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1.12 Commission Fees. e-World Fashion charges commission fees over the website https://www.e-worldfashion.
(a) As part of the Services, e-World Fashion may make available to Users one or more platforms (the “Platform”) that will serve as a marketplace for Users to sell, buy, barter and/or rent directly to, from and with other Users the types of goods authorized by e-World Fashion from time to time, which may include, for example but without limitation, clothing items and fashion accessories (“Items”).
(b) e-World Fashion does not function as a seller, exchange agent, lessor, guarantor or auctioneer, and every contract of sale or exchange is exclusively between Users.
(c) e-World Fashion does not guarantee the legitimacy, quality or safety of Items, accuracy of Item listings or willingness or ability of Users to complete transactions or satisfy their obligations, and e-World Fashion does not exercise any control over same. Any facilitation or guidance supplied by e-World Fashion, such as listing, pricing or shipping guidelines, is solely for informational purposes and shall not be relied upon by Users.
3. Use of Services
(a) The User covenants and agrees that the User shall not do any of the following in connection with the Services:
(i) violate any applicable law, communicate in a manner that is offensive, obscene, pornographic, violent, threatening or defamatory or engage in any false, misleading or deceptive activity;
(ii) breach any contract with another User or otherwise fail to complete a transaction with, or satisfy an obligation to, another User;
(iii) participate in any transaction involving counterfeit Items or otherwise engage in any activity that infringes the trademark, patent, copyright or other intellectual property right of e-World Fashion, any other User or any third party;
(iv) circumvent or interfere with the functioning of the Services, including by imposing an unreasonable or disproportionately large load on the related infrastructure, use any robot, data mining tools or other automated means to access the Services or distribute viruses or other technologies that may harm e-World Fashion, its contractors or other Users;
(v) commercialize any Services or related information other than exclusively for the User’s use in accordance with this Agreement; or
(vi) access or use the Services if the User’s account contains false contact information.
(b) e-World Fashion may refuse, modify or terminate all or part of the Services to anyone and/or add, modify or delete any content for any reason in its sole discretion.
(c) The User must not be considered a child pursuant to applicable law or otherwise lack the capacity to enter into a binding legal contract, and in any event the User must be not less than eighteen years of age.
4. Selling
(a) Permissible Items. e-World Fashion may from time to time post, publish or otherwise designate the types of Items that may be exchanged via the Services. Any Items that are not authorized by e-World Fashion for exchange via the Services are prohibited. Users shall not list, communicate about or engage in any transaction involving unauthorized Items. e-World Fashion shall have sole discretion with respect to the authorization or prohibition of any Item, and e-World Fashion may generally authorize a category of Items but prohibit one or more specific Items within the category, or vice versa (for example, e-World Fashion may choose to allow exchange of clothes and fashion accessories but prohibit prescription sunglasses and smart watches). e-World Fashion may implement any change to permissible, restricted or prohibited Items at any time, including without limitation after an affected Item is listed. In no event shall any User promote, offer, sell or exchange any Item that is, or is reasonably suspected to be, counterfeit, knock-off, not genuine, infringing or not authorized for sale.
(b) Listing Policy.
(i) e-World Fashion may remove any listing from the Services at any time for any or no reason. e-World Fashion may modify, supplement or correct any content.
(ii) Users must write their own descriptions and use their own images in any Item listing. Listings shall not include cookies, metatags, JavaScript, videos or other programming, links or third-party endorsements.
(iii) Listings must be for a physical Item and cannot be duplicative.
(iv) Listings must be accurate and not deceptive or misleading. Listings must clearly and accurately describe the location of the Item.
(v) The User shall not manipulate the Services’ search and browse experience by including keywords in listings that do not meaningfully describe the Item.
(vi) The User listing an Item assumes full responsibility for the offer of the Item and accuracy and content of the listing.
(vii) Listings should include photographs of the Item that are not misleading.
(viii) e-World Fashion shall have no liability to a User for whether and how a listing appears in browse or search results.
(ix) Listing an Item or paying for Services does not entitle a User to exclusive rights with respect to the Item on the Platform, and for example but without limitation, e-World Fashion may publish advertisements or other content in its sole discretion and without needing anything from, or owing anything to, any User.
(x) Every product listing including description must be in English.
(c) Selling Policy.
(i) Users listing Items for sale (“Sellers”) must adhere to all standards required by e-World Fashion, including without limitation charging reasonable shipping costs, accurately estimating shipping time, responding to questions promptly, ensuring transactions are completed as described in the listing and actively reviewing and updating listings for accuracy.
(ii) Sellers must specify one or more shipping methods and ship each Item sold in a manner that meets or exceeds the expectations associated with the shipping method chosen by the User who purchased the Item (the “Buyer”). Listings for free shipping cannot have any shipping or handling charges and must be shipped at least as quickly as the slowest shipping method listed. Sellers should supply Buyers with shipment tracking information if available. Transactions of five hundred dollars ($500.00) or more require signature confirmation if available.
(iii) Listings must specify the condition of the Item, and if the Item is used, must include a photograph of the actual Item. If there are terms and conditions of the transaction, they must be detailed in the listing. The seller cannot list as used: Swimsuits, swimwear, socks, loungewear/pajamas, lingerie, sleepwear, underwear.
(iv) Sellers must detail in the listing any return policies offered. If a listing fails to describe a specific return policy, the Return Policy shall apply.
(v) Pricing must be independent and not coordinated with any other Sellers or other sellers of similar goods. Sellers must accept any payment methods mandated by e-World Fashion, such as credit card and PayPal and the currency for buying and selling has to be in US dollars. Sellers shall not offer or accept any payment methods not allowed by e-World Fashion, including without limitation cash or cash transfer services such as Western Union or MoneyGram. Any payment processing fees shall be borne by the Seller exclusively.
(vi) Sellers shall not directly or indirectly engage in, promote, induce or allow shill bidding or bidding or purchasing an Item being sold by the Seller, including through acquaintances or other accounts, in order to artificially inflate its price or desirability or circumvent any requirement.
(vii) Sellers exclusively shall be responsible for compliance with all applicable law and shall comply with all applicable law. Sellers shall not discriminate against any User who is a member of a legally-protected class.
(d) Taxes and Fees.
(i) e-World Fashion will list the fees charged for using the Services and may change any fees from time to time by posting the changes online, with any increases in fees being effective ten (10) days after posting.
(ii) Sellers must pay all transaction fees with respect to sales made using the Services in whole or in part, even if any aspects of the transaction are processed independently of the Services, including for example if Users finalize a transaction directly rather than via a Platform.
(iii) A User shall not directly or indirectly engage in, promote, induce or allow any activity that avoids e-World Fashion fees, including without limitation making offers to buy, sell, barter or rent Items outside of the Platforms, linking or promoting content that can be used to order items outside of the Platforms, requiring a purchaser to make additional purchases or agree to terms not included in the listing, charging excessive shipping and other fees not included in the price, passing Seller fees to the purchaser, falsely reporting unpaid items or refusing payment for a successful transaction or changing listing information to sell a different Item rather than listing a new Item.
(iv) Sellers are exclusively responsible for collecting and remitting any sales and similar taxes with respect to transactions using the Services. Subject to applicable law, e-World Fashion has the option, but not the obligation, to collect and remit any of same at the Sellers’ expense. Sellers must not misrepresent where Items are located and must maintain their registration address up-to-date. Sales tax may be added on the listing price or at checkout, depending upon the Item location and the purchaser’s shipping address. Sellers should only charge tax in jurisdictions where they are authorized to do so and should only collect the legally-authorized amount. Sellers shall provide e-World Fashion copies of permits, authorizations and similar documentation for each jurisdiction in which they are authorized to collect sales tax. Sellers exclusively are responsible for customs clearance.
(v) Sellers must maintain a valid payment method on file with e-World Fashion and pay all fees and taxes associated with the Services by the due date thereof.
(vi) Sellers shall report all income earned from transactions involving the Services and pay taxes with respect thereto. Sellers shall pay all value added tax, goods and services tax, similar consumption taxes and use taxes with respect to the Services or related payments.
5. Buying
(a) A User purchasing an Item using the Services (the “Buyer”) must pay for any Item the Buyer commits to buying. By purchasing an Item or placing a bid thereupon, the Buyer agrees to a binding contract with the Seller to complete the purchase at the stated price. Section 2-401(2) of the Uniform Commercial Code shall apply to the transfer of ownership between the Seller and the Buyer unless they agree otherwise. e-World Fashion does not transfer legal ownership of Items to Buyer or from the Seller to the Buyer.
(b) The Buyer is responsible for reading the entirety of the Item listing before committing to buy it or making a bid thereupon.
(c) The Buyer shall not abuse the Seller feedback system, including threatening a Seller to leave negative feedback unless the Seller does something for the Buyer, soliciting or accepting something of value in exchange for leaving positive feedback or providing false information in association with any feedback. Outside of leaving accurate feedback, Buyers shall not communicate with other Users to warn them about a Seller or otherwise interfere with other Users’ transactions.
6. Bartering and Giving away
(a) e-World Fashion may from time to time allow Users to give away, barter, trade or exchange (collectively, “Exchange”) Items within parameters set forth by e-World Fashion. Users engaging in activity related to Exchanges (“Exchangers”) ("Givers away") shall adhere to the parameters set forth by e-World Fashion and any existing or additional Policy maintained by e-World Fashion with respect thereto.
(b) Exchangers and Givers away must adhere to all applicable obligations of Sellers and Buyers pursuant to this Agreement.
(c) Valuation of Exchanges and Gives away shall be determined by e-World Fashion in its sole and absolute discretion. Each Exchanger and Giver away shall pay to e-World Fashion all fees mandated by e-World Fashion with respect to Exchanges and Gives away. All activity in relation to the Services is at the User’s own risk, and without limitation, the User exclusively shall determine all legal, tax and other implications of engaging in Exchanges and Gives away and comply with all applicable law with respect thereto.
(d) An agreement to Exchange shall be a binding contract between Exchangers. Exchangers shall timely fulfill all obligations with respect to Exchanges, including shipping Items, and unless otherwise agreed with an Exchanger, an Exchanger shall not wait to ship an Item being Exchanged until after receiving the other Item being Exchanged.
7. Renting
(a) e-World Fashion may from time to time allow Users to temporarily lease Items to other Users within parameters set forth by e-World Fashion (“Rentals”). Users engaging in activity related to Rentals shall adhere to the parameters set forth by e-World Fashion and any existing or additional Policy maintained by e-World Fashion with respect thereto.
(b) Users leasing Items to other Users (“Lessors”) must adhere to all applicable obligations of Sellers pursuant to this Agreement, and Users renting Items from other Users (“Renters”) must adhere to all applicable obligations of Buyers pursuant to this Agreement.
(c) Lessors shall pay to e-World Fashion all fees mandated by e-World Fashion with respect to Rentals. Fees may be based upon the amount of Rental payments, the Rental term, both or otherwise as determined by e-World Fashion in its sole discretion. Unless otherwise set forth by e-World Fashion, fees charged by e-World Fashion for Rentals shall be earned and due immediately and shall not be contingent upon a Renter’s adherence to the terms of the Rental agreement, satisfaction of payment obligations, return of the Item and/or maintenance of the Item in good condition.
(d) Except as otherwise set forth in the Rental agreement, with which the Renter shall comply, the Renter shall timely pay in full all amounts owed with respect to the Rental, maintain the Item in good condition, reasonable wear and tear excepted, and timely return the Item when the Rental is finished. If the Renter must make payments over a period of time, the Renter shall actively maintain a valid payment method on file with the account.
(e) All activity in relation to the Services is at the User’s own risk, and without limitation, Users engaged in activity related to Rentals shall determine all legal, tax and other implications of engaging in Rentals and comply with all applicable law with respect thereto.
8. Content
(a) Users providing content in using the Services grant e-World Fashion a perpetual, irrevocable, non-exclusive, worldwide, royalty-free right to exercise any and all intellectual property rights the Users have in the content in connection with the promotion, provision and expansion of the Services in any media now known or developed in the future, including sublicensing. To the fullest extent permitted by law, the User waives its right to enforce any intellectual property right with respect to such content against e-World Fashion, its sublicensees or its or their assignees in connection with their use of the content in relation to the Services.
(b) The User represents and warrants that, for all content provided in using the Services, the User owns or otherwise has all rights necessary to do so and satisfy the User’s obligations pursuant to this Agreement, the content is accurate, and the use of the content by e-World Fashion, its contractors and Users in furtherance of this Agreement does not and will not infringe upon anyone’s intellectual property rights.
(c) e-World Fashion’s name, trademarks, logos and designs are trademarks, service marks or trade dress of e-World Fashion and may not be used without the prior express written permission of e-World Fashion.
9. Communications
(a) e-World Fashion and its authorized service providers may contact the User using autodialed or prerecorded telephone calls and text messages to any telephone number that the User provided for advertising or marketing purposes, to discuss the User’s account, to resolve a dispute, to collect a debt or otherwise to service the account or enforce this Agreement, the Policies, applicable law or any other agreement. Standard charges may apply. This consent is not required as a condition of any purchase. Should a User not wish to receive such communications, the User may change the User’s communications preferences by contacting e-World Fashion.
(b) The User hereby agrees that e-World Fashion may monitor or record telephone conversations between e-World Fashion or its agents and the User or anyone acting on the User’s behalf for quality control, training purposes or e-World Fashion’s protection.
(c) e-World Fashion may review, analyze and intercept the contents of messages sent through any messaging functionality of a Platform, including messages between Users, to detect and prevent fraud and violations of this Agreement, the Policies or applicable law.
(d) The User agrees to use information about other Users solely in furtherance of this Agreement and not to sell, rent, distribute or disclose a User’s information for purposes unrelated to the Services or use it for marketing purposes without consent.
10. Disclaimer of Warranties and Limitation of Liability
(a) e-World Fashion is not responsible for any act, omission or circumstance by or related to any User or otherwise outside of e-World Fashion’s reasonable control. Furthermore, the User agrees that the User makes use of the Services at the User’s own risk and that the Services are provided on an “AS IS,” “AS AVAILABLE” basis. To the fullest extent permitted by law, e-World Fashion disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose and noninfringement.
(b) To the fullest extent permitted by law, the User agrees not to hold e-World Fashion, its affiliates or their respective officers, directors, employees and agents responsible or liable for any damages or losses, including without limitation financial losses, loss of an Item or an Item’s value, lost profits, damage involving goodwill or reputation, other intangible losses or any special, indirect or consequential damages, resulting directly or indirectly from:
(i) content provided by any User;
(ii) the User’s use of, or inability to use, the Services, or any delays or disruptions in the Services;
(iii) viruses or malicious software obtained through the Services, glitches, bugs, errors or inaccuracies of any kind in the Services or damage to hardware from using the Services;
(iv) guidance provided by e-World Fashion;
(v) the content, actions or inactions of other Users or third parties, including Items or the seizure or destruction of allegedly fake Items;
(vi) a suspension or other action taken with respect to the User’s account including as a result of a breach of this Agreement or any Policy;
(vii) the manner in which listings appear in search or browse results;
(viii) any item for which the User or another User is responsible pursuant to this Agreement or the Policies and any manner in which e-World Fashion chooses to enforce or not enforce this Agreement or any Policy generally or in any specific instance; or
(ix) the User’s need to make any changes or inability to perform any business resulting from a change to this Agreement or any Policy.
(c) In the event that e-World Fashion is found to be liable for any reason, e-World Fashion’s liability to the User and to any third party is limited to the greater of (i) the amount of fees the User paid e-World Fashion in the twelve (12) months preceding the circumstance giving rise to liability or (ii) one hundred dollars ($100.00).
(d) The User releases e-World Fashion, its affiliates and their respective officers, directors, employees and agents from claims, demands and damages of every kind and nature, regardless of whether known, suspected to exist or unsuspected, arising out of or in any way connected to any dispute between the User and another User.
11. Indemnification
(a) To the fullest extent permitted by law, the User agrees to perpetually indemnify, defend (at the User’s sole expense) and hold harmless e-World Fashion, its affiliates and their respective officers, directors, employees and agents from any claims, demands and damages of every kind and nature, including reasonable attorney’s fees, related to the User’s breach of this Agreement, violation of any Policy, improper use of the Services, violation of any law, breach of the rights of a third party or negligence or willful misconduct.
(b) e-World Fashion shall have reasonable control over the defense of any such claim, including using attorneys of e-World Fashion’s choice. The User shall not offer or accept any settlement that admits any wrongdoing by e-World Fashion, fails to contain strict confidentiality provisions to the extent permitted by law, creates any obligation for e-World Fashion or otherwise without e-World Fashion’s prior consent.
12. Disputes
(a) Except as otherwise set forth in this Agreement, this Agreement, the rights and obligations of the Parties pursuant to this Agreement and any claim, controversy or dispute arising out of or with respect to this Agreement shall be governed by and construed in accordance with the substantive laws and decisions of the State of New Jersey without regard to conflict of laws principles.
