102bid.com Terms Of Use
102bid.com wants to help you better understand
how we collect, use, protect, and share your personal data. This Privacy Policy
is designed to help you understand your privacy choices when you visit our
site, access our mobile app, or use our services. It does not apply to other
websites or services that we do not control, including websites or services of
other 102bid.com users.
This Privacy Policy is incorporated into, and
forms an integral part of, the 102bid.com Terms of Use. Capitalized terms have
the meanings ascribed them in the Definitions section or our Terms of
Use. Please note that our services may vary by region
We encourage you to read this Privacy Policy
carefully and take the time to get to know our practices. If you have questions
about this Privacy Policy or our privacy practices, please contact us at privacy@102bid.com.
1.
Definitions.
1.
Information Types.
§ “Account Information” means data about how and
when a 102bid.com account is accessed and the features used, including Store
Information.
§ “Browser Information” means provided by a
browser, including the IP address, the website visited, network connection,
device information, and other data, including Cookies.
§ “Contact Information” means basic personal and
business information, such as first and last name, company name, email address,
postal address, phone number, and may include social media account information.
§ “Device Information” means information about
your device, such as device ID number, model, and manufacturer, version of your
operating system and geographical region, collected from any devices when
accessing our website, using the Mobile App, or any of our services.
§ “Payment Information” means, for example, credit
card, ACH or other payment information.
§ “Security Information” means user ID, password
and password hints, and other security information used for authentication and
account access.
§ “Store Information” means information about your
store, its products, and its architecture.
§ “Support Information” includes information about
your hardware and software, authentication data, chat session contents, error
reports, performance data, and other communication or technical information and
may, with express permission, include remote access to facilitate
troubleshooting.
§ “Transaction Information” means the data related
to transactions that occur on our platform, including product, order, shipping
information, Contact Information, and Payment Information.
§ “Usage Information” means information collected
when you interact with the 102bid.com website, mobile application or any of our
services, including functionalities accessed, pages visited, and other
interaction data.
2.
“Automated Decision
Making”
means
a decision made solely by automated means without human involvement.
3.
“Controller”
means
an entity that determines the purposes and means of the Processing of Personal
Data.
4.
“Cookie”
means a
small file that resides on your computer’s hard drive that often contains an
anonymous unique identifier that is accessible by the website that placed it
there, but is not accessible by other sites.
5.
“Seller”
means
an entity that has used or is using the services for ecommerce.
6.
“Mobile App”
means
the 102bid.com Mobile Application available through third-party app stores for
mobile devices.
7.
“Partner”
means
a separate legal entity that is a participant in our Agency Partner Program,
our Technology Partner Program or other third-party technology integration with
the 102bid.com platform, a theme designer, reseller, or referrer of the
services.
8.
“Personal Data”
means
information that (i) relates to an identified or identifiable natural person,
or (ii) identifies, relates to, describes, is capable of being associated with,
or could reasonably be linked, directly or indirectly, with a particular
consumer or household.
9.
“Processing”
means
any operation or set of operations which is performed upon Personal Data,
whether or not by automatic means, including, but not limited to, alteration,
collection, organization, recording, retrieval, storage, transmission, and use.
10. “Processor”
means
the entity which processes Personal Data on behalf of the Controller.
11. “Sensitive Personal Data”
means
any data that reveals racial or ethnic origin, political opinions, religious or
philosophical beliefs, trade union membership, genetic data, biometric data for
the purpose of uniquely identifying a natural person, or data concerning health
or a natural person’s sex life and/or sexual orientation.
12. “Buyer”
means
an entity or natural person that interacts with the ecommerce offering of a
Seller through the 102bid.com platform.
2.
Sellers.
1.
Seller Policies.
Sellers
should help Buyers understand how the Seller, 102bid.com and relevant third
parties collect and process Buyers’ Personal Data. To that end, Sellers must:
§ post an accurate privacy policy on their
storefront that complies with all applicable laws and regulations;
§ process Personal Data in accordance with
applicable laws and, to the extent required under such laws, provide notice to
and obtain informed consent from Buyers for the use and access of their
Personal Data by 102bid.com and other third parties; and
§ if the Seller is collecting any Sensitive
Personal Data from Buyers, obtain affirmative, explicit, and informed consent
and allow such Buyers to revoke their consent to the use and access of
Sensitive Personal Data at any time.
