B. Non-Personal Information. This refers to any information that does not identify a User personally. For example, we may gather demographic and/or other aggregate data about our Users as a group. Also, we may use online survey and feedback forms to gather opinions, comments, suggestions, etc. about the Site on an anonymous basis from our Users; occasionally, we report quoted feedback from Users, but we do not attribute feedback to individual Users unless we have permission from a User to use his or her name along with the feedback. We collect and use non-personal information to administer and monitor the Site, to analyze Site traffic and usage patterns and trends, to improve the functionality of the Site, and to enable us to personalize and better Users' experience on the Site. When we report information about the Site to our partners and investors, we report non-personal information only.
4. HOW WE USE INFORMATION ABOUT YOU
A. Use by Tradepal. If you voluntarily disclose to us, we will only use your personal information for the purposes for which it is intended. For example: (a) if you join our electronic mailing lists, we will use your email address to send you news, updates, announcements, newsletters, and other electronic communications from Tradepal (including notices of any material change in our Privacy Policy or Terms of Use, and notices of any actual or suspected security breach or compromise involving your personal information); (b) if you voluntarily include your name or email address when answering our survey or feedback forms, we may use your email to communicate with you regarding the feedback given by you and may, with your permission, attribute the feedback to you personally; (c) if you register as a Member, we will use your personal information for all purposes related to your membership and your use of the Site as a Member, including, without limitation: providing administrative, maintenance and support services to Member accounts and Profiles; responding to Member inquiries, requests and complaints; providing Members with news, updates, announcements, newsletters, etc. about the Site and Tradepal; and notifying Members of any material change in our Privacy Policy or Terms of Use as well as of any actual or suspected security breach or compromise involving Members' personal information; and (d) we use log file data and cookie session information internally for the operation of the Site as well as to generate and analyze aggregate data about our Users as a group; when we report information about the Site to our partners and investors, we only report aggregate data and do not knowingly report log file data or cookie session information that is linked to individual Users.
B. Sharing with Third Parties. Except in the limited circumstances specified below, we DO NOT knowingly share your personal information with third parties:
(a) We may share your personal information with our service providers who need to access such information in order to provide support or maintenance for the operation of the Site (“Service Providers”). We require that our Service Providers comply with this Privacy Policy and limit their use of your personal information solely to the purposes for which it was disclosed by Tradepal, and that they maintain the confidentiality, security and integrity of such information and not make any further disclosure to others.
(b) We may provide information to service providers to help us bring you the services we offer. Specifically, we may use third parties to facilitate our business, such as to send out email updates about Tradepal, to process payments for products or services, or to provide search results or links (including sponsored links). In connection with these offerings and business operations, our service providers may have access to your personal information for use for a limited time in connection with these business activities. Where we utilize third parties for the processing of any personal information, we implement reasonable contractual and technical protections limiting the use of that information to the specified purposes.
(c) We may provide aggregate data on the user community as a whole to third parties to help us provide better services to you. In no event shall such data contain information that may be used to personally identify you.
(d) We may disclose your personal information to third parties if doing so is required by law or, in our good faith belief, is reasonably necessary to: (a) comply with legal process; (b) enforce this Privacy Policy and/or the Terms of Use; (c) respond to claims that any User Postings violate the rights of third parties; (d) respond to an emergency; or (e) protect the rights, property or safety of Tradepal, its Users, and/or the public.
(e) Lastly, if Tradepal is acquired by or merged with or into another entity, or if all or substantially all of our assets are transferred to another entity, your personal information may be transferred to such entity as part of the transaction, and that entity and its affiliates may use your personal information under the terms of their own privacy policies which may differ from this Privacy Policy.
IN NO EVENT DO WE KNOWINGLY SHARE YOUR PERSONAL INFORMATION WITH OTHERS FOR THEIR DIRECT MARKETING USE.
5. USER CHOICES AND OPT-OUT
A. Membership Cancellation. You may at any time request to cancel your membership account by going to your account settings on Tradepal. Keep in mind that you will not be able to reactivate your account or retrieve any of the content or information you have added. We will close your account and remove your personal information from view as soon as reasonably possible, based on your account activity and in accordance with applicable law. After such cancellation and removal, Tradepal will cease using your personal information for all purposes, but may preserve and disclose your Profile information if doing so is required by law or, in our good faith belief, is reasonably necessary to: (a) comply with legal process; (b) enforce this Privacy Policy and/or the Terms of Use; (c) respond to claims that any User Postings violate the rights of third parties; (d) respond to an emergency; or (e) protect the rights, property or safety of Tradepal, its Users, and/or the public.