(b) The Parties agree that any and all disputes or claims that have arisen or may arise between them or any related third Parties that relate in any way to the Agreement or the Policies, the User’s use of or access to the Services or any Item(s) shall be resolved exclusively through final and binding arbitration instead of in court. The Federal Arbitration Act governs the interpretation and enforcement of the agreement to arbitrate set forth herein.
(i) Prohibition of Class and Representative Actions. The Parties agree that each may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or in a representative or private attorney general action or proceeding. Absent the Parties’ mutual agreement otherwise, the arbitrator shall not consolidate or join more than one person’s or party’s claims and may not preside over any consolidated, representative, class or private attorney general action or proceeding. The arbitrator may award relief, including monetary, injunctive and declaratory relief, only in favor of the specific party seeking relief in the arbitration and only to the extent necessary to provide relief for that party’s individual claim(s). Any relief award cannot affect other Users. If a court decides that applicable law precludes enforcement of any limitation in this paragraph as to a particular claim or remedy sought such as a request for injunctive relief, then subject to all appeal rights only that claim or remedy sought shall be severed from arbitration and brought in court, but all other claims and remedies shall be arbitrated.
(ii) Arbitration Procedures. Arbitration shall be conducted by the American Arbitration Association (the “AAA”), or another administrator selected by the Parties or a court of competent jurisdiction, pursuant to the AAA’s rules and procedures, including as applicable the Consumer Arbitration Rules and Commercial Arbitration Rules, as modified by this Agreement. Arbitration shall be held in New Jersey or at another mutually agreed location. The arbitrator shall decide all claims in accordance with applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered may be entered in any court having jurisdiction thereof.
(iii) Costs of Arbitration. Payment of all filing, administration and other arbitrator fees shall be governed by the AAA’s rules unless otherwise specified in this Agreement. Unless a rule or agreement specifies otherwise, arbitration fees shall be borne equally by the Parties.
(iv) Opt-out Procedure. New Users may reject the agreement to arbitrate by mailing a written opt-out notice to e-World Fashion within thirty (30) days after the User’s first acceptance of this Agreement. The opt-out notice must be signed by the User, include the User’s name, address, User ID(s) and e-mail address(es) associated with the User’s account(s) to which the opt-out applies and state that the User is electing to opt-out of the agreement to arbitrate. If a User validly opts-out of the agreement to arbitrate, all other parts of this Agreement and the Policies shall remain in effect, including all other provisions related to enforcement and interpretation of this Agreement and disputes. Opting-out of the agreement to arbitrate has no effect on future arbitration agreements between the Parties.
(c) Unless otherwise mutually agreed by the Parties, to the extent the agreement to arbitrate is held not to apply, whether because of a valid opt-out or as a result of a holding by an arbitrator or court, the Parties agree that any affected claim or dispute that has arisen or may arise between them shall be resolved exclusively by a federal or state court located in New Jersey. Each Party agrees to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims and disputes and waives all objections to venue in such courts on the grounds of the inconvenience of the forum.
13. If any amount owed by a User to e-World Fashion is past due, including in the event that a payment method fails, e-World Fashion may collect amounts owed by charging any payment method on file, retain collection agencies and legal counsel, limit, suspend or terminate Services and/or take all other legal actions and remedies, all at the User’s expense, and the User shall be liable for, and promptly pay, all costs, expenses and fees incurred by e-World Fashion in any arbitration, suit, appeal, bankruptcy case or collection effort, with or without suit, in connection with compelling payment of any amount owed by User to e-World Fashion in relation to this Agreement, including without limitation reasonable attorney’s fees and costs incurred by e-World Fashion during any such action or in advance of any of same to analyze or prepare e-World Fashion’s claims against the User or determine the rights or remedies to e-World Fashion, all to the fullest extent permitted by law. Failure to timely pay any fees to e-World Fashion shall result in late fees as specified. All amounts owed by the User to e-World Fashion that are past due shall bear default interest at the rate of the lesser of one and one-half-of-one percent (1.5%) per month or the maximum rate permitted by applicable law, which rate shall continue to apply whether or not judgment shall be entered. e-World Fashion, or the collection agencies it retains, may also report information about a User’s account to credit bureaus, and as a result, late payments, missed payments or other defaults on the User’s account may be reflected on the User’s credit report. If the User wishes to dispute the information e-World Fashion reported to a credit bureau (e.g., Experian, Equifax or TransUnion), the User should contact e-World Fashion. If the User wishes to dispute the information a collection agency reported to a credit bureau regarding the User’s e-World Fashion account, the User should contact the collection agency directly.
14. The User shall maintain true and accurate records in connection with all transactions involving the Services and, to the extent permitted by law, retain same during the term of this Agreement and for thirty-six (36) months thereafter. During said timeframe, e-World Fashion may from time to time audit the User’s records in connection with any fee or other amount payable pursuant to this Agreement and/or to verify compliance by the User with all of its obligations pursuant to this Agreement, and the User shall reasonably cooperate with all such audits.
15. e-World Fashion may amend this Agreement or any Policies at any time by posting the amended terms on its website. e-World Fashion’s right to amend includes modifying, adding to or removing terms or Policies. Except for amendments made to comply with applicable law, which shall take effect immediately, amendments shall be effective ten (10) days after posting, and continued access or use of the Services constitutes the User’s agreement to the amendments, as does an electronic click-through agreement or other acceptance. The User shall comply with all Policies.
16. Any provisions of this Agreement or the Policies that should reasonably be construed to survive termination of this Agreement, such as for example but without limitation as pertain to fees, content, disclaimer of warranties, limitation of liability, release, indemnification, disputes and contract interpretation, shall survive any termination of this Agreement.
17. Except as otherwise authorized by e-World Fashion, the User shall not access or use the Services in any jurisdiction where use of or access to the Services is prohibited or this Agreement, any Policy or any term hereof or thereof is illegal or unenforceable or otherwise outside of the United States of America.
18. Enforcement of this Agreement and any Policies shall be at e-World Fashion’s sole discretion. The failure by e-World Fashion to insist upon or enforce, in any instance, strict performance by the User or any other User of any provisions of this Agreement or any Policy shall not be construed as a waiver or relinquishment of e-World Fashion’s right to assert or rely upon the provisions on any future or other occasion.
19. The Parties intend that the provisions of this Agreement and the Policies be construed to apply to the fullest extent permitted by applicable law. In case any one or more provisions contained in this Agreement or any Policy shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this Agreement or the Policies, but this Agreement and the Policies shall be construed as if such invalid, illegal or unenforceable provision(s) had never been contained herein or therein. Upon such determination that any term or other provision is invalid, illegal or unenforceable, the arbitrator, court or other tribunal making such determination is authorized and instructed to modify this Agreement and/or the Policies so as to effect the original intent of the Parties as closely as possible so that the transactions and agreements contemplated herein are consummated as originally contemplated to the fullest extent possible. If an arbitrator, court or other tribunal holds that this Agreement, any Policy or any term hereof or thereof is invalid or unenforceable and incapable of being so modified, such term(s) shall be struck out, and the other parts of the Agreement and Policies shall remain in effect.
20. The terms of this Agreement and the Policies are applied in e-World Fashion’s sole discretion and according to its own interpretation of the language, which controls and is final and binding. The Parties agree that this Agreement and the Policies shall not be interpreted in favor of or against either Party merely because of its efforts in preparing it, and the rule of construction against the draftsman of an agreement shall not apply to this Agreement or the Policies.
RETURN POLICY
This RETURN POLICY (this “Return Policy”) is effective from September 30, 2020. Reference is hereby made to that certain User Agreement (the “Agreement”), by and between e-World Fashion LLC (“e-World Fashion”) and any person agreeing to the Agreement and/or using any Services (the “User”, as amended, and all other terms, conditions, policies or notices posted from time to time on e-World Fashion’s website(s) (collectively, “Policies”). The Agreement and Policies are incorporated by reference in this Return Policy as though fully set forth herein, and capitalized terms used but not defined herein shall have the meanings set forth therefor in the Agreement and the Policies.
Each Seller must maintain a return policy and detail said policy on all listings. If a Seller does not detail a return policy on a listing, this Return Policy shall apply to all related transactions. Otherwise, a Seller does not have to offer returns and/or do so in accordance with this Return Policy.
A Buyer wishing to return an Item and permitted to do so must use the appropriate channels to process the return, return the Item promptly via the appropriate method and be responsible for the condition of the Item being returned as compared to the condition in which it was received.
If an Item (including a Rental) arrives damaged, does not match the description on the listing or is otherwise incorrect, the Seller is responsible for accepting the return and refunding the purchase price, including shipping. If the Buyer is not entitled to return an Item but changes his or her mind about the purchase, the Buyer may contact the Seller to ask whether the Seller will accept a return.
If an Item is on sale, the Seller has no obligation to issue a refund or exchange the Item for another Item. Unless otherwise specified, there are no returns on Exchanges.
The cost of return shipping for an Item that is not as described is the Seller’s responsibility. When an Item is returned, the Seller must immediately refund/reimburse the purchase price and all additional taxes, fees and costs to the Buyer, and e-World Fashion may, but is not obligated to, facilitate such refunds using any payment method(s) on file with the account at the Seller’s expense. e-World Fashion may offer or require automated returns processes, such as generating return shipping labels and/or processing refunds, and all such activity shall be at the Seller’s sole risk and expense.
If there are any questions about a return, the Buyer should contact the Seller and/or check PAYPAL USER AGREEMENT - PayPal’s Purchase Protection Program.e-World Fashion is not responsible for any issues concerning returns.
PRIVACY NOTICE
This PRIVACY NOTICE (this “Notice”) is effective from April 12, 2021. Reference is hereby made to that certain User Agreement (the “Agreement”) by and between e-World Fashion LLC (“e-World Fashion”) and any person agreeing to the Agreement and/or using the Services (the “User”), as amended, and all other terms, conditions, policies or notices posted from time to time on e-World Fashion’s website(s) (collectively, “Policies”). The Agreement and Policies are incorporated by reference in this Notice as though fully set forth herein, and capitalized terms used but not defined herein shall have the meanings set forth therefor in the Agreement and the Policies.
1. Scope and updates of this Notice
This Notice applies to the User’s use of the Services, regardless of how used or accessed, including access via mobile devices and apps, and pertains to e-World Fashion’s handling of the User’s personal data and the User’s corresponding rights. e-World Fashion may change this Notice at any time by posting the revised Notice on this website and indicating the effective date thereof.
2. Controller
e-World Fashion is responsible for the collection and processing of the User’s personal data in connection with the provision of Services. e-World Fashion’s address is published on its website.
3. Data protection officer and contact
e-World Fashion has appointed a data protection officer to oversee the protection of the User’s personal data. If the User has questions about this Notice or about data protection by e-World Fashion in general, the User can contact the data protection officer at any time. The User may ask e-World Fashion for the contact details of the data protection officer. Furthermore, if the User has questions or complaints regarding this Notice, e-World Fashion’s global data protection principles or e-World Fashion’s handling of personal data, the User can also contact the controller who is responsible for the processing of the User’s personal data at any time (for further information, see Controller above).
4. What personal data we collect and process
e-World Fashion collects the User’s personal data when the User uses the Services, creates a new account, provides information via a web form, adds or updates information in the account, participates in online community discussions or otherwise interacts with e-World Fashion or on its Platform. e-World Fashion also collects personal data from other sources (such as credit agencies or bureaus and other data brokers). e-World Fashion collects the following personal data:
Personal data the User provides when using the Services or creating an account:
· Data that identifies the User, such as name, address, telephone numbers, email addresses, username and tax identification number that are provided when setting up the User’s account or at another time.
· If processing payments through the Platform, additional identification data (such as social security number or date of birth), tax identification numbers (such as VAT identification number) and other information (such as bank account number) that are provided when using payment processing services.
· Data regarding listings, bids, purchases, barters, rentals or sales that are provided in a transaction.
· Content that the User shares with other Users through the Portals’ messaging tools.
· Financial information (e.g. credit card and account numbers, transaction details and form of payment).
· Shipping, billing and other information the User provides, 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 e-World Fashion’s programs.
· In some cases: age, gender, country of birth, nationality, employment status, family status, interests and preferences.
· The User may provide additional information through a web form or by updating or adding information to an account, by participating in community discussions, member chats, inquiries, dispute resolution or customer service calls recorded or if the User contacts e-World Fashion for any other reason regarding the Services.
· Other data that e-World Fashion is required or entitled by applicable law to collect and process and that e-World Fashion needs for authentication or identification, or for the verification of the data collected.
Personal data collected automatically when the User uses the Services or creates an account:
· Data that is generated as part of a transaction (bids, purchases, sales, exchanges, rentals) or that is linked to the User’s account as a result of a transaction, such as transaction amounts, time and location of transactions and form of payment or payment method.
· Data that is generated through the User’s other actions when the User uses the Services and which is linked to the User’s account, e.g. when the User places Items in a shopping cart, places Items on the watch list, saves Sellers, searches or interests or follows other Users.
· Data regarding all other interactions with the Services, the User’s advertising preferences and the User’s communications with e-World Fashion.
· Location data, including general location data (e.g., IP address) and the precise location data of the User’s mobile device. Please note that for most mobile devices, the User can manage or disable the use of location services for all applications in the settings menu.
· Computer and connection information, such as statistics regarding the User’s use of Services, information on data traffic to and from websites, referral URL, information on advertisements, IP address, access times, browser history data, language settings and weblog information.
Personal data collected in connection with the use of cookies and similar technologies:
· e-World Fashion uses cookies, web beacons and similar technologies to collect data while the User uses the Services. e-World Fashion collects this data from the devices (including mobile devices) with which the User accesses or uses the Services.
· Data about the pages the User visits, the access time, frequency and duration of visits, the links on which the User clicks and other actions the User takes as part of using the Services and in advertising and email content.
· Data about the User’s activities and interactions with e-World Fashion’s advertising partners including data about the advertisements the User was shown, how often they were shown, when and where they were shown, and whether the User took any action, such as clicking on an advertisement or making a purchase.
· The user segment or category into which the User falls, for example: female, 18-34 years old, interested in watches.
· 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).
Personal data from other sources:
§ e-World Fashion also collects personal data about the User from other sources and from third parties to the extent permitted by applicable law.
§ Data from public sources (e.g. demographic data).
§ Data from credit agencies or bureaus (e.g. credit reports/checks, identity confirmation, data for risk modeling and setting of credit limits).
§ Data from data providers (e.g. "Know Your Customer"/identity verification, demographic, interest-based and online advertising related data).
§ e-World Fashion combines or connects the personal data collected from the User with data from these other sources. Where personal data is disclosed to e-World Fashion by third parties, e-World Fashion requires that these third parties are legally permitted to disclose the User’s personal data to e-World Fashion.
Social network data the User shares with us
· e-World Fashion may allow the User to use social networks (such as Facebook) or other providers of single sign-on services (such as Google or Apple) with whom the User already has an account to create an e-World Fashion account or to link the e-World Fashion account to such single sign-on services. The User can determine the personal data that e-World Fashion can access when authorizing the connection with the single sign-on service.
· e-World Fashion may allow the User to share personal data with social networks (such as Facebook) or to link the User’s e-World Fashion account to a social network. These social networks may automatically provide e-World Fashion with access to certain personal data they have stored about the User (e.g. content the User has viewed or enjoyed, information about the advertisements the User has been shown or clicked on, etc.). The User can determine the personal data that e-World Fashion can access through the privacy settings of each social network.
· If the User gives e-World Fashion access to video content pages, the User’s grant of access is the User’s consent that e-World Fashion may, for at least two years, or until the User withdraws consent or is no longer connected to the social network, share with and collect from social networks information regarding the User’s viewing of videos.
· e-World Fashion may also use plug-ins or other technologies from various social networks. If the User clicks on a link displayed through a social network plug-in, the User voluntarily connects to that social network.
5. Purposes and legal basis for data processing and categories of recipients
e-World Fashion processes the User’s personal data for various purposes and based on several different legal bases that allow this processing. For example, e-World Fashion processes the User’s personal data to provide and improve the Services, to provide the User with a personalized user experience on this website, to contact the User about the User’s account and the Services, to provide customer service, to provide the User with personalized advertising and marketing communications, and to detect, prevent, mitigate and investigate fraudulent or illegal activity. e-World Fashion also shares the User’s information with third parties, including service providers acting on e-World Fashion’s behalf, for these purposes. Below the User will find a summary of the purposes for which e-World Fashion processes the User’s personal data, including the categories of recipients to whom e-World Fashion transmits personal data for the purposes stated, sorted by e-World Fashion’s legal basis for this processing or sharing.
e-World Fashion processes the User’s personal data in order to fulfil the Agreement and to provide the User with the Services. This includes the following purposes:
· Processing of data relating to the User or the User’s company for the purpose of entering into a contract with the User and executing it.