2.
Information Collected.
§ When a Seller interacts with our Website, for
example, by signing up for a trial, a subscription, or a newsletter or other
content, or performing transactions, 102bid.com may collect and control
information such as Account Information, Browser Information, Contact
Information, Payment Information, Support Information, Device Information,
Security Information, Transaction Information, Usage Information and set a
Cookie.
§ When a Seller interacts with our Mobile App, 102bid.com
may collect and control information such as Account Information, Contact
Information, Device Information, Usage Information and Security Information.
3.
Information Usage.
We
use this information as a Controller to provide Sellers with our services,
confirm identities, provide support such as debugging, troubleshooting,
automated decision making such as the detection of fraudulent account creation
when signing up for our service, for advertising and marketing, invoicing, to
resolve incidents related to the use of our Website and services, to improve
and personalize our services, such as push notifications regarding your store
activities, and to comply with legal requirements. Subject, where applicable,
to confidentiality obligations, we may disclose certain information, including
Account Information, Contact Information, Support Information and Transaction
Information, to Partners that refer Sellers to us or may be engaged by a Seller
to provide services, apps or products relating to the Seller’s store(s) or use
of our Website and services, or to confirm identities and improve and
personalize our interactions and services. We may use this information in other
cases as consented.
3.
Partners.
1.
Information Collected.
When
a Partner signs up for a partner account or refers a Seller to us, 102bid.com
may collect and control information such as Account information, Browser
Information, Contact Information, Payment Information, Support Information,
Security Information, and Usage Information.
2.
Information Usage.
We
use this information as a Controller to provide Partners with our services,
confirm identities, provide support, for advertising and marketing, invoicing,
to resolve incidents related to the use of our Website and services, to improve
and personalize our services, and to comply with legal requirements. We may use
this information in other cases as consented.
4.
Visitors.
1.
Information Collected.
When
visitors browse our Website, or engage in communications with us online or
offline, we may collect and control, as applicable, Browser Information,
Support Information, Contact Information, and Usage Information submitted or
communicated to us.
2.
Information Usage.
We
use this information as a Controller to provide our services, and improve and
personalize communications, interactions, our services, and provide support if
needed. We may use this information in other cases as consented.
5.
Buyers.
1.
Information Collected.
When
Buyers interact with a Seller’s ecommerce offering through the 102bid.com
platform, we may collect and process Browser Information and Transaction
Information of the Buyer on behalf of the Seller.
2.
Information Usage.
We
use this information as a Processor to provide our services to Sellers, support
and process orders, and manage risk and fraud. The Seller is the Controller of
this information and Buyers who have questions about our use of this
information should contact the Seller. We may also use certain information as a
Controller to improve and personalize our services, and manage risk and fraud.
6.
Legal
Basis for Processing (EEA Residents).
1.
Lawful Basis.
We
generally collect Personal Data from you only where (i) we need the Personal
Data to perform a contract with you, (ii) the processing is in our legitimate
interests and not overridden by your rights, or (iii) we have your consent to
do so. In some cases, we may also have a legal obligation to collect Personal
Data from you or may otherwise need the Personal Data to protect your vital
interests or those of another person.
2.
Notice.
If we
ask you to provide Personal Data to comply with a legal requirement or to
perform a contract with you, we will make this clear at the relevant time and
advise you whether the provision of your Personal Data is mandatory or not, as
well as of the possible consequences if you do not provide your Personal Data.
3.
Legitimate Interest.
If we
collect and use your Personal Data in reliance on our legitimate interests (or
those of any third party), we will make clear to you at the relevant time what
those legitimate interests are. For instance, we may rely on our legitimate
interests when responding to your queries, improving and personalizing our
platform, undertaking marketing, or for the purposes of detecting or preventing
illegal activities (e.g. checking your identity, fraud prevention).
4.
Questions.
