Updated: 2023
As of 2023, at E Sell Me, safeguarding the security and transparency of your personal data remains our top priority. To ensure your understanding of how we collect and utilize your information, as well as to inform you of your rights, we present this comprehensive Privacy Policy.
This Privacy Policy is applicable to our online platform, E Sell Me, and its associated app, collectively referred to as the "Platform." E Sell Me serves as the data controller for your personal data, and throughout this Policy, we may use terms such as "We," "Us," or "E Sell Me" to refer to ourselves. Contact details can be found at the end of this Privacy Policy (No. 7).
References to data recipients or direct marketing activities pertain to E Sell Me Limited and other entities linked to E Sell Me. We take the privacy of your information seriously, adhering to the European Union General Data Protection Regulation No. 2016/679 ("GDPR") and other pertinent statutory regulations.
To deliver the services offered on our Platform, we engage in the collection, storage, transfer, deletion, and other uses of specific data related to you ("personal data" or "data"). Personal data encompasses information like your name, date of birth, address, or email address, identifying you as an individual.
This Privacy Policy delineates the types of data we collect, the purposes for which we collect and use it, and crucial details about the protection of your data, including your statutory rights.
It's important to note that certain services on our Platform may be supplied by third-party providers, and their data protection regulations apply in conjunction with this Privacy Policy. Prior to utilizing such services, you may need to provide consent under data protection law.
E Sell Me is committed to informing you about data processing under applicable data protection laws, fulfilling this obligation through this Privacy Policy. It's imperative to understand that this Policy and its contents are not contractual clauses and do not form part of the general terms and conditions (GTC) applicable to registered users. Nevertheless, E Sell Me may process data necessary for contract performance or pre-contractual steps at your request, in accordance with applicable data protection laws. References to the GTC should be interpreted as information on data processing (Art. 13 and 14 GDPR), not as clauses forming part of the GTC. By using the Platform and our services, you enter into a legally binding contract with E Sell Me, the conditions of which are described in the GTC.
2.1. Enabling Platform Usage, Providing Services, and Fulfilling the GTC
We collect and use your personal data to facilitate your use of our Platform, provide our services, and fulfill the contract (GTC) between us. This includes supporting commercial transactions, utilizing the electronic payment system, leaving reviews, and communicating with other members. To access these services, you must have an E Sell Me account, created by registering as a member on the Website or App.
Most of the personal data we collect is necessary to fulfill the contract (GTC) with you. Failure to provide this data prevents us from entering into or carrying out the contract (GTC) with you. Some data is also required to comply with legal obligations as a member of our Platform. Failure to provide this data hinders us from meeting legal requirements and providing our services.
Additionally, this data is used to enhance the Platform and improve the experience for our members (see 2.2.12). We collect and use your personal data for these purposes until your E Sell Me account is deactivated or remains inactive for 5 years.
2.1.1. Enabling Registration on the Platform
To complete the registration process and access your E Sell Me account, you must provide the following data:
The legal basis for collecting and using this data is the performance of the contract (GTC) to which you are a party or taking steps at your request prior to entering a contract (GTC) (Art. 6 (1) (b) of the GDPR).
2.1.2. Authenticating via Google, Facebook, or Apple ID
If you choose to register using your Google, Facebook, or Apple ID account or later decide to connect your E Sell Me account to one of these accounts, you will be redirected to the respective website (Google, Facebook, or Apple) to enter your login details.
When you enter your Google login details, E Sell Me will receive the following data from your Google account (you can choose not to provide certain data):
When you enter your Facebook login details, E Sell Me will receive the following data from your Facebook account (you can choose not to provide your email address):
When you enter your Apple ID login details, E Sell Me will receive the following data from your Apple ID account (you can choose not to provide your email address using Apple's Private Email Relay Service):
The data obtained from Google, Facebook, or Apple will be used to set up your E Sell Me account. This means that your Google, Facebook, or Apple ID account's member name will be used as the member name for your E Sell Me account, visible to other visitors and users of the Platform. Other data obtained from Google, Facebook, or Apple will not be visible to anyone on the Platform.