· Provision of the Services, including but not limited to enabling and performing transactions with other Users (including the transmission of the User’s personal data to other Users where necessary to perform the transaction, including in cases of terminated, failed or subsequently voided transactions, e.g. by sharing the User’s return address so a Buyer may return an Item), displaying the User’s transaction and feedback history to a User, providing and enhancing features such as payment processing, ratings and account management, providing other services the User may use (as described in connection with such services) and ensuring the functionality of the Services. In connection with the provision of the Services, e-World Fashion will send the User notifications relating to the execution of transactions and the use of the Services in accordance with the communication preferences in the User’s account.
· Enabling the delivery of 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 the User’s consent.
· Providing general customer support including the solution of problems with the User’s account, arbitration of disputes, providing other services within the scope of customer service as well as enforcement of fee claims. For these purposes, e-World Fashion may contact the User via email, telephone, SMS, push notification on the User’s mobile device or by mail. If e-World Fashion contacts the User by telephone, in order to ensure efficiency, e-World Fashion may use automatically dialed calls with tape announcements or automated text messages in accordance with the Agreement, to the extent permitted by applicable law.
· Processing of general location data (such as IP address or postal code) in order to provide the User with location-based services (such as radius search and other content that is personalized on the basis of the User’s general location data).
· Enforcement of the Agreement and the Policies.
· Publication and promotion of the User’s listings and related content on the websites or in the applications, services and tools of cooperating third party operators of websites, applications, services and tools. When e-World Fashion shares the content of the User’s listings and any related personal data with third parties, e-World Fashion does 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 e-World Fashion. 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 the User’s listings to other third parties.
· Where necessary, e-World Fashion transmits the User’s personal data to processors and the following recipients for one or several of the purposes described above:
o Other Users
o External service providers and shipping companies (such as DHL, UPS, etc.)
o Payment service providers such as PayPal
o External operators of websites, applications, services and tools
e-World Fashion processes the User’s personal data in order to comply with legal obligations to which e-World Fashion is subject. This includes the following purposes:
· Participation in investigations and 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).
· Complying with information requests from third parties based on any statutory information rights they have against e-World Fashion (e.g. in the event of an intellectual property infringement, product piracy, or other unlawful activity).
· Ensuring the information security of the Services.
· Retention and storage of the User’s personal data to comply with specific legal retention requirements.
· Where necessary, e-World Fashion transmits the User’s personal data to processors and the following recipients for one or several of the purposes described above:
o Law enforcement agencies, courts, government agencies or public authorities, intergovernmental or supranational bodies (including in connection with compliance with Luxembourg laws concerning FATCA dated July 7, 2015 and concerning the OECD Common Reporting Standard dated December 18, 2015).
o Third parties based on statutory information claims against e-World Fashion
o Third party service providers
o Third parties who are involved in judicial proceedings, in particular, if they submit a legal order, court order or equivalent legal order to e-World Fashion
o 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 the User’s credit report)
E-World Fashion processes the User’s personal data in order to protect the User’s 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 the User’s vital interests or the vital interests of another natural person, unless there is a statutory obligation to this effect.
· Where necessary, e-World Fashion transmits the User’s personal data to processors and the following recipients for one or several of the purposes described above:
o Law enforcement agencies, courts, government agencies or public authorities, intergovernmental or supranational bodies
o Third parties who are involved in judicial proceedings
o External service providers
E-World Fashion processes the User’s personal data where necessary for the purposes of the legitimate
interests pursued by e-World Fashion or by a third party, except where such interests are overridden by the User’s interests or fundamental rights and freedoms. In order to reconcile e-World Fashion’s legitimate interests with the User’s rights, e-World Fashion has introduced appropriate control mechanisms. On this basis, e-World Fashion processes the User’s 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 e-World Fashion 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, e-World Fashion will only disclose what e-World Fashion believes is necessary, such as the User’s name, city, zip code, telephone number, email address, (previous) user names, IP address, fraud complaints and bidding and listing history.
· Protection of the legitimate interests of third parties in connection with civil law disputes, unless there is a statutory obligation to this effect, if e-World Fashion may legitimately assume that it is necessary to disclose the data to such third parties in order to avert imminent disadvantages.
· Prevention, detection, mitigation and investigation of fraud, security breaches and other prohibited or unlawful activities, including the assessment of corresponding risks (e.g. through the use of captchas or the telephone number stored in the User’s account for two-factor authentication), unless there is a statutory obligation to this effect.
· Monitoring and improvement of the information security of the Services, unless there is a statutory obligation to this effect.
· Performance of identity checks, creditworthiness and other financial standing checks, evaluation of applications and comparison of information for accuracy and verification purposes.
· Automatic filtering and, where necessary, manual review of messages sent through the Platform’s messaging tools to prevent fraudulent or suspicious activity or violations of the Agreement or other rules and Policies, including enforcing the prohibition of purchases, sales and other transactions outside of the Platform.
· Provision of functions for Users that make the processing of transactions easier or more convenient (e.g. administration of several delivery addresses).
· Analysis of telephone conversations with e-World Fashion’s customer service that e-World Fashion recorded.
· Advertisements by mail (according to the User’s communication preferences in the User’s account).
· To the extent permitted by applicable law without the User’s consent, communications with the User via electronic mail (e.g. email or text message) or telephone to offer the User vouchers, discounts and special offers, to conduct opinion polls and surveys and to inform the User about the Services (according to the User’s communication preferences in the User’s account). If the User does not wish to receive marketing communications from e-World Fashion, the User can also unsubscribe by clicking on the link in the email the User received. For technical reasons, the implementation may take a few days.
· Notifications regarding promotions and information about the Services after logging into the User’s account or in messages in the Platform (according to the User’s communication preferences in the User’s account).
· For Users outside the European Economic Area (EEA): personalization, measurement and improvement of e-World Fashion and third-party advertisements in e-World Fashion or third-party online offerings.
· Customization of page content to display the Items the User may like based on the actions the User takes.
· Evaluation of the quality and success of e-World Fashion’s email marketing campaigns (e.g. through analysis of opening and click rates).
· Assessment of the Service status (e.g. on the basis of tracking information if Sellers use shipping labels from shipping providers via the Platform or provide tracking numbers).
· Offering of partner and bonus programs and other co-branded marketing efforts, e.g. co-branded credit cards in collaboration with a third party credit card issuer.
· Provision of shared content and services (such as registration for services, transaction processing and customer service) with cooperating payment service providers.
· Initiation, preparation and execution of a company acquisition, e.g. in the event of a merger with another company or takeover by another company. If such an event occurs, e-World Fashion will require the merged entity to comply with this Notice with respect to the User’s personal data. Should the User’s personal data be processed for any purpose not specified in this Notice, the User will be informed in advance of the processing of the User’s data for this new purpose.
· Assertion of or defense against legal claims, including those asserted by one User against another User.
· Where necessary, e-World Fashion transmits the User’s personal data to processors and the following recipients for one or several of the purposes described above:
o External service providers
o Other Users
o Law enforcement agencies, arbitrators, courts, government agencies or public authorities, ntergovernmental or supranational bodies
o Third parties who are involved in arbitration or judicial proceedings
o Payment service providers including PayPal
o Credit agencies or bureaus, data verification services, risk assessment vendors and collections agencies (e.g. information about payment delays, payment defaults or other irregularities that may be relevant to the User’s credit report, or that e-World Fashion uses to confirm the User’s identity, model risk, establish credit limits, or collect unpaid debts)
o Other companies in the context of a company acquisition
o Third parties in the event of an investigation for fraud, intellectual property infringement, retail crime, stolen goods, product piracy or other unlawful activity, if e-World Fashion, in its sole discretion, deems the investigation of such incident necessary or useful. In such cases, e-World Fashion will disclose the User's name, address, city, zip code, country, telephone number, email address and company name to the third party and bind the third party by a worldwide non-disclosure agreement to treat the data as confidential to the extent practicable.
With the User’s consent, e-World Fashion processes the User’s personal data for the following purposes:
§ For Users within the European Economic Area (EEA): personalization, measurement and improvement of e-World Fashion and third-party advertisements in e-World Fashion and third-party online offerings
§ Marketing communications by telephone or electronic mail (such as email or SMS), unless these communications are permitted without the User’s consent under applicable law. e-World Fashion may engage third parties to send marketing communications on e-World Fashion’s behalf
§ Processing of the User’s precise location data to provide location-based services
§ Provision of a single sign-on service allowing the User to register or log-in to third-party services using the User’s Platform log-in credentials
§ Processing of the User’s personal data on the basis of the User’s consent, which the User has given so that e-World Fashion or third parties can enable the User to use certain services or make them available to the User
§ The User can find information about the User’s right to withdraw the User’s consent below under Rights as a data subject and information with regard to the use of cookies and similar technologies below under Cookies & similar technologies.
§ Where necessary, e-World Fashion transmits the User’s personal data to processors and the following recipients for one or several of the purposes described above:
· External service providers
· Third parties using e-World Fashion’s single sign-on service (as authorized by the User in each single case)
· Other third parties with whom e-World Fashion partners to offer the User specific services (as described at the collection of the respective User consent)
· Third-party financial institutions with whom e-World Fashion partners to offer financial products to the User, for them to provide joint content and services (such as, registration, transactions and customer support). These third-party financial institution partners will use the User’s personal data to send the User marketing communications only if the User has requested their services
Automated decision-making. E-World Fashion uses technologies that are considered automated decision making or profiling. e-World Fashion will not make any automated decisions about the User that would significantly affect the User unless such a decision is necessary for entering into, or the performance of, a contract with the User, e-World Fashion has obtained the User’s consent or e-World Fashion is required by applicable law to use such technology. The User will find information on the User’s right to object to this processing of the User’s data below.
6. International data transfers
Some recipients of the User’s personal data are located outside the User’s country or have offices in countries where data protection laws may provide a different level of protection than the laws in the User’s country. When transferring personal data to such recipients, e-World Fashion provides appropriate safeguards.
Data transfers (from the European Economic Area to third countries). e-World Fashion will only transfer the User’s personal data from the European Economic Area (EEA) to third countries, i.e. countries outside the EEA, on the basis of appropriate safeguards. Third countries providing an adequate level of data protection according to the European Commission currently include Andorra, Argentina, Canada (for companies covered by the Personal Information Protection and Electronic Documents Act), Switzerland, the Faroe Islands, Guernsey, the State of Israel, the Isle of Man, Japan, Jersey, New Zealand and Uruguay. Recipients in the USA can be partially certified according to the EU-U.S. Privacy Shield, so that appropriate safeguards for an international data transfer exist. In other cases, e-World Fashion provides the necessary safeguards, e.g. through the conclusion of data protection contracts adopted by the European Commission (e.g. standard data protection clauses) with the recipients, or through other measures provided for by law. A copy of relevant documentation of the measures taken is available on request.
7. Storage duration and erasure
The User’s personal data will be stored by e-World Fashion and its service providers in accordance with applicable data protection laws to the extent necessary for the processing purposes set out in this Notice. Subsequently, e-World Fashion will delete the User’s personal data in accordance with e-World Fashion’s data retention and deletion policy or take steps to properly render the data anonymous, unless e-World Fashion is legally obliged to keep the User’s personal data longer (e.g. for legal compliance, tax, accounting or auditing purposes). In Europe, the retention periods are generally between 6 and 10 years (e.g. for contracts, notifications and business letters). As far as legally permissible or required, e-World Fashion restricts the processing of the User’s data instead of deleting it (e.g. by restricting access to it). This applies in particular to cases where e-World Fashion may still need the data for the execution of the contract or for the assertion of or defense against legal claims, or where such retention is otherwise required or permitted by law. 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 e-World Fashion’s data retention guidelines. How long e-World Fashion retains personal data may vary depending on the Services e-World Fashion provides and its legal obligations under applicable law. The following factors typically affect the retention period:
§ Necessity for the provision of the Services. This includes such things as executing the Agreement with the User, maintaining and improving the performance of the Services, keeping e-World Fashion’s systems secure and maintaining appropriate business and financial records. Most of e-World Fashion’s retention periods are determined on the basis of this general rule.
§ Special categories of personal data. If e-World Fashion stores special categories of personal data (i.e., personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic or biometric data which is being processed for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation), a shorter retention period is usually appropriate.
§ Consent-based processing of personal data. If e-World Fashion processes personal data on the basis of consent (including consent to the extended storage), e-World Fashion stores the data for as long as necessary in order to process it according to the User’s 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 applicable law.
8. Rights as a data subject
Subject to possible restrictions under applicable law, as a data subject, the User has the right to access, rectification, erasure, restriction of processing and data portability with regard to the User’s personal data. In addition, the User can withdraw the User’s consent and object to e-World Fashion’s processing of the User’s personal data on the basis of e-World Fashion’s legitimate interests. The User can also lodge a complaint with a supervisory authority.
The User can withdraw the User’s consent to the processing of the User’s personal data by e-World Fashion at any time. As a result, e-World Fashion may no longer process the User’s 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.
The User has the right to obtain access to the User’s personal data that is being processed by e-World Fashion. In particular, the User 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 the User), the existence of automated decision-making, including profiling and, where appropriate, meaningful information on its details. The User’s right to access may be limited by applicable law.
The User has the right to obtain from e-World Fashion without undue delay the rectification of inaccurate personal data concerning the User. Taking into account the purposes of the processing, the User has the right to have incomplete personal data completed, including by means of providing a supplementary statement.
The User has the right to obtain from e-World Fashion the erasure of personal data concerning the User, 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 applicable law.
The User has the right to obtain from e-World Fashion restriction of processing to the extent that:
§ the accuracy of the data is disputed by the User,
§ the processing is unlawful, but the User opposes the erasure of the personal data,
§ e-World Fashion no longer needs the data, but the User needs it to assert, exercise or defend legal claims or
§ the User has objected to the processing.
The User has the right to receive the personal data concerning the User, which the User has provided to e-World Fashion, in a structured, commonly used and machine-readable format and has the right to transmit those data to another controller ("right to data portability").
The User has the right to lodge a complaint with a supervisory authority or the registered office of the controller.
If the User’s personal data is processed on the basis of e-World Fashion’s legitimate interests, the User has the right to object to the processing of the User’s personal data on grounds relating to the User’s particular situation. This also applies to profiling. If the User’s personal data is processed by e-World Fashion for direct marketing purposes, the User has the right to object at any time to the processing of the User’s 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, e-World Fashion may charge an appropriate fee (at most its actual costs) in accordance with the applicable statutory regulations or refuse to process the application.
Exercising the User’s rights and managing the User’s settings. The User can exercise the User’s rights as a data subject by contacting e-World Fashion. If the User would like to change the User’s preferences regarding notifications (including marketing communications), the User can do so at any time by contacting e-World Fashion. If the User does not wish to receive marketing communications from e-World Fashion, the User can also unsubscribe by clicking on the link in the email the User received. For technical reasons, the implementation may take a few days.
9. Cookies & similar technologies
When the User uses the Services, e-World Fashion and selected third parties may use cookies and similar technologies to provide the User with a better, faster and safer user experience or to show the User personalized advertising. Cookies are small text files that are automatically created by the User’s browser and stored on the User’s device when the User uses the Services. The User can find detailed information about e-World Fashion’s use of cookies and similar technologies and the User’s choices in e-World Fashion’s Cookie Notice.
e-World Fashion’s cookies and similar technologies have different functions:
§ They may be technically necessary for the provision of the Services
§ They help e-World Fashion optimize the Services technically (e.g. monitoring of error messages and loading times)
§ They help e-World Fashion improve the User’s user experience (e.g. save font size and form data entered)
§ They allow e-World Fashion to show the User more relevant advertisements
e-World Fashion uses cookies and similar technologies that remain on the User’s device only as long as the User’s browser is active (session cookies), as well as cookies and similar technologies that remain on the User’s device longer (persistent cookies). Where possible, e-World Fashion takes appropriate security measures to prevent unauthorized access to e-World Fashion’s cookies and similar technologies. A unique ID ensures that only e-World Fashion and/or selected third parties have access to cookie data.
The User’s choices regarding cookies. The User is free to disable the use of cookies and similar technologies if this is supported by the User’s device. The User can manage the User’s cookie settings in the User’s browser or device settings. In addition, the User can decide whether e-World Fashion may use cookies and similar technologies to show the User personalized advertisements:
· To manage the settings regarding the use of first-party cookies (and similar technologies) for advertising-related purposes, please contact e-World Fashion
· The User can find information about third-party cookies (and similar technologies) related to advertising and how to prevent their use on the following websites:
o www.youronlinechoices.eu
o www.aboutads.info/choices (only available in English)
o www.networkadvertising.org/choices (only available in English)
· Users in the European Economic Area (EEA) can also use Advertising and related preferences to determine to what extent they consent to the processing of their personal data for advertising purposes via cookies (and similar technologies)
If the User decides not to have the User’s personal data processed by e-World Fashion for advertising purposes via cookies (and similar technologies), this does not mean that e-World Fashion will not show the User advertisements. It simply means that these advertisements will not be personalized for the User using first-party or third-party cookies, web beacons, or similar technologies.