B. Electronic Mailings. When you register as a Member, you may opt out of receiving electronic mailings from Tradepal by indicating your preference in your account settings. If you have previously opted in to receive electronic mailings from Tradepal, you may at any time opt out of receiving further electronic mailings from Tradepal by using the “opt out” or “subscribe” means provided in the electronic mailings already received from Tradepal, or by emailing us at opt-out@tradepal.com. Notwithstanding the foregoing, by registering as a Member, you expressly agree that Tradepal may provide security breach notices required by law as well as notices regarding material changes in our Privacy Policy or Terms of Use, to you via email, and you specifically consent to continuing to receive such notices via email from Tradepal even after your opt-out, unless you choose to cancel your membership.
C. Profile Setting. Subject to the limited exceptions set forth in Section 4(B) above, Tradepal does not publish or share with others a Member's personal information contained in his or her Profile (on the other hand, your Bio and your username will always be public information and visible to others). However, you have the option to publish or share your personal information with others by changing your Profile settings. You understand that any personal information you publish or share on the Site may be used by others to harass or harm you, and you do so entirely and solely at your own risk.
D Update and Correction. As a Member, you may log into your account at any time to modify, update and correct your Profile information. However, you understand and acknowledge that certain personal information (e.g., your name and email address) cannot be deleted without Tradepal having to cancel your membership account. Please refer to subsection (1) above regarding membership cancellation.
6. COOKIES
When you visit our Site, you will be assigned a permanent “cookie” (a small text file) to be stored on your computer's hard drive. The purpose of this cookie is to identify you when you visit the Site so that we can enhance and customize your online experience and to provide security for your transactions. We use cookies to collect certain information including IP address, browser type, domain names, referring URL, landing page, pages viewed, time spent on particular URL, clickstream data, and to provide time and date stamp and session timeout. We also use cookies to keep track of transactions, proposals, login names and passwords. We may also use Web beacons (1 x 1 pixels) and log files. We collect this information to enhance the quality of your experience during your visit to the Site and will not sell or rent this information to any third parties. You can choose to view our Site without cookies. However, without these identifier files you will not be able to complete a proposal or trade or take advantage of certain features of the Site. Each browser is different, so check your browser's “Help” menu to learn how to change your cookie preferences.
7. THIRD PARTY AFFILIATES
A. Google and Quantcast. This Site uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”), and is a member of the Quantified Publisher Program, an audience ratings program operated by Quantcast Corporation (“Quantcast”). Both Google Analytics and the Quantified Publisher Program use cookies, which are text files placed on your computer, to help measure and analyze how users use the Site. The information generated by the cookie about your use of the Site (including your IP address) will be transmitted to and stored by Google and Quantcast on servers in the United States. Google and Quantcast will each use the information transmitted to them for the purpose of evaluating your use of the Site, compiling reports on Site activity for us and providing other services relating to Site activity and Internet usage. Google and Quantcast may also transfer this information to third parties where required to do so by law, or where such third parties process the information on behalf of Google or Quantcast. Neither Google nor Quantcast will associate your IP address or other information with any other data held by them, or otherwise try to discover your identity. Google's use of this data is governed by the Google Analytics Terms of Service (http://www.google.com/analytics/tos.html) and Google Privacy Policy (http://www.google.com/privacy.html). Quantcast's use of this data is governed by the Quantcast Quantified Publisher Terms of Service and Quantcast Privacy Policy.
B. Facebook. If you have a Facebook account, we will allow you to log in using Facebook Connect (“Connect”), a Facebook, Inc. application that enables the Site to work just like the platform applications you find on Facebook.com (“Facebook”). Once you allow the Site to connect with Facebook, you will be able to use your Facebook login information to log into the Site, and you will be able to publish your activity on the Site to your Facebook profile. Whenever you do anything on the Site that might be publishable to Facebook, we will ask you whether you want to publish that activity on your Facebook news feed. We will not generate or publish any Facebook news feed and/or other stories about actions you take on the Site without your permission. Additionally, by using Connect, you permit the Site to: access Facebook information related to you (including your profile information, friends, and privacy settings) so you can use your Facebook information on the Site, and so that we can help improve your use of the Site; and allow you to interact with your Facebook friends on the Site. In order to make Connect possible, you agree to allow Facebook to check your Facebook cookies when you are visiting the Site, and allow Facebook to receive information concerning the actions you take on the Site (which we will only send with your permission). The information shared with Facebook will be transmitted to and stored by Facebook on servers in the United States. In the event you no longer want the Site to publish stories about you, or want to otherwise limit the ways in which the Site interacts with your Facebook account, you can always disable this feature by changing your application settings in Facebook. This Privacy Policy applies to information collected by us through your Facebook Connect login; however, your activities on Facebook are covered by the Facebook's privacy policy and other terms of use (http://www.facebook.com/terms.php; http://www.facebook.com/policy.php).