You have the option to unlink your Google, Facebook, or Apple ID account at any time. This can be done in the "My settings" section of your E Sell Me account. If you initially registered without linking to your Google, Facebook, or Apple ID account, you can create this link later.
2.1.3. Setting Up Profile Information
If you choose to add profile details to your E Sell Me account, we collect and use the following data when provided:
Your profile photo, Holiday Mode status, and information in the "About You" field are visible to other Platform visitors, but the rest of the data you enter is not visible.
The legal basis for collecting and using this data is your consent (Art. 6 (1) (a) of the GDPR). We collect and use your personal data for this purpose until your E Sell Me account is deactivated or if your account remains inactive for 5 years. Photo metadata containing personal data is deleted immediately.
2.1.4. Showing Relevant Information to Other Members
As a registered member on the Platform, we collect and use the following information, made public on the Platform, to provide other members with relevant information:
The legal basis for collecting and using this data is our legitimate interest in ensuring that members have access to important information about each other (Art. 6 (1) (f) of the GDPR). We collect and use your personal data for this purpose until your E Sell Me account is deactivated or if your account remains inactive for 5 years.
2.1.5. To Enable You to List Your Items
If you list items on the Platform, we will collect and use the following data for the purpose of creating, publishing, and deleting listings on the Platform (list of required information differs depending on the chosen item category):
The legal basis for such collection and use is your consent (Art. 6 (1) (a) of the GDPR). Personal data collected and used for this purpose are kept for 18 months and 7 days of inactivity. Deleted items and their photos are stored for 6 months. Photo metadata containing personal data is deleted immediately.
2.1.6. To Enable Notifications on the Platform for You
As a registered member on the Platform, we will provide you with notifications on the Platform regarding your new followers, your favorite items, your activity on the forum, and other important messages.
The legal basis for the collection and use of data for the purposes of sending you inbox notifications within the Platform is the performance of a contract (GTC) to which you are a party (Art. 6(1)(b) of the GDPR), and the legal basis for sending you push notifications is our legitimate interest to facilitate sales on the Platform (Art. 6(1)(f) of the GDPR).
We gather and utilize your personal data for this purpose until your E Sell Me account is deactivated or if there is 5 years of inactivity on your account.
2.1.8. To enable you to leave reviews for other members on the Platform, E Sell Me collects and uses the following information to make the reviews publicly available:
2.1.9. To receive reviews from other members, we collect and use the following data for the purpose of making reviews publicly available on the Platform:
2.1.10. To enable you to participate in the E Sell Me forum and engage with our community, we collect and use the following voluntarily submitted data on the Platform:
If you choose to post anonymously in the forum, your member name and picture will not be visible to other members, but the E Sell Me team will still be able to see your identity. The legal basis for collecting and using this data is your consent (Art. 6 (1) (a) of the GDPR). You have the ability to delete and edit your own forum topics and posts at any time. Unless you delete your forum topics or posts earlier, we collect and use your personal data for this purpose until you deactivate your E Sell Me account or for a period of 5 years of inactivity on your account.
2.1.11. To address any public reviews or feedback you provide about the Platform, we collect and use the following data:
2.1.12. If you register on the Platform, we will send you emails and messages via the Platform's messaging system to provide important notifications such as changes to our Terms and Conditions and Privacy Policy. The legal basis for collecting and using this data is the performance of a contract (compliance with our Terms and Conditions) to which you are a party (Art. 6 (1) (b) of the GDPR) and compliance with legal obligations that E Sell Me is subject to (Art. 6 (1) (c) of the GDPR). We collect and use your personal data for this purpose until you deactivate your E Sell Me account or for a period of 5 years of inactivity on your account.