If
you have questions about or need further information concerning the legal basis
on which we collect and use your Personal Data, please contact us using the
contact details provided below.
7.
Communications.
1.
Promotional.
We
may send promotional communications to existing and prospective Sellers,
Partners, and visitors, by email, phone, and other channels, such as LinkedIn.
For example, we may notify a Seller when a subscription is ending, or invite
the recipient to participate in a survey. You can opt-out of receiving
promotional communications from us at any time.
2.
Account.
We
send certain required communications, such as account notices or information,
to users of our services. You may not opt out of receiving these communications
if you have an active storefront.
Our
Services are possible because of a variety of Third-Party Product Providers.
Sometimes it is necessary for us to share Seller, Partner, or Buyer Personal
Data with Third-Party Product Providers to support our Services and provide you
with the core functionality of our Services. You may also choose interactions
and engagements to enable the experience and functionality you request. We may
access, transfer, disclose, and/or retain Personal Data with consent, at your
request, or in the circumstances described below.
If we
have a good faith belief that doing so is necessary to: (i) comply with
applicable law or respond to valid legal process, including from law enforcement
or other government agencies; or (ii) protect the rights or property of 102bid.com,
including enforcing the terms governing the use of the services.
If we
have a good faith belief that doing so is necessary to: (i) protect Sellers,
Partners, Buyers, or visitors; for example, to prevent spam or attempts to
defraud us or users of our services, or in response to threats of safety of any
person; or (ii) operate and maintain the security of our products, including to
prevent or stop an attack on our computer systems or networks.
We
share Personal Data among 102bid.com-controlled affiliates and subsidiaries for
the purposes described in this Privacy Policy.
102bid.com
may use from time to time a limited number of third-party service providers,
data processors, contractors, and other businesses to assist us in providing
our services for the purposes described in this Privacy Policy.
102bid.com
may include third-party libraries such as Software Development Kits (SDKs) or
Application Interfaces (APIs) within our applications (including the Mobile
App) for the purposes described in this Privacy Policy, including the
following: 1) Functional SDKs: these are software libraries we use to
enhance the end user experience and functionality within the application, such
as graphics and display of images within the app, and in-app notifications
according to preferences. 2) Analytics SDKs: these are external third-party sub
processors’ libraries we use in collecting device and usage data for
application performance monitoring.
We
share payment data with banks and other entities that process payment
transactions or provide other financial services, and for fraud prevention and
credit risk reduction.
When
interacting with our Services you may be able to link or engage Third-Party
Products such as third-party websites, services, social media networks,
applications, or other third-party features. Enabling Third-Party Products may
allow Third-Party Product Providers to access or process your Personal Data or
enable 102bid.com to access data including Personal Data from those
Third-Parties Product Providers. 102bid.com does not have control over, nor do
we endorse, these Third-Party Products and we are not responsible for the
privacy or security of any information you provide to Third-Parties Product
Providers or request 102bid.com provide to Third-Parties Product Providers. For
example, when you request an integration, such as the installation of an
application, we share the information requested by the application as part of
the integration you requested. We do not verify the application or its security
or privacy practices. When interacting with Third-Party Product Providers,
their respective privacy policy and other terms apply. We encourage you to
review the privacy policies of Third-Party Product Providers before engagement.
We
may also disclose Personal Data as part of a corporate transaction such as a
merger or sale of assets.
Some
Personal Data may be used in Automated Decision Making to help us screen
accounts for risk, fraud, or abuse concerns. You can object to profiling,
including profiling for marketing purposes, or contest or dispute such
decisions by contacting us at 102bid.com, Legal Department/Privacy at 3024 E.
Chapman Avenue, #128, Orange, CA 92869. Subject to applicable law, we can
provide you with details underlying the automated decision-making review and
rectification of any inaccuracies.
10.
Cookies.
1.
Usage.
102bid.com
and its third-party service providers use cookies, web beacons, and similar
tracking technologies to recognize you when you visit our website, remember
your preferences, and give you a personalized experience. When you visit our
websites, we, or an authorized third party, may place a cookie on your device
that collects information, including Personal Data, about your online
activities over time and across different sites. Cookies allow us to track use,
infer browsing preferences, and improve and customize your browsing experience.