10. Data security
e-World Fashion protects the User’s 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 e-World Fashion uses firewalls and data encryption, for example, as well as physical access restrictions for its data centers and authorization controls for data access. The User can find further information on e-World Fashion’s data security by contacting e-World Fashion.
11. Other important information regarding data protection
This section contains important additional information about the protection of personal data in connection with the use of the Services, including whether the User is required to provide personal data.
What happens when the User shares the User’s personal data on the Platform(s)?
§ Other Users have access to the information the User shares on the Platform or discloses to other Users. For example, other Users can see the User’s bids, purchases, items for sale, saved interests, sellers and searches, storefronts, feedback, ratings, product reviews and associated comments. Other Users can also see any information the User chose to share in the User’s profile.
§ When the User uses the Services, the User’s public User ID may be displayed and available to the public and associated with all of the User’s public Platform activity. Notices sent to other Users about suspicious activity and notice violations on e-World Fashion’s sites may refer to the User’s public User ID and specific items. Accordingly, if the User uses a username that allows others to identify the User, these others may be able to identify the User’s Platform activities.
§ To help protect the User’s personal data, e-World Fashion allows only limited access to other Users' contact, shipping and financial information as necessary to facilitate the User’s transactions and collect payments. However, when Users are involved in a transaction, they have access to each other's name, User ID, email address and other contact and shipping information. For example, e-World Fashion may allow Users to exchange telephone numbers in order to contact each other prior to completing a transaction (e.g. a Seller may opt to share their telephone number with a Buyer so that the Buyer may call with questions about a listed Item). In this case, Sellers are prohibited from using a buyer's telephone number for other purposes (e.g. completing a transaction off the Platform or adding the Buyer to a marketing list).
The User’s responsibilities over transactional information the User receives through the Platform
§ When the User completes a transaction with another User (or a transaction has been cancelled, failed or subsequently invalidated), e-World Fashion will provide the User with the other User's personal data (such as name, username, email address, contact information, shipping and billing information or return address). Independent from e-World Fashion, the User is the controller of such data and responsible for any processing that the User perform after e-World Fashion has shared this data with the User, including compliance with any limitations imposed by this Notice and the Agreement.
§ Unless the User acts for purely personal purposes, e-World Fashion recommends that the User explain the User’s data processing activities in the User’s own privacy notice and protect the privacy of other Users. As a Seller, the User must in any case comply with the applicable data protection laws and in particular protect the rights of other Users as data subjects, e.g. give them the opportunity to access the personal data collected by the User and demand that it be erased.
§ The User may only use the personal data that the User has access to for Platform transaction-related purposes, or for other Services offered (such as shipping, fraud complaints and member-to-member communications), and for purposes expressly consented to by the User to whom the data relates. Using personal data of other Users that the User has access to for any other purpose, such as adding them to a mailing list without their express consent, constitutes a violation of the Agreement.
Personal data relating to third parties. If the User provides e-World Fashion with personal data relating to another person, the User must obtain the consent of this person or the disclosure of the data to e-World Fashion must be otherwise legally permissible. The User must inform the other person of how e-World Fashion processes personal data in accordance with the Notice.
Filtering of messages sent via the Platform’s messaging tools. All messages sent via the Platform’s messaging tools may first be received by e-World Fashion and then forwarded to the recipient. All messages are subject to being automatically filtered according to certain criteria. If necessary, conspicuous messages may be checked manually by e-World Fashion’s customer service. In the event of a violation of the Agreement (including any of e-World Fashion’s rules and Policies), e-World Fashion reserves the right to block the transmission of the message, restrict the purchase, sale and similar functions of the User’s account and/or block the User’s account. This is to protect e-World Fashion’s legitimate interests such as protecting against fraudulent or suspicious activities (e.g. spam, viruses, phishing or other illegal activities) or enforcing the Agreement and e-World Fashion’s other rules and Policies (e.g. illegal and other prohibited content), including but not limited to enforcing the prohibition of purchases, sales and other transactions outside of the Platform.
Is the User obliged to provide the User’s personal data to e-World Fashion? Some of the personal data that the User provides to e-World Fashion (e.g. data by which e-World Fashion can identify the User) is required to enter into the Agreement. As described elsewhere in this Notice, e-World Fashion may share this data with service providers, including payment processors, credit agencies and bureaus. Although the provision of any other personal data (e.g. address and shipping data) is voluntary, it may be necessary for the use of the Services, such as bidding, purchase and sales data to complete a transaction.
Children's Privacy. The Services are not intended for the use by children. e-World Fashion does not knowingly collect personal data from Users who are considered children under applicable laws. Under the Agreement, children are not permitted to use the Services.
Staying Signed-in. When the User signs into the User’s account on the Services, e-World Fashion gives the User the option to stay signed-in to the User’s account for a certain amount of time. If the User is using a public or shared computer, e-World Fashion encourages the User to decline. The User or any other user of the computer/browser the User signed in on will be able to view and access most parts of the User’s account and take certain specific actions during this signed-in period without any further authorization. The specific actions and account activities that the User or any other user of this computer/browser may take include:
§ Bid, buy or make an offer on an Item
§ Check out or add Items to the User’s cart
§ Purchase an Item with stored payment methods
§ View or edit account information
§ Send messages, including to other Users
§ Conduct post-transaction activities, like leaving feedback, canceling orders, requesting returns or submitting claims
If the User attempts to change the User’s password or User ID, update any other account information or attempt other account activity beyond those listed above, the User may be required to enter the User’s password.
The User can typically end the User’s signed-in session by either signing out and/or clearing the User’s cookies. If the User has certain browser privacy settings enabled, simply closing the User’s browser may also end the User’s signed in session. If the User is using a public or shared computer, the User should sign out and/or clear the User’s cookies when the User is done using the Services to protect the User’s account and the User’s personal data.
CALIFORNIA PRIVACY NOTICE
This CALIFORNIA PRIVACY NOTICE (this “California Notice”) is effective from September 30, 2020. Reference is hereby made to that certain User Agreement (the “Agreement”), by and between e-World Fashion LLC (“e-World Fashion”) and any person agreeing to the Agreement and/or using the Services (the “User”), as amended, and all other terms, conditions, policies or notices posted from time to time on e-World Fashion’s website(s), including without limitation the Privacy Notice (collectively, “Policies”). The Agreement and Policies are incorporated by reference in this California Notice as though fully set forth herein, and capitalized terms used but not defined herein shall have the meanings set forth therefor in the Agreement and the Policies. This California Notice is provided as a supplement to the Privacy Notice and includes information on how the User can exercise the User’s rights pursuant to the California Consumer Privacy Act (the “CCPA”). This California Notice applies solely to individual residents of the State of California. This California Notice does not apply to the personal information e-World Fashion collects from employees or job applicants.
Categories of personal information that e-World Fashion may collect about California consumers
· Identifiers, such as name, alias, postal address, unique personal identifier, online identifier, internet protocol (IP) address, email address, account name, social security number, driver’s license number, passport number or other similar identifiers.
· Customer Records, such as physical characteristics or description, telephone number, bank account number, credit card number, debit card number, or any other financial information.
· Personal Characteristics or Traits, such as demographic data.
· Customer Account Details/Commercial Information, such as records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
· Internet Usage Information, such as browsing history, search history and information regarding a consumer’s interaction with any e-World Fashion website, Platform, Services or advertisement.
· Geolocation Data, such as physical location or movements and travel patterns.
· Sensory Data, such as audio recordings of customer service calls.
· Inferences derived from personal information, such as information about the User’s interests or purchase preferences.
Categories of sources of personal information that e-World Fashion collects. E-World Fashion receives personal information from a variety of sources, including from the User directly, the User’s devices or partners. The categories of sources from which personal information is collected includes:
§ The User
§ Other Users
§ Advertising networks
§ Service providers (including Internet service providers or ISPs)
§ Data analytics providers
§ Government entities and other public sources
§ Operating systems and platforms
§ Social networks
§ Data brokers and other data providers
§ Vendors and suppliers
§ Credit agencies or bureaus
§ Other sources as listed in the Privacy Notice
Business or commercial purpose for collection. The purposes for which e-World Fashion collects personal information are described in the Privacy Notice.
Categories of personal information disclosed for a business purpose. e-World Fashion shares personal information with service providers and other vendors. The following Table lists the categories of personal information disclosed for a business purpose and the categories of recipients who have received this personal information. Not every one of the following categories may apply to the User’s personal information.
Category of Personal Information Disclosed for a Busines Purpose
Category of Recipients
1. Identifiers
2. Customer Records
3. Personal Characteristics or Traits
4. Customer Account Details/Commercial Information
5. Internet Usage Information
6. Geolocation Data
7. Inferences Derived from Personal Information
· Service providers
· Credit agencies (when required by law)
· Financial institutions
· Government authorities and agencies
Categories of personal information “sold.” The following lists the categories of personal information “sold” and the categories of recipients who have received this information. The CCPA’s definition of “sale” is broad and includes sharing practices common among online marketplaces. While, without the User’s consent, e-World Fashion does not sell the User’s personal information for money, e-World Fashion does share information for a variety of other purposes, such as to tailor the User’s online experience or provide more relevant advertisements to the User.
e-World Fashion identifies in the table below as a “sale” the categories of personal information that e-World Fashion disclosed to third parties for advertising purposes, which allows them to tailor the User’s online experience, provide relevant content to the User and measure its effectiveness.
Category of Personal Information “Sold”
Category of Recipients
1. Identifiers
2. Internet Usage Information
3. Inferences Derived from Personal Information
· Advertising networks
Children. e-World Fashion does not knowingly collect, disclose or sell the personal information of consumers under 16. According to the Agreement, children under age 18 are not permitted to use the Services. If a parent or guardian becomes aware that a child has provided e-World Fashion with personal information, they should contact e-World Fashion, and e-World Fashion will address the issue.
CCPA Rights
The CCPA provides new rights to California consumers. These include rights to: access, deletion, opt-out and non-discrimination. This section provides more information about each right and how California consumers can exercise these rights under the CCPA.
For e-World Fashion to fulfill the User’s request, the User must provide sufficient information for e-World Fashion to reasonably verify that the User is the consumer from whom e-World Fashion collected the personal information. The information the User sends for e-World Fashion to verify the User’s identity will be used for this purpose only. If e-World Fashion is unable to verify the User’s identity or if e-World Fashion suspects fraudulent activity, e-World Fashion may decline to comply with the User’s request.
E-World Fashion will make commercially reasonable efforts to identify the User’s personal information that e-World Fashion collects, processes, stores, discloses and otherwise uses and to respond to the User’s requests. e-World Fashion reserves the right to charge a reasonable fee, or decline to act upon a request, if it is excessive or overly burdensome. In addition, e-World Fashion will not honor the User’s requests to the extent that doing so would infringe upon e-World Fashion’s or any other person or party’s rights or conflict with applicable law. If e-World Fashion denies the User’s request, e-World Fashion will explain the reasons in its response.
Right to access
o The right to access (also called a “request to know”)
§ California consumers have the right to request that e-World Fashion disclose the personal information that e-World Fashion collects, uses, discloses and sells. This includes the right to request the categories of personal information e-World Fashion has collected about them, the categories of sources of personal information, the business or commercial purpose for collecting or selling personal information, the categories of third parties with whom e-World Fashion shares or sell personal information, and the specific pieces of personal information e-World Fashion has collected.
§ e-World Fashion tries to fulfill access requests within 45 days of receiving the request. If e-World Fashion needs more time or additional information to fulfill the User’s request, e-World Fashion will write to let the User know.
o How to exercise the right to access
§ Registered e-World Fashion Users with accounts in good standing
· If the User is a registered e-World Fashion User with an account in good standing, the User can request a copy of the data e-World Fashion holds about the User at any time through the User’s e-World Fashion account. e-World Fashion will verify the User’s identity using the User’s existing username and password prior to allowing the User to make a request.
· The User may submit the User’s request by contacting e-World Fashion
§ For non-registered e-World Fashion Users and e-World Fashion Users with suspended accounts, the User may submit the User’s request by contacting e-World Fashion.
· e-World Fashion is required to verify the identity of everyone to whom e-World Fashion releases personal information. Please include the User’s first name, last name, country of residence and the email address the User used for any guest transactions the User made. Before fulfilling the User’s data request, e-World Fashion will ask the User for Proof Of Identity (POI) and Proof Of Address (POA) to ensure that e-World Fashion is only releasing personal information to authorized parties.
· The POI/POA the User provides will be used solely for the purpose of identity verification related to this transaction (i.e. the release of personal information) and will be processed and stored in accordance with the Notice.
· The User may also contact Customer Service to submit the User’s access request.
§ Authorized agents
· If the User is a registered agent and wants to submit a request on behalf of a California consumer with a registered e-World Fashion account in good standing, the User should work with the registered User to submit an access request directly through his or her account.
· If the User is submitting a request on behalf of a person without a registered e-World Fashion account, the User may submit the request by contacting e-World Fashion and disclosing, “I am a third party making a request on behalf of a data subject.”
· The User will need to provide POI and POA for the consumer on whose behalf the User is submitting the request and proof that the User is authorized to act on their behalf. Only after verifying both the User’s authorization to act and proof of the requestor’s identity will e-World Fashion fulfill the request. The report containing a copy of the requestor’s personal data will be sent directly to the requestor at the email address he or she uses for e-World Fashion transactions.
· If the name, address or email address the User provides e-World Fashion for the requestor does not match what is in e-World Fashion’s records, e-World Fashion will not be able to process the request.
Right to deletion
§ The right to deletion
· Subject to some exceptions, California consumers have the right to request the deletion of the personal information e-World Fashion has collected from them.
· Deletion requests may take between 30 and 60 days to fulfill (depending on whether the User has recently transacted business through e-World Fashion. If e-World Fashion needs more time or additional information to fulfill the User’s request, e-World Fashion will write to let the User know.
§ How to exercise the right to deletion
· Registered e-World Fashion Users with accounts in good standing
o If the User is a registered e-World Fashion User with an account in good standing, the User can submit a deletion request at any time through the User’s e-World Fashion account. The User’s account will be closed as part of fulfilling the User’s deletion request. e-World Fashion will verify the User using the User’s existing username and password prior to allowing the User to make a request.
· Non-registered e-World Fashion Users (e.g. guest Users) or e-World Fashion Users with suspended accounts
o For non-registered e-World Fashion Users and e-World Fashion Users with suspended accounts, the User may submit the User’s deletion request by contacting e-World Fashion.
o e-World Fashion is required to verify the identity of everyone to whom e-World Fashion releases personal information. Please include the User’s first name, last name, country of residence and the email address the User used for any guest transactions the User made. Before fulfilling the User’s request, e-World Fashion will ask the User for POI and POA to ensure that e-World Fashion is only deleting personal information for authorized parties.
o The POI/POA the User provides will be used solely for the purpose of identity verification related to this transaction (i.e. the deletion of personal information) and will be processed and stored in accordance with the Notice.
o The User may also contact Customer Service to submit the User’s deletion request.
· Authorized agents
o If the User is a registered agent and wants to submit a request on behalf of a California consumer with a registered e-World Fashion account in good standing, the User should work with the registered User to submit a deletion request directly through his or her account.
o If the User is submitting a request on behalf of a person without a registered e-World Fashion account, the User may submit the request by contacting e-World Fashion and disclosing, “I am a third party making a request on behalf of a data subject.”
o The User will need to provide POI/POA for the consumer on whose behalf the User is submitting the request and proof that the User is authorized to act on their behalf. Only after verifying both the User’s authorization to act and proof of the requestor’s identity will e-World Fashion fulfill the request.
o If the name, address or email address the User provides e-World Fashion for the requestor does not match what is in e-World Fashion’s records, e-World Fashion will not be able to process the request.
Right to opt-out
§ The right to opt-out
· California consumers have the right to opt-out of any “sale” of their personal information. As mentioned, the CCPA’s definition of “sale” is broad and includes sharing practices common among online marketplaces. While, without the User’s consent, e-World Fashion does not sell personal information for money, e-World Fashion does share information for a variety of other purposes, such as to tailor the User’s online experience or provide more relevant advertisements to the User.
§ How to exercise the right to opt-out
· Registered e-World Fashion Users with accounts in good standing
o The User may contact e-World Fashion to make a “CCPA opt-out request.”
o In addition, the User may contact Customer Service to submit the User’s opt-out request.