C. Amazon. This Site uses a Product Advertising API provided by Amazon, Inc. (“Amazon”) Google Analytics, a web analytics service provided by Google, Inc. (“Google”), which will permit Tradepal to use Amazon product services and Users to look up capability, product information and other features as well as advertise Amazon's products on the Site. Amazon may use a cookie to collect information about your use of the Site (including your IP address), which, if collected, will be transmitted to and stored by Amazon on servers in the United States. Amazon will use the information transmitted to them for the purpose of evaluating your use of the Site and the Amazon.com site. Amazon may transfer this information to third parties where required to do so by law, or where such third parties process the information on behalf of Amazon. Amazon's use of this data is governed by the Product Advertising API License Agreement (https://affiliate-program.amazon.com/gp/advertising/api/detail/agreement.html) and Amazon Privacy Policy (http://www.amazon.com/gp/help/customer/display.html).
D. Other Third Party Sites. The Site may contain links to other third-party websites; including the websites of third-party service providers who can help Members facilitate proposals, trades and purchases. Tradepal does not own, control or operate such linked sites, and is not responsible for the privacy policies or practices of such linked sites. Privacy policies and practices for such linked sites may differ from our Privacy Policy and practices. You access and use such linked sites entirely and solely at your own risk. We urge you to read the privacy policies of such linked sites before disclosing your personal information on such sites.
8. THIRD PARTY ADVERTISING
Tradepal works with various companies that sell advertising across a variety of different websites, including this Site. These ad serving companies are known as ad networks. As of the date of this Privacy Policy, we work with the following ad networks: Google AdSense and DoubleClick (both operated by Google) (together, the “Ad Networks”). In order to ensure that you receive advertising that is likely to be of most interest to you, the various Ad Networks may need to place and read cookies on your computer, and may need to collect information from you, including your IP address, your browser type and version, and your computer's operating system. The purposes for which the various Ad Networks collect and use this information is set out in detail in their privacy policies, which you are advised to read. These privacy policies also provide details of how you can “opt out” (i.e. how you can elect not to have these companies collect any information from you). The relevant privacy policies can be found at the following locations:
Google AdSense: http://www.google.com/privacy_ads.html
DoubleClick: http://www.doubleclick.com/privacy
9. SECURITY
We at Tradepal understand the importance of protecting the security and integrity of personal information that our Users have shared with us. In our efforts to protect your online transactions, we use a technology called Secure Sockets Layer (“SSL”). If your browser is capable of SSL (and most are), your personal information will be automatically encrypted, or encoded, before it is sent over the Internet. Unfortunately, no data transmission over the Internet and no data storage can be 100% secure. Consequently, while we will use reasonable efforts to safeguard your personal information against unauthorized access and disclosure, we do not warrant or guarantee the security of any information you transmit to, from or on the Site. We will notify you in the event we become aware of a breach or suspected breach of the security of your personal information stored by us.
Your personal information is also protected by the password you created when you signed up for an account at Tradepal (or another password you chose after changing a previous password). Please keep this password confidential. The confidentiality of your password is yours to protect. You may change it anytime by going to “My Account” or to account settings.
We urge you to keep your account login information in a safe place and not to divulge it to anyone. Also, remember to sign off your account and close your browser window when you have finished your visit. This is to ensure that others cannot access your account, especially if you are sharing a computer with someone else or are using a computer in a public place such as a library or an Internet Cafe.
10. NOTICE TO CALIFORNIA RESIDENTS - YOUR CALIFORNIA PRIVACY RIGHTS
Effective January 1, 2005, California Civil Code Section 1798.83 requires that, if a business has an established business relationship with a California resident and has within the immediately preceding calendar year shared such resident's personal information with any third party for such third party's direct marketing purposes, then the business must disclose such information-sharing to the resident upon request, including what personal information was shared, and with whom it was shared. However, a business is deemed in compliance with the foregoing if: (1) it has a published privacy policy of not sharing a customer's personal information with third parties for direct marketing purposes without the customer's consent (either opt-in or opt-out); and (2) it provides the customer upon request with a notice of his/her choice to prevent such sharing and a cost-free means to exercise that choice. As a general matter, consent by “opt-in” means that a business will not share a customer's personal information with third parties for their direct marketing use, unless the customer affirmatively consents to such sharing (e.g., by checking a box or clicking on a button to manifest consent). On the other hand, consent by “opt-out” means that a business may share a customer's personal information with third parties for their direct marketing use, unless the customer expressly disallows or objects to such sharing (e.g., by checking a box or clicking on a button to manifest disallowance or objection). California residents may request an information-sharing disclosure from us by emailing your request toprivacy@tradepal.com. Please note that, under the law, we are not required to respond to your request more than once in a calendar year, nor are we required to respond to any requests that are not sent to the above-designated email address.
11. CONTACT US
If you have any questions regarding our Privacy Policy or practices, please contact us at:
Tradepal, Inc.
474 Bryant Street
San Francisco, CA 94107
Or by emailing us at: contact@tradepal.com