2.
Persistence.
We
use both session-based and persistent cookies on our websites. Persistent
cookies remain on your computer when you have gone offline, while session
cookies are deleted as soon as you close your web browser. A website may set a
cookie if the browser’s preferences allow it. A browser only permits a website
to access the cookies that it has set, not those set by other websites.
3.
Types.
§
Essential.
These
cookies are necessary for our website to work as intended.
§
Functional.
These
cookies enable enhanced functionality, like videos and live chat. Without these
cookies, certain functions may become unavailable.
§
Analytics.
These
cookies provide statistical information on site usage. For example, these
cookies enable web analytics that allow us to improve our website over time.
§
Targeting and
Advertising.
These
cookies are used to create profiles or personalize content to enhance your
experience.
4.
Control.
It is
possible to disable cookies through your device or browser settings, but doing
so may affect your ability to use our website. For instance, we may not be able
to recognize your computer or mobile device and you may need to log in every
time you visit our website. The method for disabling cookies may vary by device
and browser, but can usually be found in preferences or security settings.
5.
Other Resources.
To find out more about
cookies, including how to see what cookies have been set and how to manage and
delete them, visit allaboutcookies.org, or aboutcookies.org.
11.
Third
Party Application Stores:
Third
party application stores, such as Apple’s App Store or Google’s Google Play,
might collect additional information and share them with us. Please refer to
the application store’s Privacy Policy to better understand how they process
any of the Personal Data they collect and share with app publishers like
ourselves.
12.
Information
Protection and Retention.
1.
Information Protection.
We
maintain administrative, technical, and physical security measures designed to
provide reasonable protection for Personal Data against unauthorized access,
disclosure, alteration, loss, and misuse. These security measures include
access controls, encryption, and firewalls. We are certified as a PCI DSS Level
1 compliant service provider, which is the highest level of compliance
available, and our platform is audited annually by independent third-party
qualified security assessors against the ISO 27001 security standard.
Unfortunately, no method of Internet use, data transmission, or electronic
storage is completely secure, so we cannot guarantee the absolute security of
Personal Data.
2.
Your Responsibilities.
While
we are dedicated to securing our Website and services, you are responsible for
securing and maintaining the privacy of your passwords and account information.
We are not responsible for protecting Personal Data shared with a third-party
based on an account connection that you have authorized.
3.
Retention.
We
use and retain your Personal Data for, and as long as, necessary for the
purpose for which it was provided, including any purposes set for in this
Privacy Policy (e.g., for services, products, or interactions that you have
requested or initiated; for communications with you; for invoicing,
advertising, and marketing; for improving user experience, such as
troubleshooting, optimization, and personalization; and to comply with legal,
contractual, and regulatory obligations). We may also use and retain
information for other purposes where you have given consent, such as in
response to a pricing or hiring inquiry, or where a legitimate commercial
interest exists.
13.
Accountability
and Safeguards for Onward Transfer.
1.
Data Transfer.
We
provide services around the world. To provide our services, it may be necessary
to transmit Personal Data outside of the country, state, or province where the
data was received, including to the United States in circumstances where 102bid.com
acts as Controller. Such international data transfers may involve the flow of
data from certain countries or regions to others that have different, and
potentially less protective, privacy laws. To account for this, 102bid.com
strives to maintain appropriate internal and external data protections,
including (i) relying on legally or contractually adequate mechanisms to
lawfully transfer data across borders in accordance with applicable laws; and
(ii) obligating third parties, including applicable Processors and vendors, to
provide at least the same level of data protection and use restriction as
maintained by 102bid.com and required by applicable laws.
2.
Standard Contractual
Clauses.
For
third-country transfers outside of the EU/EEA we also use the Standard
Contractual Clauses adopted by the EU Commission in Commission Implementing
Decision (EU) 2021/914 of 4 June 2021 as an adequate level of protection. We
use these Standard Contractual Clauses as modified by the UK International Data
Transfer Addendum for data transfers outside of the UK.
3.
Remedial Measures.