2.1.13. If you register on the Platform, we may send you offers related to E Sell Me services via the Platform's messaging system ("Offers"). The legal basis for collecting and using this data is our legitimate interest in providing offers to our members (Art. 6 (1) (f) of the GDPR, Art. 13 (2) of Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications), Art. 81 (2) of Lithuanian Law on Electronic Communications). To send these Offers, E Sell Me uses a third-party company's service, which may be located within or outside the European Economic Area. In such cases, personal data is protected by the service provider through the use of EU standard contractual clauses for data transfer, as approved by the European Commission. We collect and use your personal data for this purpose until you deactivate your E Sell Me account or for a period of 5 years of inactivity on your account. 2.1.14. To provide you with customer support services, if you send us a query, request, or complaint, we collect and use the following data:
The specific type of information collected may vary depending on the nature of your inquiry. The legal basis for collecting and using this data is the performance of a contract (Terms and Conditions) to which you are a party (Art. 6 (1) (b) of the GDPR). To respond to your inquiries, E Sell Me may share your data with customer support service providers. Personal data collected and used for this purpose are retained for a period of 2 years after the last update related to your inquiry. If your account is deleted, personal data collected and used for this purpose will be deleted along with your account.
2.1.16. To resolve any purchase-related disputes between members, if you are involved in a dispute with another member regarding a purchase or sale on the platform, we will collect and use any necessary personal data held by E Sell Me to resolve the dispute. We base the collection and use of this data on our legitimate interest in settling disputes between our members and defending the rights and interests of E Sell Me (Art. 6 (1) (f) of the GDPR), and, where applicable, compliance with legal obligations to which E Sell Me is subject (Art. 6 (1) (c) of the GDPR). Personal data collected and used for this purpose are retained for a period of 1 year after the dispute is concluded.
2.1.17. If you opt to deactivate your account, we will exert reasonable efforts to ensure its non-visibility on the Platform and restrict the use of your personal data. Nonetheless, for a period of up to 3 months, account restoration is possible in cases of accidental or wrongful deactivation, or if you choose to return to the Platform. This also provides a safeguard in the event someone gains unauthorized access and deletes your account without your knowledge.
The legal basis for temporarily retaining your data is the legitimate interest of E Sell Me and our members in restoring your account when necessary (Art. 6 (1) (f) of the GDPR) and, where applicable, compliance with legal obligations to which E Sell Me is subject (Art. 6 (1) (c) of the GDPR). Personal data are retained for this purpose for a period of 3 months from the date of deactivation of your E Sell Me account. After 3 months, your account will be permanently deleted from our Platform.
2.2. To enhance your experience on the Platform
We gather and use your personal data to enhance your experience on the Platform by enabling personalized features, providing relevant suggestions, and keeping track of your preferences. The specific legal basis for the collection and use of your data is described in each section below.
2.2.1. To customize your feed and search results based on your preferences.
If you choose to personalize the items shown to you on the Platform (such as the item feed, catalogue, and search results), we will collect and utilize the following information to create a personalized feed according to your preferences:
The legal basis for collecting and using this data is your consent (Article 6 (1) (a) of the GDPR). We will collect and use your personal data for this purpose until you deactivate your E Sell Me account or for 5 years of inactivity on your account.
2.2.2. To personalize your feed and search results
We also personalize the item feed by analyzing your preferences based on the following factors:
The legal basis for collecting and using this data is the legitimate interest of E Sell Me and its members (Article 6 (1) (f) of the GDPR) to make the Platform more convenient for our members and show offers from other members that are most likely to interest you. We will collect and use your personal data for this purpose until you deactivate your E Sell Me account or for 5 years of inactivity on your account.
2.2.3. To prioritize high-value items from reputable sellers
To determine if you, as a seller, offer high-value items from a reputable seller, we will collect and use the following data when you sell items on the Platform:
We use these results to prioritize high-value items from reputable sellers when displaying items to new members, increase the visibility of items listed by members who share the same language or live in the same country/region as you, show items listed by new members, items with 3 or more favorites, children's items with one or more favorites, bumped items, and relevant items on the Platform.