· Non-registered e-World Fashion Users (e.g. guest Users) or e-World Fashion Users with suspended accounts
o The User may contact e-World Fashion to make a request
o Important note for Users without a registered e-World Fashion account: e-World Fashion is unable to permanently opt-out consumers who do not have a registered e-World Fashion account. When non-registered Users opt-out, the opt-out choice will only apply to the User’s use of e-World Fashion through the browser used to submit the User’s opt-out request so long as that browser’s cookies are not erased.
· Authorized agents
o If the User is a registered agent and want to submit an opt-out request on behalf of a registered e-World Fashion User, the User may contact e-World Fashion to make a request.
o A User making such request should disclose, “I am a third party making a request on behalf of a data subject.”
o The User should include the e-World Fashion username of the consumer for whom the User is making the request and disclose, “CCPA opt-out request.”
o As mentioned, e-World Fashion is unable to permanently opt-out consumers without a registered e-World Fashion account. Please inform the consumer for whom the User is making the request that the opt-out choice will only apply to his or her use of e-World Fashion through the browser used to submit the request and only so long as that browser’s cookies are not erased.
Right to non-discrimination. A business may not discriminate against a California consumer because the consumer exercised their rights under CCPA. e-World Fashion does not use the fact that the User has exercised, or requested to exercise, any CCPA rights for any purpose other than facilitating a response to the User’s request.
Do Not Track. California law requires e-World Fashion to let the User knows how e-World Fashion responds to web browser Do Not Track (DNT) signals. Because there currently isn't an industry or legal standard for recognizing or honoring DNT signals, e-World Fashion doesn't respond to them at this time.
California’s “Shine the Light” Law. If the User is a California resident, the User is entitled once a year, free of charge, to request and obtain certain information regarding e-World Fashion’s disclosure, if any, of certain categories of Personal Information to third parties for their direct marketing purposes in the preceding calendar year. e-World Fashion does not share personal information with third parties for their own direct marketing purposes without obtaining the User’s consent or providing the ability to opt-out.
Cookies. e-World Fashion encourages the User to manage the User’s browser-based cookies by adjusting the User’s settings. For more detailed information about e-World Fashion’s practices related to cookies, web beacons and similar technologies, please see the Cookie Notice.
Security and Protection of Personal Information. For more information on how e-World Fashion protects the User’s personal information from unauthorized use and access, refer to the Notice.
Changes. e-World Fashion reserves the right to change this California Notice from time to time. Changes shall become effective on the date they are posted.
Additional information. If the User has any questions about this California Privacy Policy, e-World Fashion’s global privacy standards or e-World Fashion’s handling of personal data, the User can contact e-World Fashion.
COOKIE NOTICE
This COOKIE NOTICE (this “Cookie Notice”) is effective from September 30, 2020. Reference is hereby made to that certain User Agreement (the “Agreement”), by and between e-World Fashion LLC (“e-World Fashion”) and any person agreeing to the Agreement and/or using the Services (the “User”), as amended, and all other terms, conditions, policies or notices posted from time to time on e-World Fashion’s website(s) (collectively, “Policies”). The Agreement and Policies are incorporated by reference in this Cookie Notice as though fully set forth herein, and capitalized terms used but not defined herein shall have the meanings set forth therefor in the Agreement and the Policies.
Users can adjust the settings for the usage of first-party cookies (and similar technologies) for marketing purposes by contacting e-World Fashion. Users in the European Economic Area (the “EEA”) can also determine whether they consent to the use of cookies and similar technologies for marketing purposes via advertising preferences.
The Cookie Notice details all relevant information regarding the use of cookies, web beacons and similar technologies in connection with the Services and options in this regard. This Cookie Notice shall be read in conjunction with the Privacy Notice and the information regarding cookies and similar technologies which the Privacy Notice contains. This Cookie Notice is applicable regardless of how the User accesses and makes use of the Services including the access via mobile devices and apps.
1. Information regarding the technologies e-World Fashion uses
When the User uses the Services, e-World Fashion and authorized third-party providers make use of cookies and similar technologies. e-World Fashion makes use of cookies and similar technologies which will not be saved on the User’s device or which will only be saved on the User’s device for as long as the User’s browser is active (e.g. session cookies). Furthermore, e-World Fashion makes use of cookies and similar technologies which will be saved on the User’s device for a longer period (e.g. persistent cookies). Where possible, e-World Fashion takes appropriate security measures to prevent unauthorized access to e-World Fashion’s cookies and similar technologies. A unique identifier (ID) ensures that only e-World Fashion and authorized third-party providers have access to data that has been collected by means of cookies and similar technologies.
The cookies and similar technologies used by e-World Fashion have various functions:
· They can be (technically) necessary for the provision of the Services
· They help e-World Fashion to technically enhance the Services (e.g. monitoring of error messages and loading times)
· They help e-World Fashion to improve the User’s user experience (e.g. by saving the font size and data entered into webforms)
· They enable e-World Fashion to show the User more relevant ads
What are cookies, web beacons and similar technologies
§ Cookies
· Cookies are small text files (typically made up of letters and numbers) which are placed in the memory of the User’s browser or device when the User makes use of the Services, in particular when the User visits e-World Fashion’s website or when the User opens a message. Cookies allow for a recognition of a specific device or browser. There are different types of cookies:
o Session cookies (also called session-based cookies) expire at the end of the User’s session (e.g. when closing the User’s browser window) and enable the entity using them to track the User’s activities during this one session
o Persistent cookies remain stored on the User’s device between sessions and enable e-World Fashion, for example, to track the User’s settings or activities on several websites
o First-party cookies are set by the provider whose online service the User is using (e.g. the operator of the website the User is visiting)
o Third-party cookies are set by a provider other than the provider whose online service the User is using (e.g. the operator of a website other than the one the User is visiting)
§ Web beacons
· Web beacons (also known as pixel tags or clear GIFs) are small graphic images that are used in connection with the provision of the Services and which typically work in conjunction with cookies to track the use of an online service by its users. For example, when e-World Fashion sends the User emails, web beacons may allow e-World Fashion to track if the User opened the emails and clicked links to measure campaign performance and improve features.
§ Similar technologies
· Similar technologies are technologies which enable the entity using it to track the User’s user behavior. This can be done by local shared objects or local storage, such as flash cookies, HTML 5 cookies and other web application software methods, all of which store information in the User’s browser or device. Additionally, there are other technologies that function without local storage in the User’s end device and instead make use of, inter alia, browser functions. In this context, a "fingerprint" of the User’s system is created that serves as a unique identifier.
· These technologies may function across all the User’s browsers and in some cases are not fully managed by the User’s browser, but may need to be managed directly from the User’s installed applications or the User’s device. e-World Fashion sometimes use the terms cookies and similar technologies interchangeably.
Why these technologies are used
Some of the Services can only be offered using cookies, web beacons and similar technologies. In general, these technologies enable e-World Fashion to track the User’s user behavior and identify the User, even across devices. The User can find more information about the personal data that e-World Fashion collects using cookies and similar technologies in the Privacy Notice.
The cookies, web beacons and similar technologies used in connection with the Services serve the following functions:
· Technologies which are operationally necessary. e-World Fashion uses cookies, web beacons and similar technologies that are necessary for the operation of the Services. This includes technologies that allow the User accesses to e-World Fashion’s sites, services, applications and tools, which are required to monitor the functioning of the site, prevent fraudulent activity and improve security or that allow the User to make use of Platform functions such as shopping carts, saved search or similar functions.
· Technologies which are performance-related. e-World Fashion uses cookies, web beacons or other similar technologies to assess the performance of the Services. This happens, inter alia, to analyze how visitors use the Services, how Users use e-World Fashion’s messaging tools, if and how Items and links are viewed or how to improve the Services.
· Technologies which are functionality-related. e-World Fashion uses cookies, web beacons or other similar technologies that allow e-World Fashion to offer the User enhanced functionality when accessing or using the Services. These technologies may, inter alia, identify the User when the User signs in to the Services or they may store the User’s settings or the Items viewed, so that e-World Fashion can enhance the presentation of content within the Services and facilitate it (e.g. by means of the 'stay logged in function').
· Technologies which are advertising- or targeting-related. e-World Fashion uses cookies, web beacons or other similar technologies to deliver content tailored to the User’s interests, including advertisements, in connection with the provision of the Services or within third-party online services (retargeting, remarketing). This includes using technologies to determine how relevant the advertisements and contents are for the User, which ads have already been shown to the User, how often they have been shown, when and where they have been shown and if the User has reacted by carrying out an activity, such as clicking on an ad or purchasing an Item. For this purpose, data will be combined with data already collected regarding the User’s interests.
· Inter alia, e-World Fashion collects data regarding the User’s device (e.g. the operating system and its version) to provide a uniform service on all the User’s devices. The User can find further information on personal data that e-World Fashion collects by the means of cookies and similar technologies in the Privacy Notice.
Which service providers do e-World Fashion cooperates with?
In regard to the usage of cookies, web beacons and similar technologies, e-World Fashion cooperates with authorized service providers. This includes, inter alia, ad networks and ad exchanges, which enable e-World Fashion to show the User advertisements.
Authorized service providers are entitled to place web beacons and similar technologies within the Services and to place cookies on the User’s device, as far as this is permissible according to applicable law. In this context, data for the identification of the User’s device will be tracked, for example the IP address, the device ID or the advertising ID.
This enables the service providers to help e-World Fashion deliver content and more relevant advertisements, and to produce anonymous metrics and analytics, including conversion statistics. The processing of personal data by external service providers is subject to data protection and confidentiality agreements with e-World Fashion and applicable data protection laws. With regard to data processing by service providers, please check the privacy notices of the respective third-party providers.
Service providers that e-World Fashion cooperates with may include Facebook and Google:
Facebook: Provision of advertising services via Facebook's advertising and marketing platforms, e.g. Website Custom Audiences
Google: Provision of advertising services via Google's advertising and marketing platforms, e.g. Google Ads, Google Marketing Platform, Google Ad Manager
With the exception of the use of such technologies by e-World Fashion’s service providers or other authorized third parties, e-World Fashion does not permit any third-party content on sites (such as Item listings, communication between Users, classified listings, comments, reviews, etc.) to include or utilize any cookies, web beacons, local storage or similar technologies for tracking purposes or to collect the User’s personal data for the own purposes of such third parties. If the User suspects that an offer or third-party content within the Services collects personal data or may use tracking technologies, the User should report same to e-World Fashion.
Users in the EEA can obtain information on other service providers and their privacy notices in connection with the advertising preferences.
What security measures does e-World Fashion take to protect the User’s data? e-World Fashion protects its cookies and similar technologies to ensure that only e-World Fashion or authorized service providers can evaluate them. For this purpose, e-World Fashion assigns a unique identifier (ID) to them that is designed so that only e-World Fashion can process them.
2. The User’s Choices
The User can decide to what extent e-World Fashion may use cookies and similar technologies within the provision of the Services. The User’s options will depend on the purposes for which e-World Fashion uses these technologies.
Technologies which are operationally necessary, performance-related or functionality-related
· If the User wishes to deactivate the use of any cookies, including cookies that are operationally necessary, performance-related or functionality-related, that e-World Fashion uses within the provision of the Services, the User may do so by changing the settings in the User’s browser or device, if this is supported by the User’s browser or device. The settings must be made separately for each browser the User uses.
· The User may not be able to use certain Services when the User deactivates cookies and similar technologies (e.g. the 'stay logged in function'). The User may also need to enter the User’s password more frequently during the User’s browser sessions.
Technologies which are advertising- or targeting-related
· In addition, the User can specifically decide whether e-World Fashion and third parties may use cookies and similar technologies to show the User personalized ads. If the User uses the Services within the EEA, this will only be done with the User’s consent, which the User can withdraw at any time.
· If the User chooses not to have the User’s personal data processed by e-World Fashion for advertising purposes using cookies (and similar technologies), this does not necessarily mean that no advertisements will be shown to the User. It simply means that these advertisements will not be personalized for the User by means of cookies, web beacons or similar technologies. As a result, the User will no longer receive personalized advertising in the future, but the User’s data may still be collected as described in the Privacy Notice.
All users
· The User can determine whether the User agrees to the use of advertising-related first-party cookies (and similar technologies).
· The User can deactivate the use of any third-party cookies, e.g. by online ad networks, within the Services by changing the settings in the User’s browser or the device settings in the User’s device, if this is supported by the User’s browser or device.
· The User can also find information on advertising-related third-party cookies and similar technologies and how to prevent their use on the following websites:
o www.youronlinechoices.eu
o www.aboutads.info/choices (available in English only)
o www.networkadvertising.org/choices (available in English only)
· If the User deletes all cookies on the User’s device, any opt-out cookies that have already been set will also be deleted, so that the User will have to declare again any opt-outs that have already been declared.
Users in the EEA. Users in the EEA can also use the advertising preferences to determine whether they consent to the use of cookies and similar technologies for advertising purposes.
3. Do Not Track. California law requires e-World Fashion to let the User know how e-World Fashion responds to web browser Do Not Track (DNT) signals. Because there currently isn't an industry or legal standard for recognizing or honoring DNT signals, e-World Fashion doesn't respond to them at this time. e-World Fashion awaits the result of work by the privacy community and industry to determine when such a response is appropriate and what form it should take.
PRIVACY NOTICE
This PRIVACY NOTICE (this “Notice”) is effective from April 12, 2021. Reference is hereby made to that certain User Agreement (the “Agreement”) by and between e-World Fashion LLC (“e-World Fashion”) and any person agreeing to the Agreement and/or using the Services (the “User”), as amended, and all other terms, conditions, policies or notices posted from time to time on e-World Fashion’s website(s) (collectively, “Policies”). The Agreement and Policies are incorporated by reference in this Notice as though fully set forth herein, and capitalized terms used but not defined herein shall have the meanings set forth therefor in the Agreement and the Policies.
1. Scope and updates of this Notice
This Notice applies to the User’s use of the Services, regardless of how used or accessed, including access via mobile devices and apps, and pertains to e-World Fashion’s handling of the User’s personal data and the User’s corresponding rights. e-World Fashion may change this Notice at any time by posting the revised Notice on this website and indicating the effective date thereof.
2. Controller
e-World Fashion is responsible for the collection and processing of the User’s personal data in connection with the provision of Services. e-World Fashion’s address is published on its website.
3. Data protection officer and contact
e-World Fashion has appointed a data protection officer to oversee the protection of the User’s personal data. If the User has questions about this Notice or about data protection by e-World Fashion in general, the User can contact the data protection officer at any time. The User may ask e-World Fashion for the contact details of the data protection officer. Furthermore, if the User has questions or complaints regarding this Notice, e-World Fashion’s global data protection principles or e-World Fashion’s handling of personal data, the User can also contact the controller who is responsible for the processing of the User’s personal data at any time (for further information, see Controller above).
4. What personal data we collect and process
e-World Fashion collects the User’s personal data when the User uses the Services, creates a new account, provides information via a web form, adds or updates information in the account, participates in online community discussions or otherwise interacts with e-World Fashion or on its Platform. e-World Fashion also collects personal data from other sources (such as credit agencies or bureaus and other data brokers). e-World Fashion collects the following personal data:
Personal data the User provides when using the Services or creating an account:
· Data that identifies the User, such as name, address, telephone numbers, email addresses, username and tax identification number that are provided when setting up the User’s account or at another time.
· If processing payments through the Platform, additional identification data (such as social security number or date of birth), tax identification numbers (such as VAT identification number) and other information (such as bank account number) that are provided when using payment processing services.
· Data regarding listings, bids, purchases, barters, rentals or sales that are provided in a transaction.
· Content that the User shares with other Users through the Portals’ messaging tools.
· Financial information (e.g. credit card and account numbers, transaction details and form of payment).
· Shipping, billing and other information the User provides, 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 e-World Fashion’s programs.
· In some cases: age, gender, country of birth, nationality, employment status, family status, interests and preferences.
· The User may provide additional information through a web form or by updating or adding information to an account, by participating in community discussions, member chats, inquiries, dispute resolution or customer service calls recorded or if the User contacts e-World Fashion for any other reason regarding the Services.
· Other data that e-World Fashion is required or entitled by applicable law to collect and process and that e-World Fashion needs for authentication or identification, or for the verification of the data collected.
Personal data collected automatically when the User uses the Services or creates an account:
· Data that is generated as part of a transaction (bids, purchases, sales, exchanges, rentals) or that is linked to the User’s account as a result of a transaction, such as transaction amounts, time and location of transactions and form of payment or payment method.
· Data that is generated through the User’s other actions when the User uses the Services and which is linked to the User’s account, e.g. when the User places Items in a shopping cart, places Items on the watch list, saves Sellers, searches or interests or follows other Users.
· Data regarding all other interactions with the Services, the User’s advertising preferences and the User’s communications with e-World Fashion.