If
we learn Personal Data is not protected according to our contract, or is being
processed beyond your consent, we will take reasonable steps to protect your
information and/or cease its illegitimate processing.
14.
Data
Privacy Framework.
As
part of the Data Privacy Frameworks, 102bid.com complies with, and is a member
of, the EU-U.S. (including the U.K. extension) and Swiss-U.S. Data Privacy
Frameworks as set forth by the U.S. Department of Commerce (collectively the
“Data Privacy Frameworks”) regarding the collection, use, retention, and onward
transfer of Personal Data transferred from the European Union, the United
Kingdom, and Switzerland to the United States. If there is any conflict between
the terms in this Privacy Policy and the Data Privacy Frameworks, the Data
Privacy Frameworks shall govern. To learn more about the Data Privacy
Frameworks, and to view our certification, please visit the U.S. Department of
Commerce site at https://www.dataprivacyframework.gov/. In
accordance with the Data Privacy Frameworks, 102bid.com: (i) is subject to the
investigatory and enforcement powers of the Federal Trade Commission; (ii) may
be required to disclose personal information in response to lawful requests by
public authorities, including to meet national security or law enforcement
requirements; and (iii) may be liable in cases of onward transfers to third
parties. 102bid.com also commits to periodically reviewing and verifying the accuracy
of this Privacy Policy and the company’s compliance with the Data Privacy
Frameworks, and remedying issues identified. All employees of 102bid.com that
have access to Personal Data covered by this Privacy Policy are responsible for
conducting themselves in accordance with this Privacy Policy. Failure of a 102bid.com
employee to comply with this Privacy Policy may result in disciplinary action.
For additional information on how to contact 102bid.com or initiate a Data
Privacy Framework complaint for third-party dispute resolution, please refer to
Section 16. If your complaint is not resolved through these channels, under
certain conditions a binding arbitration option may be available before a Data
Privacy Framework panel. For additional information, please visit Data Privacy Framework.
15.
Data
Subject Rights.
1.
Generally.
Under
applicable law, you may have the ability to exercise certain rights over your
Personal Data. Because 102bid.com values your Privacy, we strive to provide
reasonable steps to allow you to access, rectify, erase, port, and restrict or
object to the use of your Personal Data regardless of whether a specific
statutory right to do so exists. When collection is based on your consent, we
attempt to provide you with notice at collection and the right to withdraw
consent at any time, without affecting the lawfulness of processing based on
consent before its withdrawal by applicable law. If permitted by applicable
law, you may also have the right to lodge a complaint with a supervisory or
regulatory authority if you believe that the processing of your personal data
infringes your rights. Exercise of certain rights, including requests for
deletion of Personal Data, may be limited in certain circumstances and may
adversely affect our ability to serve you.
2.
Sellers, Partners, and
Visitors.
Sellers
and Partners are able to update and control many types of Personal Data
collected by 102bid.com directly within their accounts. Please contact us if
you are a Visitor or otherwise unable to access or otherwise change your
Personal Data within your account.
3.
Buyers.
We
serve as a Processor for Sellers. Buyers may wish to contact Sellers directly
regarding their Personal Data, as Sellers act as Controllers over such Personal
Data. When appropriately identified, we can forward Buyer requests for access
or deletion to Sellers, but we are unable to delete Seller data.
4.
Laws that may grant
particular rights.
Several
jurisdictions have enacted privacy laws to codify certain rights for their
residents. The goals and requirements of these laws are consistent with our
longstanding commitment to data protection and transparency, including the
general principles, disclosures, and data subject rights articulated in this
Privacy Policy.
5.
How to Exercise Your
Rights.
To
exercise your rights under this provision or submit a request to delete your
Personal Data, please click here.
6.
Authentication.
To
protect your Personal Data, we may need to verify your identity by a method
appropriate to the type of request you are making. We may also request that
your authorized agent have appropriate written permission from you to make
requests on your behalf, and we may also need to verify your authorized agent's
identity to protect your Personal Data. We reserve any and all rights to
decline requests to the extent permitted by applicable law.
16.
Contact
Information; Enforcement; Recourse.
1.
Contact Information.