The legal basis for collecting and using this data is our legitimate interest in prioritizing high-value items from reputable sellers to facilitate sales and member satisfaction on the Platform (Article 6 (1) (f) of the GDPR). We will collect and use your personal data for this purpose until you deactivate your E Sell Me account or for 5 years of inactivity on your account.
2.2.4. To suggest relevant items to you
If you choose to create item listings on the Platform, we will collect and utilize the data you provide in the listing (as mentioned in 2.1.5 above) to offer other members visiting your items relevant suggestions or to offer your items to members who may find them relevant.
The legal basis for collecting and using this data is our legitimate interest in improving the Platform and ensuring that our members receive relevant suggestions and search results (Article 6 (1) (f) of the GDPR). We will collect and use your personal data for this purpose until you deactivate your E Sell Me account or for 5 years of inactivity on your account.
2.2.5. To suggest relevant item descriptions
When you create item listings on the Platform, we collect and analyze the data you provide in the listing (as mentioned in 2.1.5 above) to suggest the most appropriate description for your listing.
The legal basis for collecting and using this data is our legitimate interest in improving the Platform and ensuring that our members receive relevant suggestions (Article 6 (1) (f) of the GDPR). We will collect and use your personal data for this purpose until you deactivate your E Sell Me account or for 5 years of inactivity on your account.
2.2.8. To enhance the visibility of your listings
If you choose to purchase extra services, such as bumps, to increase the visibility of your items on the Platform, we collect and use the following data:
The legal basis for collecting and using this data is the performance of a contract (your order for extra features under the General Terms and Conditions) to which you are a party (Article 6 (1) (b) of the GDPR). This personal data is required to fulfill the contract with you. If you do not provide us with this personal data, we will not be able to enter into and execute a contract with you. We collect and use your personal data for this purpose until you deactivate your E Sell Me account or for 5 years of inactivity on your account.
2.2.9. To suggest a price when creating an item listing
If you choose to create an item listing on the Platform, our algorithms will analyze the price, item category, brand, and condition. We will then show you pictures and prices of similar items sold in the last three months to help you determine the selling price for your item. If your chosen selling price is higher than the price range of similar items sold on the Platform in the last three months, E Sell Me will provide you with a tip regarding the recommended price range.
The legal basis for collecting and using this data is our legitimate interest in assisting our members in choosing the right price for their items (Article 6 (1) (f) of the GDPR). To provide this functionality, we collect and use pictures and prices of items sold in the last 3 months. When you list your items, we collect and use the information used to analyze your items during the item listing process. When you sell items, we collect and use the aforementioned data for 3 months after the item has been sold.
2.2.10. To notify you about changes to your favorite items
If you favorite an item listed by another member on the Platform, E Sell Me will inform you when the price of your favorite item is reduced or when the item is sold. For this purpose, we collect and use the following data:
2.2.11. To notify sellers when their items are favorited.
If you choose to favorite an item on the Platform, E Sell Me will inform the seller about your action. The legal basis for collecting and using this data is the legitimate interest of our members and E Sell Me to facilitate sales on the Platform (Article 6 (1) (f) of the GDPR). You can disable these notifications by logging into the Platform, visiting Privacy Settings, and changing the relevant settings. We collect and use your personal data for this purpose until you deactivate your E Sell Me account or for 5 years of inactivity on your account.
2.2.12. To allow you to follow other members.
If you decide to follow another member on the Platform, we will notify you when they list a new item. The legal basis for collecting and using this data is your consent (Article 6 (1) (a) of the GDPR). We collect and use your personal data for this purpose until you deactivate your E Sell Me account or for 5 years of inactivity on your account.