· Location data, including general location data (e.g., IP address) and the precise location data of the User’s mobile device. Please note that for most mobile devices, the User can manage or disable the use of location services for all applications in the settings menu.
· Computer and connection information, such as statistics regarding the User’s use of Services, information on data traffic to and from websites, referral URL, information on advertisements, IP address, access times, browser history data, language settings and weblog information.
Personal data collected in connection with the use of cookies and similar technologies:
· e-World Fashion uses cookies, web beacons and similar technologies to collect data while the User uses the Services. e-World Fashion collects this data from the devices (including mobile devices) with which the User accesses or uses the Services.
· Data about the pages the User visits, the access time, frequency and duration of visits, the links on which the User clicks and other actions the User takes as part of using the Services and in advertising and email content.
· Data about the User’s activities and interactions with e-World Fashion’s advertising partners including data about the advertisements the User was shown, how often they were shown, when and where they were shown, and whether the User took any action, such as clicking on an advertisement or making a purchase.
· The user segment or category into which the User falls, for example: female, 18-34 years old, interested in watches.
· 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).
Personal data from other sources:
§ e-World Fashion also collects personal data about the User from other sources and from third parties to the extent permitted by applicable law.
§ Data from public sources (e.g. demographic data).
§ Data from credit agencies or bureaus (e.g. credit reports/checks, identity confirmation, data for risk modeling and setting of credit limits).
§ Data from data providers (e.g. "Know Your Customer"/identity verification, demographic, interest-based and online advertising related data).
§ e-World Fashion combines or connects the personal data collected from the User with data from these other sources. Where personal data is disclosed to e-World Fashion by third parties, e-World Fashion requires that these third parties are legally permitted to disclose the User’s personal data to e-World Fashion.
Social network data the User shares with us
· e-World Fashion may allow the User to use social networks (such as Facebook) or other providers of single sign-on services (such as Google or Apple) with whom the User already has an account to create an e-World Fashion account or to link the e-World Fashion account to such single sign-on services. The User can determine the personal data that e-World Fashion can access when authorizing the connection with the single sign-on service.
· e-World Fashion may allow the User to share personal data with social networks (such as Facebook) or to link the User’s e-World Fashion account to a social network. These social networks may automatically provide e-World Fashion with access to certain personal data they have stored about the User (e.g. content the User has viewed or enjoyed, information about the advertisements the User has been shown or clicked on, etc.). The User can determine the personal data that e-World Fashion can access through the privacy settings of each social network.
· If the User gives e-World Fashion access to video content pages, the User’s grant of access is the User’s consent that e-World Fashion may, for at least two years, or until the User withdraws consent or is no longer connected to the social network, share with and collect from social networks information regarding the User’s viewing of videos.
· e-World Fashion may also use plug-ins or other technologies from various social networks. If the User clicks on a link displayed through a social network plug-in, the User voluntarily connects to that social network.
5. Purposes and legal basis for data processing and categories of recipients
e-World Fashion processes the User’s personal data for various purposes and based on several different legal bases that allow this processing. For example, e-World Fashion processes the User’s personal data to provide and improve the Services, to provide the User with a personalized user experience on this website, to contact the User about the User’s account and the Services, to provide customer service, to provide the User with personalized advertising and marketing communications, and to detect, prevent, mitigate and investigate fraudulent or illegal activity. e-World Fashion also shares the User’s information with third parties, including service providers acting on e-World Fashion’s behalf, for these purposes. Below the User will find a summary of the purposes for which e-World Fashion processes the User’s personal data, including the categories of recipients to whom e-World Fashion transmits personal data for the purposes stated, sorted by e-World Fashion’s legal basis for this processing or sharing.
e-World Fashion processes the User’s personal data in order to fulfil the Agreement and to provide the User with the Services. This includes the following purposes:
· Processing of data relating to the User or the User’s company for the purpose of entering into a contract with the User and executing it.
· Provision of the Services, including but not limited to enabling and performing transactions with other Users (including the transmission of the User’s personal data to other Users where necessary to perform the transaction, including in cases of terminated, failed or subsequently voided transactions, e.g. by sharing the User’s return address so a Buyer may return an Item), displaying the User’s transaction and feedback history to a User, providing and enhancing features such as payment processing, ratings and account management, providing other services the User may use (as described in connection with such services) and ensuring the functionality of the Services. In connection with the provision of the Services, e-World Fashion will send the User notifications relating to the execution of transactions and the use of the Services in accordance with the communication preferences in the User’s account.
· Enabling the delivery of 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 the User’s consent.
· Providing general customer support including the solution of problems with the User’s account, arbitration of disputes, providing other services within the scope of customer service as well as enforcement of fee claims. For these purposes, e-World Fashion may contact the User via email, telephone, SMS, push notification on the User’s mobile device or by mail. If e-World Fashion contacts the User by telephone, in order to ensure efficiency, e-World Fashion may use automatically dialed calls with tape announcements or automated text messages in accordance with the Agreement, to the extent permitted by applicable law.
· Processing of general location data (such as IP address or postal code) in order to provide the User with location-based services (such as radius search and other content that is personalized on the basis of the User’s general location data).
· Enforcement of the Agreement and the Policies.
· Publication and promotion of the User’s listings and related content on the websites or in the applications, services and tools of cooperating third party operators of websites, applications, services and tools. When e-World Fashion shares the content of the User’s listings and any related personal data with third parties, e-World Fashion does 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 e-World Fashion. 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 the User’s listings to other third parties.
· Where necessary, e-World Fashion transmits the User’s personal data to processors and the following recipients for one or several of the purposes described above:
o Other Users
o External service providers and shipping companies (such as DHL, UPS, etc.)
o Payment service providers such as PayPal
o External operators of websites, applications, services and tools
e-World Fashion processes the User’s personal data in order to comply with legal obligations to which e-World Fashion is subject. This includes the following purposes:
· Participation in investigations and 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).
· Complying with information requests from third parties based on any statutory information rights they have against e-World Fashion (e.g. in the event of an intellectual property infringement, product piracy, or other unlawful activity).
· Ensuring the information security of the Services.
· Retention and storage of the User’s personal data to comply with specific legal retention requirements.
· Where necessary, e-World Fashion transmits the User’s personal data to processors and the following recipients for one or several of the purposes described above:
o Law enforcement agencies, courts, government agencies or public authorities, intergovernmental or supranational bodies (including in connection with compliance with Luxembourg laws concerning FATCA dated July 7, 2015 and concerning the OECD Common Reporting Standard dated December 18, 2015).
o Third parties based on statutory information claims against e-World Fashion
o Third party service providers
o Third parties who are involved in judicial proceedings, in particular, if they submit a legal order, court order or equivalent legal order to e-World Fashion
o 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 the User’s credit report)
E-World Fashion processes the User’s personal data in order to protect the User’s 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 the User’s vital interests or the vital interests of another natural person, unless there is a statutory obligation to this effect.
· Where necessary, e-World Fashion transmits the User’s personal data to processors and the following recipients for one or several of the purposes described above:
o Law enforcement agencies, courts, government agencies or public authorities, intergovernmental or supranational bodies
o Third parties who are involved in judicial proceedings
o External service providers
E-World Fashion processes the User’s personal data where necessary for the purposes of the legitimate
interests pursued by e-World Fashion or by a third party, except where such interests are overridden by the User’s interests or fundamental rights and freedoms. In order to reconcile e-World Fashion’s legitimate interests with the User’s rights, e-World Fashion has introduced appropriate control mechanisms. On this basis, e-World Fashion processes the User’s 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 e-World Fashion 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, e-World Fashion will only disclose what e-World Fashion believes is necessary, such as the User’s name, city, zip code, telephone number, email address, (previous) user names, IP address, fraud complaints and bidding and listing history.
· Protection of the legitimate interests of third parties in connection with civil law disputes, unless there is a statutory obligation to this effect, if e-World Fashion may legitimately assume that it is necessary to disclose the data to such third parties in order to avert imminent disadvantages.
· Prevention, detection, mitigation and investigation of fraud, security breaches and other prohibited or unlawful activities, including the assessment of corresponding risks (e.g. through the use of captchas or the telephone number stored in the User’s account for two-factor authentication), unless there is a statutory obligation to this effect.
· Monitoring and improvement of the information security of the Services, unless there is a statutory obligation to this effect.
· Performance of identity checks, creditworthiness and other financial standing checks, evaluation of applications and comparison of information for accuracy and verification purposes.
· Automatic filtering and, where necessary, manual review of messages sent through the Platform’s messaging tools to prevent fraudulent or suspicious activity or violations of the Agreement or other rules and Policies, including enforcing the prohibition of purchases, sales and other transactions outside of the Platform.
· Provision of functions for Users that make the processing of transactions easier or more convenient (e.g. administration of several delivery addresses).
· Analysis of telephone conversations with e-World Fashion’s customer service that e-World Fashion recorded.
· Advertisements by mail (according to the User’s communication preferences in the User’s account).
· To the extent permitted by applicable law without the User’s consent, communications with the User via electronic mail (e.g. email or text message) or telephone to offer the User vouchers, discounts and special offers, to conduct opinion polls and surveys and to inform the User about the Services (according to the User’s communication preferences in the User’s account). If the User does not wish to receive marketing communications from e-World Fashion, the User can also unsubscribe by clicking on the link in the email the User received. For technical reasons, the implementation may take a few days.
· Notifications regarding promotions and information about the Services after logging into the User’s account or in messages in the Platform (according to the User’s communication preferences in the User’s account).
· For Users outside the European Economic Area (EEA): personalization, measurement and improvement of e-World Fashion and third-party advertisements in e-World Fashion or third-party online offerings.
· Customization of page content to display the Items the User may like based on the actions the User takes.
· Evaluation of the quality and success of e-World Fashion’s email marketing campaigns (e.g. through analysis of opening and click rates).
· Assessment of the Service status (e.g. on the basis of tracking information if Sellers use shipping labels from shipping providers via the Platform or provide tracking numbers).
· Offering of partner and bonus programs and other co-branded marketing efforts, e.g. co-branded credit cards in collaboration with a third party credit card issuer.
· Provision of shared content and services (such as registration for services, transaction processing and customer service) with cooperating payment service providers.
· Initiation, preparation and execution of a company acquisition, e.g. in the event of a merger with another company or takeover by another company. If such an event occurs, e-World Fashion will require the merged entity to comply with this Notice with respect to the User’s personal data. Should the User’s personal data be processed for any purpose not specified in this Notice, the User will be informed in advance of the processing of the User’s data for this new purpose.
· Assertion of or defense against legal claims, including those asserted by one User against another User.
· Where necessary, e-World Fashion transmits the User’s personal data to processors and the following recipients for one or several of the purposes described above:
o External service providers
o Other Users
o Law enforcement agencies, arbitrators, courts, government agencies or public authorities, ntergovernmental or supranational bodies
o Third parties who are involved in arbitration or judicial proceedings
o Payment service providers including PayPal
o Credit agencies or bureaus, data verification services, risk assessment vendors and collections agencies (e.g. information about payment delays, payment defaults or other irregularities that may be relevant to the User’s credit report, or that e-World Fashion uses to confirm the User’s identity, model risk, establish credit limits, or collect unpaid debts)
o Other companies in the context of a company acquisition
o Third parties in the event of an investigation for fraud, intellectual property infringement, retail crime, stolen goods, product piracy or other unlawful activity, if e-World Fashion, in its sole discretion, deems the investigation of such incident necessary or useful. In such cases, e-World Fashion will disclose the User's name, address, city, zip code, country, telephone number, email address and company name to the third party and bind the third party by a worldwide non-disclosure agreement to treat the data as confidential to the extent practicable.
With the User’s consent, e-World Fashion processes the User’s personal data for the following purposes:
§ For Users within the European Economic Area (EEA): personalization, measurement and improvement of e-World Fashion and third-party advertisements in e-World Fashion and third-party online offerings
§ Marketing communications by telephone or electronic mail (such as email or SMS), unless these communications are permitted without the User’s consent under applicable law. e-World Fashion may engage third parties to send marketing communications on e-World Fashion’s behalf
§ Processing of the User’s precise location data to provide location-based services
§ Provision of a single sign-on service allowing the User to register or log-in to third-party services using the User’s Platform log-in credentials
§ Processing of the User’s personal data on the basis of the User’s consent, which the User has given so that e-World Fashion or third parties can enable the User to use certain services or make them available to the User
§ The User can find information about the User’s right to withdraw the User’s consent below under Rights as a data subject and information with regard to the use of cookies and similar technologies below under Cookies & similar technologies.
§ Where necessary, e-World Fashion transmits the User’s personal data to processors and the following recipients for one or several of the purposes described above:
· External service providers
· Third parties using e-World Fashion’s single sign-on service (as authorized by the User in each single case)
· Other third parties with whom e-World Fashion partners to offer the User specific services (as described at the collection of the respective User consent)
· Third-party financial institutions with whom e-World Fashion partners to offer financial products to the User, for them to provide joint content and services (such as, registration, transactions and customer support). These third-party financial institution partners will use the User’s personal data to send the User marketing communications only if the User has requested their services
Automated decision-making. E-World Fashion uses technologies that are considered automated decision making or profiling. e-World Fashion will not make any automated decisions about the User that would significantly affect the User unless such a decision is necessary for entering into, or the performance of, a contract with the User, e-World Fashion has obtained the User’s consent or e-World Fashion is required by applicable law to use such technology. The User will find information on the User’s right to object to this processing of the User’s data below.
6. International data transfers
Some recipients of the User’s personal data are located outside the User’s country or have offices in countries where data protection laws may provide a different level of protection than the laws in the User’s country. When transferring personal data to such recipients, e-World Fashion provides appropriate safeguards.
Data transfers (from the European Economic Area to third countries). e-World Fashion will only transfer the User’s personal data from the European Economic Area (EEA) to third countries, i.e. countries outside the EEA, on the basis of appropriate safeguards. Third countries providing an adequate level of data protection according to the European Commission currently include Andorra, Argentina, Canada (for companies covered by the Personal Information Protection and Electronic Documents Act), Switzerland, the Faroe Islands, Guernsey, the State of Israel, the Isle of Man, Japan, Jersey, New Zealand and Uruguay. Recipients in the USA can be partially certified according to the EU-U.S. Privacy Shield, so that appropriate safeguards for an international data transfer exist. In other cases, e-World Fashion provides the necessary safeguards, e.g. through the conclusion of data protection contracts adopted by the European Commission (e.g. standard data protection clauses) with the recipients, or through other measures provided for by law. A copy of relevant documentation of the measures taken is available on request.
7. Storage duration and erasure
The User’s personal data will be stored by e-World Fashion and its service providers in accordance with applicable data protection laws to the extent necessary for the processing purposes set out in this Notice. Subsequently, e-World Fashion will delete the User’s personal data in accordance with e-World Fashion’s data retention and deletion policy or take steps to properly render the data anonymous, unless e-World Fashion is legally obliged to keep the User’s personal data longer (e.g. for legal compliance, tax, accounting or auditing purposes). In Europe, the retention periods are generally between 6 and 10 years (e.g. for contracts, notifications and business letters). As far as legally permissible or required, e-World Fashion restricts the processing of the User’s data instead of deleting it (e.g. by restricting access to it). This applies in particular to cases where e-World Fashion may still need the data for the execution of the contract or for the assertion of or defense against legal claims, or where such retention is otherwise required or permitted by law. 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 e-World Fashion’s data retention guidelines. How long e-World Fashion retains personal data may vary depending on the Services e-World Fashion provides and its legal obligations under applicable law. The following factors typically affect the retention period:
§ Necessity for the provision of the Services. This includes such things as executing the Agreement with the User, maintaining and improving the performance of the Services, keeping e-World Fashion’s systems secure and maintaining appropriate business and financial records. Most of e-World Fashion’s retention periods are determined on the basis of this general rule.
§ Special categories of personal data. If e-World Fashion stores special categories of personal data (i.e., personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic or biometric data which is being processed for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation), a shorter retention period is usually appropriate.
§ Consent-based processing of personal data. If e-World Fashion processes personal data on the basis of consent (including consent to the extended storage), e-World Fashion stores the data for as long as necessary in order to process it according to the User’s 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 applicable law.
8. Rights as a data subject
Subject to possible restrictions under applicable law, as a data subject, the User has the right to access, rectification, erasure, restriction of processing and data portability with regard to the User’s personal data. In addition, the User can withdraw the User’s consent and object to e-World Fashion’s processing of the User’s personal data on the basis of e-World Fashion’s legitimate interests. The User can also lodge a complaint with a supervisory authority.
The User can withdraw the User’s consent to the processing of the User’s personal data by e-World Fashion at any time. As a result, e-World Fashion may no longer process the User’s 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.