102bid.com
commits to resolve complaints about our collection or use of your Personal Data
in accordance with applicable law. Individuals with inquiries or complaints
regarding our Privacy Policy or practices should first contact 102bid.com at:
privacy@102bid.com: or 102bid.com, 3024 E. Chapman Avenue, #128, Orange, CA
92869, Attention: Legal Department. Inquiries will be reviewed by 102bid.com’s
internal privacy function and escalated to 102bid.com’s external Data
Protection Officer (DPO) where appropriate. 102bid.com will respond to any such
inquiries or complaints without undue delay and in accordance with applicable
law.
2.
Data Privacy Framework
Dispute Resolution.
In
compliance with the Data Privacy Frameworks, 102bid.com commits to refer
unresolved complaints concerning our handling of personal data received in
reliance on the Data Privacy Frameworks to ANA DPF Dispute Resolution, an
alternative dispute resolution provider based in the United States.
17.
California
Disclosures (California Residents).
1.
CCPA Rights.
The
CCPA provides certain rights to California consumers, including the following:
§ Notice at Collection: At or before the time of
collection, you have the right to receive notice of our Personal Data practices
and, where applicable, notice that your data may be collected;
§ Right to Know: You have the right to request
that we disclose certain details to you about the Personal Data we collect,
use, or disclose, as well as about our data practices, including the categories
of Personal Data have collected from you in the past twelve (12) months and
categories of third parties with whom we have shared it;
§ Right to Request Deletion: You have the right to
request that we delete certain Personal Data that we have collected from you;
§ Right to Non-Discrimination: We will not
discriminate against you for exercising any of these rights.
These rights are not absolute, and there may be
cases when we decline your request as permitted by law. Further, if you are a
California resident and a Seller, Partner or Visitor, we generally only collect
and process Personal Data about you as a result of your business dealings with
us. This may limit the extent to which consumer rights under the CCPA apply to
you. If you are a California resident and a Buyer, 102bid.com only processes
your Personal Data as a service provider acting on behalf of a Seller. You
should contact the Seller to exercise any rights under the CCPA.
102bid.com does not
“sell” Personal Data. 102bid.com also does not “share” Personal Data as defined
by California law for purposes of cross-context behavioral advertising or
unauthorized third party direct marketing purposes. In accordance with
this Privacy Policy, we may share Personal Data with authorized service providers
or business partners who, where necessary based on the nature of the sharing
and purpose for which the Personal Data was provided, have agreed to
contractual limitations as to their retention, use, and disclosure of such
Personal Data. We may also share Personal Data if you use our services to
interact with third parties or direct or otherwise authorize us to disclose
your Personal Data to third parties.
As set forth in this
Privacy Policy, we collect the following types of information from you, your
device(s), or from third parties: We may disclose this Personal Data to the
categories of third parties and for the business purposes described in this
Privacy Policy, such as disclosures to service providers that assist us with securing
our services or marketing our products.
3.
Exercising Your Rights.
To exercise your rights
under the CCPA, please refer to Section 15 and contact us at privacy@102bid.com.
4.
Do Not Track.
Because
there is no common understanding about what a 'Do Not Track' signal is supposed
to mean or how it should be interpreted, our website does not respond to such
signals in any particular way.
2.
Children.
As
a general rule, our services and website are not targeted toward children or
those under the age of majority under any applicable law. We do not knowingly
collect the Personal Data of children, or use it in a manner not permitted by
the U.S. Children’s Privacy Protection Act (COPPA). If you are a parent or
guardian and you believe we have collected information from your child in a
manner not permitted by law, please submit a data subject request under Section
15 or contact us at privacy@102bid.com. We will remove the data to
the extent required by applicable laws.
3.
Updates.
We
may update this Privacy Policy from time to time in response to changing legal,
technical or business developments. When we update our Privacy Policy, we will
take appropriate measures to inform you, consistent with the significance of
the changes we make. We will obtain your consent to any material Privacy Policy
changes if and where this is required by applicable data protection laws. You
can see when this Privacy Policy was last updated by checking the “Date of Last
Revision” date displayed at the top of this Privacy Policy.