2.2.13. To improve our Platform
E Sell Me is committed to providing the best performance on the Platform. When the Platform is being used, E Sell Me gathers information about actions performed on the Platform (such as button clicks, visiting time, notifications read, and other information depending on specific business cases) and other data described in sections 2.1, 2.2, 2.5
2.2.14. Conducting Surveys
At E Sell Me, we are committed to continuously improving your experience on our platform. To achieve this, we may invite you to participate in surveys and gather your valuable feedback. In order to conduct these surveys, we collect and utilize the following data:
The legal basis for inviting you to participate in surveys is our legitimate interest in receiving feedback from our members and enhancing the platform (Art. 6 (1) (f) of the GDPR, Art. 13 (2) of Directive 2002/58/EC, Art. 81 (2) of the Lithuanian Law on Electronic Communications). We retain and use your personal data for this purpose until your E Sell Me account is deactivated or for a maximum of 5 years of account inactivity. Your consent (Art. 6 (1) (a) of the GDPR) is required for participating in surveys and providing the above-mentioned information. After 3 months, we anonymize your responses, ensuring they are no longer associated with you.
2.2.15. Conducting Interviews
To better understand the needs of our users and enhance their experience on the platform, we conduct on-site or online interviews. For this purpose, we collect and utilize the following data:
The legal basis for inviting you to participate in interviews is our legitimate interest in receiving feedback from our members and improving the platform (Art. 6 (1) (f) of the GDPR). We retain and use your personal data for this purpose until your E Sell Me account is deactivated or for a maximum of 5 years of account inactivity. Your consent (Art. 6 (1) (a) of the GDPR) is required for participating in interviews and providing the above-mentioned information. After 3 months, we anonymize your responses, ensuring they are no longer associated with you.
2.2.16. Enabling User Journey Sharing
To continually enhance the E Sell Me platform and provide a better user experience, we offer you the opportunity to share your user journey. If you give your consent, we collect and utilize the following data:
The legal basis for inviting you to share your user journey is our legitimate interest in receiving feedback from our members and improving the platform (Art. 6 (1) (f) of the GDPR). We retain and use your personal data for this purpose until your E Sell Me account is deactivated or for a maximum of 5 years of account inactivity. Your consent (Art. 6 (1) (a) of the GDPR) is required for participating in user journey sharing and providing the above-mentioned information. After 3 months, we anonymize your responses, ensuring they are no longer associated with you.
2.2.17. Enabling Automatic Content Translation
To make content accessible in various languages for our members, we have integrated an automatic translation solution into the E Sell Me platform. If you or another member wishes to have content translated, we collect and utilize the following data:
For automatic translation, E Sell Me may engage service providers located outside the European Economic Area. In such cases, personal data is protected through EU standard contractual agreements approved by the European Commission. The legal basis for collecting and using this personal data is the legitimate interest of E Sell Me and its members to make the platform more convenient and understandable (Art. 6 (1) (f) of the GDPR). We retain and use your personal data for this purpose for a period of 2 weeks after the completion of the translation.
2.3. To ensure the security of your account and the Platform, E Sell Me takes various measures to protect against cyber-attacks, unauthorized access, and other related risks.
2.3.1. Tracking visits to the Platform for security purposes:
When you connect to the Website or App, we collect and use certain data (logfiles) for security reasons, even if you are not logged in as a member. This includes your User ID, IP address, browser information, the content, and URLs you access, and the date and time of your connections. If you access the Platform through a mobile device, we also collect information about your device model, manufacturer, and operating system. This data is used to prevent cyberattacks and ensure the security of the Platform. We retain this data for a period of 3 months.
2.3.2. Helping you avoid compromised passwords:
When you register or change your password, we check it against a database of compromised passwords from previous data breaches on other platforms and services. This helps protect your account by ensuring you are not using a known compromised password. We collect and use this data for the sole purpose of performing the password check.
2.3.3. Assisting with password reset:
If you forget your password or need to change it for any reason and don't have access to your email, we may ask you to answer security questions to verify your identity. This may involve collecting and using your email address, date of birth, registration date, and last transaction information. We retain this data until your E Sell Me account is deactivated or for a period of 5 years of inactivity on your account.