The User has the right to obtain access to the User’s personal data that is being processed by e-World Fashion. In particular, the User 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 the User), the existence of automated decision-making, including profiling and, where appropriate, meaningful information on its details. The User’s right to access may be limited by applicable law.
The User has the right to obtain from e-World Fashion without undue delay the rectification of inaccurate personal data concerning the User. Taking into account the purposes of the processing, the User has the right to have incomplete personal data completed, including by means of providing a supplementary statement.
The User has the right to obtain from e-World Fashion the erasure of personal data concerning the User, 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 applicable law.
The User has the right to obtain from e-World Fashion restriction of processing to the extent that:
§ the accuracy of the data is disputed by the User,
§ the processing is unlawful, but the User opposes the erasure of the personal data,
§ e-World Fashion no longer needs the data, but the User needs it to assert, exercise or defend legal claims or
§ the User has objected to the processing.
The User has the right to receive the personal data concerning the User, which the User has provided to e-World Fashion, in a structured, commonly used and machine-readable format and has the right to transmit those data to another controller ("right to data portability").
The User has the right to lodge a complaint with a supervisory authority or the registered office of the controller.
If the User’s personal data is processed on the basis of e-World Fashion’s legitimate interests, the User has the right to object to the processing of the User’s personal data on grounds relating to the User’s particular situation. This also applies to profiling. If the User’s personal data is processed by e-World Fashion for direct marketing purposes, the User has the right to object at any time to the processing of the User’s 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, e-World Fashion may charge an appropriate fee (at most its actual costs) in accordance with the applicable statutory regulations or refuse to process the application.
Exercising the User’s rights and managing the User’s settings. The User can exercise the User’s rights as a data subject by contacting e-World Fashion. If the User would like to change the User’s preferences regarding notifications (including marketing communications), the User can do so at any time by contacting e-World Fashion. If the User does not wish to receive marketing communications from e-World Fashion, the User can also unsubscribe by clicking on the link in the email the User received. For technical reasons, the implementation may take a few days.
9. Cookies & similar technologies
When the User uses the Services, e-World Fashion and selected third parties may use cookies and similar technologies to provide the User with a better, faster and safer user experience or to show the User personalized advertising. Cookies are small text files that are automatically created by the User’s browser and stored on the User’s device when the User uses the Services. The User can find detailed information about e-World Fashion’s use of cookies and similar technologies and the User’s choices in e-World Fashion’s Cookie Notice.
e-World Fashion’s cookies and similar technologies have different functions:
§ They may be technically necessary for the provision of the Services
§ They help e-World Fashion optimize the Services technically (e.g. monitoring of error messages and loading times)
§ They help e-World Fashion improve the User’s user experience (e.g. save font size and form data entered)
§ They allow e-World Fashion to show the User more relevant advertisements
e-World Fashion uses cookies and similar technologies that remain on the User’s device only as long as the User’s browser is active (session cookies), as well as cookies and similar technologies that remain on the User’s device longer (persistent cookies). Where possible, e-World Fashion takes appropriate security measures to prevent unauthorized access to e-World Fashion’s cookies and similar technologies. A unique ID ensures that only e-World Fashion and/or selected third parties have access to cookie data.
The User’s choices regarding cookies. The User is free to disable the use of cookies and similar technologies if this is supported by the User’s device. The User can manage the User’s cookie settings in the User’s browser or device settings. In addition, the User can decide whether e-World Fashion may use cookies and similar technologies to show the User personalized advertisements:
· To manage the settings regarding the use of first-party cookies (and similar technologies) for advertising-related purposes, please contact e-World Fashion
· The User can find information about third-party cookies (and similar technologies) related to advertising and how to prevent their use on the following websites:
o www.youronlinechoices.eu
o www.aboutads.info/choices (only available in English)
o www.networkadvertising.org/choices (only available in English)
· Users in the European Economic Area (EEA) can also use Advertising and related preferences to determine to what extent they consent to the processing of their personal data for advertising purposes via cookies (and similar technologies)
If the User decides not to have the User’s personal data processed by e-World Fashion for advertising purposes via cookies (and similar technologies), this does not mean that e-World Fashion will not show the User advertisements. It simply means that these advertisements will not be personalized for the User using first-party or third-party cookies, web beacons, or similar technologies.
10. Data security
e-World Fashion protects the User’s 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 e-World Fashion uses firewalls and data encryption, for example, as well as physical access restrictions for its data centers and authorization controls for data access. The User can find further information on e-World Fashion’s data security by contacting e-World Fashion.
11. Other important information regarding data protection
This section contains important additional information about the protection of personal data in connection with the use of the Services, including whether the User is required to provide personal data.
What happens when the User shares the User’s personal data on the Platform(s)?
§ Other Users have access to the information the User shares on the Platform or discloses to other Users. For example, other Users can see the User’s bids, purchases, items for sale, saved interests, sellers and searches, storefronts, feedback, ratings, product reviews and associated comments. Other Users can also see any information the User chose to share in the User’s profile.
§ When the User uses the Services, the User’s public User ID may be displayed and available to the public and associated with all of the User’s public Platform activity. Notices sent to other Users about suspicious activity and notice violations on e-World Fashion’s sites may refer to the User’s public User ID and specific items. Accordingly, if the User uses a username that allows others to identify the User, these others may be able to identify the User’s Platform activities.
§ To help protect the User’s personal data, e-World Fashion allows only limited access to other Users' contact, shipping and financial information as necessary to facilitate the User’s transactions and collect payments. However, when Users are involved in a transaction, they have access to each other's name, User ID, email address and other contact and shipping information. For example, e-World Fashion may allow Users to exchange telephone numbers in order to contact each other prior to completing a transaction (e.g. a Seller may opt to share their telephone number with a Buyer so that the Buyer may call with questions about a listed Item). In this case, Sellers are prohibited from using a buyer's telephone number for other purposes (e.g. completing a transaction off the Platform or adding the Buyer to a marketing list).
The User’s responsibilities over transactional information the User receives through the Platform
§ When the User completes a transaction with another User (or a transaction has been cancelled, failed or subsequently invalidated), e-World Fashion will provide the User with the other User's personal data (such as name, username, email address, contact information, shipping and billing information or return address). Independent from e-World Fashion, the User is the controller of such data and responsible for any processing that the User perform after e-World Fashion has shared this data with the User, including compliance with any limitations imposed by this Notice and the Agreement.
§ Unless the User acts for purely personal purposes, e-World Fashion recommends that the User explain the User’s data processing activities in the User’s own privacy notice and protect the privacy of other Users. As a Seller, the User must in any case comply with the applicable data protection laws and in particular protect the rights of other Users as data subjects, e.g. give them the opportunity to access the personal data collected by the User and demand that it be erased.
§ The User may only use the personal data that the User has access to for Platform transaction-related purposes, or for other Services offered (such as shipping, fraud complaints and member-to-member communications), and for purposes expressly consented to by the User to whom the data relates. Using personal data of other Users that the User has access to for any other purpose, such as adding them to a mailing list without their express consent, constitutes a violation of the Agreement.
Personal data relating to third parties. If the User provides e-World Fashion with personal data relating to another person, the User must obtain the consent of this person or the disclosure of the data to e-World Fashion must be otherwise legally permissible. The User must inform the other person of how e-World Fashion processes personal data in accordance with the Notice.
Filtering of messages sent via the Platform’s messaging tools. All messages sent via the Platform’s messaging tools may first be received by e-World Fashion and then forwarded to the recipient. All messages are subject to being automatically filtered according to certain criteria. If necessary, conspicuous messages may be checked manually by e-World Fashion’s customer service. In the event of a violation of the Agreement (including any of e-World Fashion’s rules and Policies), e-World Fashion reserves the right to block the transmission of the message, restrict the purchase, sale and similar functions of the User’s account and/or block the User’s account. This is to protect e-World Fashion’s legitimate interests such as protecting against fraudulent or suspicious activities (e.g. spam, viruses, phishing or other illegal activities) or enforcing the Agreement and e-World Fashion’s other rules and Policies (e.g. illegal and other prohibited content), including but not limited to enforcing the prohibition of purchases, sales and other transactions outside of the Platform.
Is the User obliged to provide the User’s personal data to e-World Fashion? Some of the personal data that the User provides to e-World Fashion (e.g. data by which e-World Fashion can identify the User) is required to enter into the Agreement. As described elsewhere in this Notice, e-World Fashion may share this data with service providers, including payment processors, credit agencies and bureaus. Although the provision of any other personal data (e.g. address and shipping data) is voluntary, it may be necessary for the use of the Services, such as bidding, purchase and sales data to complete a transaction.
Children's Privacy. The Services are not intended for the use by children. e-World Fashion does not knowingly collect personal data from Users who are considered children under applicable laws. Under the Agreement, children are not permitted to use the Services.
Staying Signed-in. When the User signs into the User’s account on the Services, e-World Fashion gives the User the option to stay signed-in to the User’s account for a certain amount of time. If the User is using a public or shared computer, e-World Fashion encourages the User to decline. The User or any other user of the computer/browser the User signed in on will be able to view and access most parts of the User’s account and take certain specific actions during this signed-in period without any further authorization. The specific actions and account activities that the User or any other user of this computer/browser may take include:
§ Bid, buy or make an offer on an Item
§ Check out or add Items to the User’s cart
§ Purchase an Item with stored payment methods
§ View or edit account information
§ Send messages, including to other Users
§ Conduct post-transaction activities, like leaving feedback, canceling orders, requesting returns or submitting claims
If the User attempts to change the User’s password or User ID, update any other account information or attempt other account activity beyond those listed above, the User may be required to enter the User’s password.
The User can typically end the User’s signed-in session by either signing out and/or clearing the User’s cookies. If the User has certain browser privacy settings enabled, simply closing the User’s browser may also end the User’s signed in session. If the User is using a public or shared computer, the User should sign out and/or clear the User’s cookies when the User is done using the Services to protect the User’s account and the User’s personal data.
CALIFORNIA PRIVACY NOTICE
This CALIFORNIA PRIVACY NOTICE (this “California Notice”) is effective from September 30, 2020. Reference is hereby made to that certain User Agreement (the “Agreement”), by and between e-World Fashion LLC (“e-World Fashion”) and any person agreeing to the Agreement and/or using the Services (the “User”), as amended, and all other terms, conditions, policies or notices posted from time to time on e-World Fashion’s website(s), including without limitation the Privacy Notice (collectively, “Policies”). The Agreement and Policies are incorporated by reference in this California Notice as though fully set forth herein, and capitalized terms used but not defined herein shall have the meanings set forth therefor in the Agreement and the Policies. This California Notice is provided as a supplement to the Privacy Notice and includes information on how the User can exercise the User’s rights pursuant to the California Consumer Privacy Act (the “CCPA”). This California Notice applies solely to individual residents of the State of California. This California Notice does not apply to the personal information e-World Fashion collects from employees or job applicants.
Categories of personal information that e-World Fashion may collect about California consumers
· Identifiers, such as name, alias, postal address, unique personal identifier, online identifier, internet protocol (IP) address, email address, account name, social security number, driver’s license number, passport number or other similar identifiers.
· Customer Records, such as physical characteristics or description, telephone number, bank account number, credit card number, debit card number, or any other financial information.
· Personal Characteristics or Traits, such as demographic data.
· Customer Account Details/Commercial Information, such as records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
· Internet Usage Information, such as browsing history, search history and information regarding a consumer’s interaction with any e-World Fashion website, Platform, Services or advertisement.
· Geolocation Data, such as physical location or movements and travel patterns.
· Sensory Data, such as audio recordings of customer service calls.
· Inferences derived from personal information, such as information about the User’s interests or purchase preferences.
Categories of sources of personal information that e-World Fashion collects. E-World Fashion receives personal information from a variety of sources, including from the User directly, the User’s devices or partners. The categories of sources from which personal information is collected includes:
§ The User
§ Other Users
§ Advertising networks
§ Service providers (including Internet service providers or ISPs)
§ Data analytics providers
§ Government entities and other public sources
§ Operating systems and platforms
§ Social networks
§ Data brokers and other data providers
§ Vendors and suppliers
§ Credit agencies or bureaus
§ Other sources as listed in the Privacy Notice
Business or commercial purpose for collection. The purposes for which e-World Fashion collects personal information are described in the Privacy Notice.
Categories of personal information disclosed for a business purpose. e-World Fashion shares personal information with service providers and other vendors. The following Table lists the categories of personal information disclosed for a business purpose and the categories of recipients who have received this personal information. Not every one of the following categories may apply to the User’s personal information.
Category of Personal Information Disclosed for a Busines Purpose | Category of Recipients |
1. Identifiers 2. Customer Records 3. Personal Characteristics or Traits 4. Customer Account Details/Commercial Information 5. Internet Usage Information 6. Geolocation Data 7. Inferences Derived from Personal Information | · Service providers · Credit agencies (when required by law) · Financial institutions · Government authorities and agencies |
Categories of personal information “sold.” The following lists the categories of personal information “sold” and the categories of recipients who have received this information. The CCPA’s definition of “sale” is broad and includes sharing practices common among online marketplaces. While, without the User’s consent, e-World Fashion does not sell the User’s personal information for money, e-World Fashion does share information for a variety of other purposes, such as to tailor the User’s online experience or provide more relevant advertisements to the User.
e-World Fashion identifies in the table below as a “sale” the categories of personal information that e-World Fashion disclosed to third parties for advertising purposes, which allows them to tailor the User’s online experience, provide relevant content to the User and measure its effectiveness.
Category of Personal Information “Sold” | Category of Recipients |
1. Identifiers 2. Internet Usage Information 3. Inferences Derived from Personal Information | · Advertising networks |
Children. e-World Fashion does not knowingly collect, disclose or sell the personal information of consumers under 16. According to the Agreement, children under age 18 are not permitted to use the Services. If a parent or guardian becomes aware that a child has provided e-World Fashion with personal information, they should contact e-World Fashion, and e-World Fashion will address the issue.
CCPA Rights
The CCPA provides new rights to California consumers. These include rights to: access, deletion, opt-out and non-discrimination. This section provides more information about each right and how California consumers can exercise these rights under the CCPA.
For e-World Fashion to fulfill the User’s request, the User must provide sufficient information for e-World Fashion to reasonably verify that the User is the consumer from whom e-World Fashion collected the personal information. The information the User sends for e-World Fashion to verify the User’s identity will be used for this purpose only. If e-World Fashion is unable to verify the User’s identity or if e-World Fashion suspects fraudulent activity, e-World Fashion may decline to comply with the User’s request.
E-World Fashion will make commercially reasonable efforts to identify the User’s personal information that e-World Fashion collects, processes, stores, discloses and otherwise uses and to respond to the User’s requests. e-World Fashion reserves the right to charge a reasonable fee, or decline to act upon a request, if it is excessive or overly burdensome. In addition, e-World Fashion will not honor the User’s requests to the extent that doing so would infringe upon e-World Fashion’s or any other person or party’s rights or conflict with applicable law. If e-World Fashion denies the User’s request, e-World Fashion will explain the reasons in its response.
Right to access
o The right to access (also called a “request to know”)
§ California consumers have the right to request that e-World Fashion disclose the personal information that e-World Fashion collects, uses, discloses and sells. This includes the right to request the categories of personal information e-World Fashion has collected about them, the categories of sources of personal information, the business or commercial purpose for collecting or selling personal information, the categories of third parties with whom e-World Fashion shares or sell personal information, and the specific pieces of personal information e-World Fashion has collected.
§ e-World Fashion tries to fulfill access requests within 45 days of receiving the request. If e-World Fashion needs more time or additional information to fulfill the User’s request, e-World Fashion will write to let the User know.
o How to exercise the right to access
§ Registered e-World Fashion Users with accounts in good standing
· If the User is a registered e-World Fashion User with an account in good standing, the User can request a copy of the data e-World Fashion holds about the User at any time through the User’s e-World Fashion account. e-World Fashion will verify the User’s identity using the User’s existing username and password prior to allowing the User to make a request.
· The User may submit the User’s request by contacting e-World Fashion
§ For non-registered e-World Fashion Users and e-World Fashion Users with suspended accounts, the User may submit the User’s request by contacting e-World Fashion.
· e-World Fashion is required to verify the identity of everyone to whom e-World Fashion releases personal information. Please include the User’s first name, last name, country of residence and the email address the User used for any guest transactions the User made. Before fulfilling the User’s data request, e-World Fashion will ask the User for Proof Of Identity (POI) and Proof Of Address (POA) to ensure that e-World Fashion is only releasing personal information to authorized parties.
· The POI/POA the User provides will be used solely for the purpose of identity verification related to this transaction (i.e. the release of personal information) and will be processed and stored in accordance with the Notice.
· The User may also contact Customer Service to submit the User’s access request.
§ Authorized agents
· If the User is a registered agent and wants to submit a request on behalf of a California consumer with a registered e-World Fashion account in good standing, the User should work with the registered User to submit an access request directly through his or her account.
· If the User is submitting a request on behalf of a person without a registered e-World Fashion account, the User may submit the request by contacting e-World Fashion and disclosing, “I am a third party making a request on behalf of a data subject.”
· The User will need to provide POI and POA for the consumer on whose behalf the User is submitting the request and proof that the User is authorized to act on their behalf. Only after verifying both the User’s authorization to act and proof of the requestor’s identity will e-World Fashion fulfill the request. The report containing a copy of the requestor’s personal data will be sent directly to the requestor at the email address he or she uses for e-World Fashion transactions.
· If the name, address or email address the User provides e-World Fashion for the requestor does not match what is in e-World Fashion’s records, e-World Fashion will not be able to process the request.
Right to deletion
§ The right to deletion
· Subject to some exceptions, California consumers have the right to request the deletion of the personal information e-World Fashion has collected from them.
· Deletion requests may take between 30 and 60 days to fulfill (depending on whether the User has recently transacted business through e-World Fashion. If e-World Fashion needs more time or additional information to fulfill the User’s request, e-World Fashion will write to let the User know.
§ How to exercise the right to deletion
· Registered e-World Fashion Users with accounts in good standing
o If the User is a registered e-World Fashion User with an account in good standing, the User can submit a deletion request at any time through the User’s e-World Fashion account. The User’s account will be closed as part of fulfilling the User’s deletion request. e-World Fashion will verify the User using the User’s existing username and password prior to allowing the User to make a request.
· Non-registered e-World Fashion Users (e.g. guest Users) or e-World Fashion Users with suspended accounts
o For non-registered e-World Fashion Users and e-World Fashion Users with suspended accounts, the User may submit the User’s deletion request by contacting e-World Fashion.
o e-World Fashion is required to verify the identity of everyone to whom e-World Fashion releases personal information. Please include the User’s first name, last name, country of residence and the email address the User used for any guest transactions the User made. Before fulfilling the User’s request, e-World Fashion will ask the User for POI and POA to ensure that e-World Fashion is only deleting personal information for authorized parties.
o The POI/POA the User provides will be used solely for the purpose of identity verification related to this transaction (i.e. the deletion of personal information) and will be processed and stored in accordance with the Notice.
o The User may also contact Customer Service to submit the User’s deletion request.
· Authorized agents
o If the User is a registered agent and wants to submit a request on behalf of a California consumer with a registered e-World Fashion account in good standing, the User should work with the registered User to submit a deletion request directly through his or her account.
o If the User is submitting a request on behalf of a person without a registered e-World Fashion account, the User may submit the request by contacting e-World Fashion and disclosing, “I am a third party making a request on behalf of a data subject.”
o The User will need to provide POI/POA for the consumer on whose behalf the User is submitting the request and proof that the User is authorized to act on their behalf. Only after verifying both the User’s authorization to act and proof of the requestor’s identity will e-World Fashion fulfill the request.
o If the name, address or email address the User provides e-World Fashion for the requestor does not match what is in e-World Fashion’s records, e-World Fashion will not be able to process the request.
Right to opt-out
§ The right to opt-out
· California consumers have the right to opt-out of any “sale” of their personal information. As mentioned, the CCPA’s definition of “sale” is broad and includes sharing practices common among online marketplaces. While, without the User’s consent, e-World Fashion does not sell personal information for money, e-World Fashion does share information for a variety of other purposes, such as to tailor the User’s online experience or provide more relevant advertisements to the User.
§ How to exercise the right to opt-out
· Registered e-World Fashion Users with accounts in good standing
o The User may contact e-World Fashion to make a “CCPA opt-out request.”
o In addition, the User may contact Customer Service to submit the User’s opt-out request.
· Non-registered e-World Fashion Users (e.g. guest Users) or e-World Fashion Users with suspended accounts
o The User may contact e-World Fashion to make a request
o Important note for Users without a registered e-World Fashion account: e-World Fashion is unable to permanently opt-out consumers who do not have a registered e-World Fashion account. When non-registered Users opt-out, the opt-out choice will only apply to the User’s use of e-World Fashion through the browser used to submit the User’s opt-out request so long as that browser’s cookies are not erased.
· Authorized agents
o If the User is a registered agent and want to submit an opt-out request on behalf of a registered e-World Fashion User, the User may contact e-World Fashion to make a request.
o A User making such request should disclose, “I am a third party making a request on behalf of a data subject.”
o The User should include the e-World Fashion username of the consumer for whom the User is making the request and disclose, “CCPA opt-out request.”
o As mentioned, e-World Fashion is unable to permanently opt-out consumers without a registered e-World Fashion account. Please inform the consumer for whom the User is making the request that the opt-out choice will only apply to his or her use of e-World Fashion through the browser used to submit the request and only so long as that browser’s cookies are not erased.
Right to non-discrimination. A business may not discriminate against a California consumer because the consumer exercised their rights under CCPA. e-World Fashion does not use the fact that the User has exercised, or requested to exercise, any CCPA rights for any purpose other than facilitating a response to the User’s request.
Do Not Track. California law requires e-World Fashion to let the User knows how e-World Fashion responds to web browser Do Not Track (DNT) signals. Because there currently isn't an industry or legal standard for recognizing or honoring DNT signals, e-World Fashion doesn't respond to them at this time.
California’s “Shine the Light” Law. If the User is a California resident, the User is entitled once a year, free of charge, to request and obtain certain information regarding e-World Fashion’s disclosure, if any, of certain categories of Personal Information to third parties for their direct marketing purposes in the preceding calendar year. e-World Fashion does not share personal information with third parties for their own direct marketing purposes without obtaining the User’s consent or providing the ability to opt-out.
Cookies. e-World Fashion encourages the User to manage the User’s browser-based cookies by adjusting the User’s settings. For more detailed information about e-World Fashion’s practices related to cookies, web beacons and similar technologies, please see the Cookie Notice.
Security and Protection of Personal Information. For more information on how e-World Fashion protects the User’s personal information from unauthorized use and access, refer to the Notice.
Changes. e-World Fashion reserves the right to change this California Notice from time to time. Changes shall become effective on the date they are posted.
Additional information. If the User has any questions about this California Privacy Policy, e-World Fashion’s global privacy standards or e-World Fashion’s handling of personal data, the User can contact e-World Fashion.
COOKIE NOTICE
This COOKIE NOTICE (this “Cookie Notice”) is effective from September 30, 2020. Reference is hereby made to that certain User Agreement (the “Agreement”), by and between e-World Fashion LLC (“e-World Fashion”) and any person agreeing to the Agreement and/or using the Services (the “User”), as amended, and all other terms, conditions, policies or notices posted from time to time on e-World Fashion’s website(s) (collectively, “Policies”). The Agreement and Policies are incorporated by reference in this Cookie Notice as though fully set forth herein, and capitalized terms used but not defined herein shall have the meanings set forth therefor in the Agreement and the Policies.
Users can adjust the settings for the usage of first-party cookies (and similar technologies) for marketing purposes by contacting e-World Fashion. Users in the European Economic Area (the “EEA”) can also determine whether they consent to the use of cookies and similar technologies for marketing purposes via advertising preferences.
The Cookie Notice details all relevant information regarding the use of cookies, web beacons and similar technologies in connection with the Services and options in this regard. This Cookie Notice shall be read in conjunction with the Privacy Notice and the information regarding cookies and similar technologies which the Privacy Notice contains. This Cookie Notice is applicable regardless of how the User accesses and makes use of the Services including the access via mobile devices and apps.
1. Information regarding the technologies e-World Fashion uses
When the User uses the Services, e-World Fashion and authorized third-party providers make use of cookies and similar technologies. e-World Fashion makes use of cookies and similar technologies which will not be saved on the User’s device or which will only be saved on the User’s device for as long as the User’s browser is active (e.g. session cookies). Furthermore, e-World Fashion makes use of cookies and similar technologies which will be saved on the User’s device for a longer period (e.g. persistent cookies). Where possible, e-World Fashion takes appropriate security measures to prevent unauthorized access to e-World Fashion’s cookies and similar technologies. A unique identifier (ID) ensures that only e-World Fashion and authorized third-party providers have access to data that has been collected by means of cookies and similar technologies.
The cookies and similar technologies used by e-World Fashion have various functions:
· They can be (technically) necessary for the provision of the Services
· They help e-World Fashion to technically enhance the Services (e.g. monitoring of error messages and loading times)
· They help e-World Fashion to improve the User’s user experience (e.g. by saving the font size and data entered into webforms)
· They enable e-World Fashion to show the User more relevant ads
What are cookies, web beacons and similar technologies
§ Cookies
· Cookies are small text files (typically made up of letters and numbers) which are placed in the memory of the User’s browser or device when the User makes use of the Services, in particular when the User visits e-World Fashion’s website or when the User opens a message. Cookies allow for a recognition of a specific device or browser. There are different types of cookies:
o Session cookies (also called session-based cookies) expire at the end of the User’s session (e.g. when closing the User’s browser window) and enable the entity using them to track the User’s activities during this one session
o Persistent cookies remain stored on the User’s device between sessions and enable e-World Fashion, for example, to track the User’s settings or activities on several websites
o First-party cookies are set by the provider whose online service the User is using (e.g. the operator of the website the User is visiting)
o Third-party cookies are set by a provider other than the provider whose online service the User is using (e.g. the operator of a website other than the one the User is visiting)
§ Web beacons
· Web beacons (also known as pixel tags or clear GIFs) are small graphic images that are used in connection with the provision of the Services and which typically work in conjunction with cookies to track the use of an online service by its users. For example, when e-World Fashion sends the User emails, web beacons may allow e-World Fashion to track if the User opened the emails and clicked links to measure campaign performance and improve features.
§ Similar technologies
· Similar technologies are technologies which enable the entity using it to track the User’s user behavior. This can be done by local shared objects or local storage, such as flash cookies, HTML 5 cookies and other web application software methods, all of which store information in the User’s browser or device. Additionally, there are other technologies that function without local storage in the User’s end device and instead make use of, inter alia, browser functions. In this context, a "fingerprint" of the User’s system is created that serves as a unique identifier.
· These technologies may function across all the User’s browsers and in some cases are not fully managed by the User’s browser, but may need to be managed directly from the User’s installed applications or the User’s device. e-World Fashion sometimes use the terms cookies and similar technologies interchangeably.
Why these technologies are used
Some of the Services can only be offered using cookies, web beacons and similar technologies. In general, these technologies enable e-World Fashion to track the User’s user behavior and identify the User, even across devices. The User can find more information about the personal data that e-World Fashion collects using cookies and similar technologies in the Privacy Notice.
The cookies, web beacons and similar technologies used in connection with the Services serve the following functions:
· Technologies which are operationally necessary. e-World Fashion uses cookies, web beacons and similar technologies that are necessary for the operation of the Services. This includes technologies that allow the User accesses to e-World Fashion’s sites, services, applications and tools, which are required to monitor the functioning of the site, prevent fraudulent activity and improve security or that allow the User to make use of Platform functions such as shopping carts, saved search or similar functions.
· Technologies which are performance-related. e-World Fashion uses cookies, web beacons or other similar technologies to assess the performance of the Services. This happens, inter alia, to analyze how visitors use the Services, how Users use e-World Fashion’s messaging tools, if and how Items and links are viewed or how to improve the Services.
· Technologies which are functionality-related. e-World Fashion uses cookies, web beacons or other similar technologies that allow e-World Fashion to offer the User enhanced functionality when accessing or using the Services. These technologies may, inter alia, identify the User when the User signs in to the Services or they may store the User’s settings or the Items viewed, so that e-World Fashion can enhance the presentation of content within the Services and facilitate it (e.g. by means of the 'stay logged in function').
· Technologies which are advertising- or targeting-related. e-World Fashion uses cookies, web beacons or other similar technologies to deliver content tailored to the User’s interests, including advertisements, in connection with the provision of the Services or within third-party online services (retargeting, remarketing). This includes using technologies to determine how relevant the advertisements and contents are for the User, which ads have already been shown to the User, how often they have been shown, when and where they have been shown and if the User has reacted by carrying out an activity, such as clicking on an ad or purchasing an Item. For this purpose, data will be combined with data already collected regarding the User’s interests.
· Inter alia, e-World Fashion collects data regarding the User’s device (e.g. the operating system and its version) to provide a uniform service on all the User’s devices. The User can find further information on personal data that e-World Fashion collects by the means of cookies and similar technologies in the Privacy Notice.
Which service providers do e-World Fashion cooperates with?
In regard to the usage of cookies, web beacons and similar technologies, e-World Fashion cooperates with authorized service providers. This includes, inter alia, ad networks and ad exchanges, which enable e-World Fashion to show the User advertisements.
Authorized service providers are entitled to place web beacons and similar technologies within the Services and to place cookies on the User’s device, as far as this is permissible according to applicable law. In this context, data for the identification of the User’s device will be tracked, for example the IP address, the device ID or the advertising ID.
This enables the service providers to help e-World Fashion deliver content and more relevant advertisements, and to produce anonymous metrics and analytics, including conversion statistics. The processing of personal data by external service providers is subject to data protection and confidentiality agreements with e-World Fashion and applicable data protection laws. With regard to data processing by service providers, please check the privacy notices of the respective third-party providers.
Service providers that e-World Fashion cooperates with may include Facebook and Google:
Facebook: Provision of advertising services via Facebook's advertising and marketing platforms, e.g. Website Custom Audiences
Google: Provision of advertising services via Google's advertising and marketing platforms, e.g. Google Ads, Google Marketing Platform, Google Ad Manager
With the exception of the use of such technologies by e-World Fashion’s service providers or other authorized third parties, e-World Fashion does not permit any third-party content on sites (such as Item listings, communication between Users, classified listings, comments, reviews, etc.) to include or utilize any cookies, web beacons, local storage or similar technologies for tracking purposes or to collect the User’s personal data for the own purposes of such third parties. If the User suspects that an offer or third-party content within the Services collects personal data or may use tracking technologies, the User should report same to e-World Fashion.
Users in the EEA can obtain information on other service providers and their privacy notices in connection with the advertising preferences.
What security measures does e-World Fashion take to protect the User’s data? e-World Fashion protects its cookies and similar technologies to ensure that only e-World Fashion or authorized service providers can evaluate them. For this purpose, e-World Fashion assigns a unique identifier (ID) to them that is designed so that only e-World Fashion can process them.
2. The User’s Choices
The User can decide to what extent e-World Fashion may use cookies and similar technologies within the provision of the Services. The User’s options will depend on the purposes for which e-World Fashion uses these technologies.
Technologies which are operationally necessary, performance-related or functionality-related
· If the User wishes to deactivate the use of any cookies, including cookies that are operationally necessary, performance-related or functionality-related, that e-World Fashion uses within the provision of the Services, the User may do so by changing the settings in the User’s browser or device, if this is supported by the User’s browser or device. The settings must be made separately for each browser the User uses.
· The User may not be able to use certain Services when the User deactivates cookies and similar technologies (e.g. the 'stay logged in function'). The User may also need to enter the User’s password more frequently during the User’s browser sessions.
Technologies which are advertising- or targeting-related
· In addition, the User can specifically decide whether e-World Fashion and third parties may use cookies and similar technologies to show the User personalized ads. If the User uses the Services within the EEA, this will only be done with the User’s consent, which the User can withdraw at any time.
· If the User chooses not to have the User’s personal data processed by e-World Fashion for advertising purposes using cookies (and similar technologies), this does not necessarily mean that no advertisements will be shown to the User. It simply means that these advertisements will not be personalized for the User by means of cookies, web beacons or similar technologies. As a result, the User will no longer receive personalized advertising in the future, but the User’s data may still be collected as described in the Privacy Notice.
All users
· The User can determine whether the User agrees to the use of advertising-related first-party cookies (and similar technologies).
· The User can deactivate the use of any third-party cookies, e.g. by online ad networks, within the Services by changing the settings in the User’s browser or the device settings in the User’s device, if this is supported by the User’s browser or device.
· The User can also find information on advertising-related third-party cookies and similar technologies and how to prevent their use on the following websites:
o www.youronlinechoices.eu
o www.aboutads.info/choices (available in English only)
o www.networkadvertising.org/choices (available in English only)
· If the User deletes all cookies on the User’s device, any opt-out cookies that have already been set will also be deleted, so that the User will have to declare again any opt-outs that have already been declared.
Users in the EEA. Users in the EEA can also use the advertising preferences to determine whether they consent to the use of cookies and similar technologies for advertising purposes.
3. Do Not Track. California law requires e-World Fashion to let the User know how e-World Fashion responds to web browser Do Not Track (DNT) signals. Because there currently isn't an industry or legal standard for recognizing or honoring DNT signals, e-World Fashion doesn't respond to them at this time. e-World Fashion awaits the result of work by the privacy community and industry to determine when such a response is appropriate and what form it should take.