2.3.4. Verifying your account for suspicious actions:
If we detect suspicious activity on your account, we may request you to perform a basic verification by confirming your email, Facebook, or Google accounts. This may involve collecting and using your email address or information from your Facebook or Google authentication. We collect and use this data until your E Sell Me account is deactivated or for a period of 5 years of inactivity on your account.
2.3.5. Phone number verification and 2-step verification:
You have the option to add an extra layer of protection to your account by activating phone number verification. In such cases, we will use your phone number to enable this functionality. Additionally, phone verification may be required in case of suspicious activity on your account. We collect and use your phone number for 2-step verification purposes. The collection and use of this data are based on our legitimate interest to offer additional account security measures. Failure to provide this data may result in the inability to conclude and execute a contract with you.
To carry out phone number verification and 2-step verification, we may use a service provider that may transfer your data outside the European Economic Area. However, the data is protected by the service provider entering into the EU Standard Contractual Clause for data transfer approved by the European Commission. We retain this data until your E Sell Me account is deactivated or for a period of 5 years of inactivity on your account.
2.3.6. Verifying payment source security:
As part of our security process, we may ask members to verify their payment source. To perform these security checks, E Sell Me collects and uses the following personal data: username, information from a photo of the payment card (full name, card expiry date, last four digits of the card number), and information from a photo/screenshot of the bank statement (date and description of the last E Sell Me charge). We collect and use this data for security purposes and to ensure the safety of member accounts. The collected personal data is retained for 4 days after the security check is passed.
!
ChatGPT
2.3.7. Verifying PayPal account security:
As part of our security procedures, members may be required to confirm ownership of their PayPal accounts. This process may include the collection and use of data such as usernames, registration email addresses, and information from screenshots of the PayPal profile or expanded statement. The gathering and utilization of this data are grounded in our legitimate interest to protect the Platform and ensure its security. The collected personal data is retained for 4 days after the security check is successfully completed.
2.3.8. Ensuring compliance with Authenticity Policy:
For specific listings, we collect and employ data to verify adherence to our Authenticity Policy. This involves scrutinizing information presented in the listing and details regarding the item's authenticity, including photos of receipts, certificates, tags, logos, packaging, and other pertinent information. This data is gathered to safeguard the Platform and its members from counterfeit items. In instances where necessary to resolve disputes, we may share photos and proofs of authenticity with brand owners. The collected personal data is retained for 2 years.
2.3.9. Facilitating the exercise of intellectual property rights:
Holders of intellectual property rights or their representatives can submit an Intellectual Property Infringement Report. E Sell Me collects and utilizes personal data, such as full names, emails, addresses, postcodes, countries, organization names, relationships with the rights owner, and infringement data, for the purpose of safeguarding the Platform and its members from intellectual property infringements. The collected personal data is retained for 5 years.
2.3.10. Verifying account ownership:
As part of our security procedures, members may be requested to verify ownership of their E Sell Me accounts. To confirm identity, proofs such as a bank statement showing recent E Sell Me charges, a screenshot of a PayPal expanded statement, proof of address, or a photo of the payment card used for purchases on E Sell Me may be required. The gathering and use of this personal data are rooted in our legitimate interest to protect the Platform and ensure its security. The collected personal data is retained for 3 days from the receipt of the proof.
2.3.11. Reporting Inappropriate Behaviour or Content
If you need to report any inappropriate behavior or content, such as messages, forum activity, members, items, spam, or spoof mail, we will collect and utilize the following information to ensure the security of the Platform and its members:
The legal basis for collecting and using your personal data is our legitimate interest in protecting the Platform and ensuring its security, as well as the legitimate interest of our members in safeguarding their accounts on the Platform (Art. 6 (1) (f) of the GDPR). We will collect and use your personal data for this purpose until your E Sell Me account is deactivated or for a period of 5 years of inactivity on your account.
2.3.12. Reporting Suicidal Posts
In exceptional cases where we come across suicidal posts on our platform, we may report them to the police. For the purpose of reporting such posts, we will collect, use, and disclose the following data:
The legal basis for collecting and using this data is to protect your vital interests (Art. 6 (1)(d) of the GDPR). We will collect and use your personal data for this purpose until your E Sell Me account is deactivated or for a period of 5 years of inactivity on your account.
2.4. Supervising Compliance and Enforcing GTC
E Sell Me actively supervises compliance with and enforces the General Terms and Conditions (GTC) to ensure the security of your account and the Platform.
2.4.1. Calculating Trust Score
To ensure the security of the Platform and its members, E Sell Me assigns each member a "trust score" based on an algorithm and maintains a database of unlawful activities typically performed by malicious users. The "trust score" indicates the likelihood of misuse of the Platform.
Our algorithm considers various factors, including members' forum comments, messages to other members, listed items, transactions, reports from other members, profile and contact information, violations of our GTC, IP addresses, browser fingerprints, and other provided content.
When a member's evaluation reaches certain thresholds, E Sell Me may initiate a verification procedure (asking the member to verify their telephone number, email, Facebook, or Google accounts) or restrict the member's usage of the Platform.
The legal basis for collecting and using this data is our legitimate interest in protecting the Platform and its users, as well as the legitimate interest of our members in ensuring their safety on the Platform (Art. 6 (1) (f) of the GDPR). We will collect and use your personal data for this purpose until your E Sell Me account is deactivated or for a period of 5 years of inactivity on your account.
2.4.2. Identifying and Preventing Malicious Accounts and Activities
To ensure the security of the Platform and its members, E Sell Me maintains a database of keywords indicating malicious accounts and activities. This database may include emails, certain words or phrases found in messages, and other relevant data. By comparing members' activity against the keywords in the database, we can more effectively identify and prevent malicious users.
The legal basis for collecting and using this data is our legitimate interest in protecting the Platform and its users, as well as the legitimate interest of our members in ensuring their safety on the Platform (Art. 6 (1) (f) of the GDPR). The personal data entries in the database are retained for a period of 13 months.
2.4.3. Enforcing Spam Filtering
To protect our members and the Platform from spam, we utilize spam filtering tools. These tools have a list of keywords commonly associated with spam. If your messages contain these keywords, they are flagged by the tools and reviewed manually before being sent to other members.
The legal basis for collecting and using this data is our legitimate interest in protecting the Platform and its users, as well as the legitimate interest of our members in ensuring their safety on the Platform (Art. 6 (1) (f) of the GDPR). We will collect and use your personal data for this purpose until your E Sell Me account is deactivated or for a period of 5 years of inactivity on your account.
2.4.4. Platform Activity Moderation
In order to uphold the Platform's security and the well-being of its members, we routinely oversee your activities on the Platform. Our monitoring processes involve automated checks on your listings and reviews of your comments and messages, particularly when reports are filed by other members or third parties.
If you engage in private messaging with another E Sell Me member and either party reports or escalates a transaction, we analyze the communication content to identify potential breaches of our General Terms and Conditions (GTC). The legal basis for collecting and utilizing this data is rooted in our legitimate interest to safeguard the Platform and its users, as well as the legitimate interest of our members in ensuring their safety on the Platform (Art. 6 (1) (f) of the GDPR). We will continue to collect and use your personal data for this purpose until your E Sell Me account is deactivated or for a period of 5 years of account inactivity.
2.4.5. Warning Issuance and Enforcement
If you violate our GTC or take actions leading to a warning, we collect and employ the following data for issuing and enforcing warnings:
2.4.6. Handling Violating Items
If you list items that violate our GTC, we will promptly remove or hide them. Deleted listings are retained as evidence of the violation, and such retention is based on our legitimate interest in protecting the Platform and its users, as well as our members' interest in ensuring their safety (Art. 6 (1) (f) of the GDPR). Deleted listings are kept for 30 days after removal.
2.4.7. Account Compromise Detection and Locking
To ensure member and Platform safety, we regularly monitor for suspicious activities to detect compromised accounts. If your account is suspected to be compromised or at your request, we may temporarily lock your account. The legal basis for collecting and using your personal data for this purpose aligns with our legitimate interest in protecting the Platform and its users (Art. 6 (1) (f) of the GDPR). Data will be collected and used until your E Sell Me account is deactivated or for a period of 5 years of account inactivity. If your account is unlocked after being locked, we will retain your data for 2 years. For permanently locked accounts, data will be retained for 5 years after the last activity on the Platform.
2.4.8. Account Suspension for Excessive Messaging
If you send an excessive number of messages within a short period, your account may be suspended for 1 to 6 hours. We collect and use suspension duration and time for the purpose of protecting the Platform and its users, based on our legitimate interest (Art. 6 (1) (f) of the GDPR). Data will be collected and used until your E Sell Me account is deactivated or remains inactive for 5 years.
2.4.9. Blocking Accounts
Depending on your Platform usage, your account may be temporarily or permanently blocked in accordance with our GTC. E Sell Me uses automated tools to efficiently block accounts for security purposes. This decision is based on various data categories, including registration data, Platform activity, session information, listing details, communication data, settings, and preferences. We create profiles of harmful users based on identified criteria. The legal basis for collecting and using this data is the performance of the contract (GTC) to which you are a party (Art. 6 (1) (b) of the GDPR). We will collect and use your personal data for the purpose of deciding on account blocking until your E Sell Me account is deleted. For blocked accounts, we collect and use account data and data related to the blocking for the duration of the blocking, which can be up to 14 days or 3 months from the block date.
2.4.10. IP Blocks Enforcement
If there are indications of cyber-attacks or security risks from your IP address, we collect and use your IP address to protect the Platform by blocking it. This collection and use of personal data are based on our legitimate interest to safeguard the Platform and its users (Art. 6 (1) (f) of the GDPR). Data collected and used for this purpose will be retained for 5 years.
2.4.11. Restricting Fraudulent Use of Payment Instruments
If there are signs of fraudulent activity involving your payment instrument, we collect and use your payment instrument and transaction data to protect the Platform by restricting its usage. This collection and use of personal data are based on our legitimate interest to safeguard the Platform and its users (Art. 6 (1) (f) of the GDPR). Data collected and used for this purpose will be retained for the duration of the applied restrictions.
2.4.12. Verifying Ownership of Suspected Minor Accounts
The Platform is intended for users aged 18 or older. If a parent or guardian suspects an account belongs to a minor, they can report it, providing necessary information for verification. This includes the full name of the parent or guardian, the username, full name, and age of the presumed minor account holder, and proof of parental authority.
Upon receipt of this information, we will initiate contact with the account holder and request proof of identity and age. The provided data will be cross-referenced with the details supplied by the reporting parent or guardian. Documents such as identity or residence cards, passports, driver's licenses, student ID cards, social health insurance cards, public transport passes, or bank statements can be submitted as proof of identity for age verification. Any unnecessary personal information within these documents, such as ID numbers, photos, and addresses, may be redacted. The collection and utilization of data from the parent or guardian are rooted in our legitimate interest to verify suspected minor account ownership and ensure adherence to our General Terms and Conditions (GTC), as specified in Article 6 (1) (f) of the GDPR. For data from the account holder, the legal basis is the performance of a contract (compliance with our GTC) to which they are a party, as stated in Article 6 (1) (b) of the GDPR. The personal data gathered and used for this purpose will be retained for a period of 2 years, with copies of uploaded documents deleted within 3 days of receipt.
2.5. Enabling Payments for Items
Payments on the Platform are facilitated through payment service providers offering payment processing and escrow services. Furnishing most of your personal data is necessary to fulfill our contract (GTC) with you. Failure to provide this personal data will prevent us from entering into or executing a contract (GTC) with you, as outlined in Article 6 (1) (b) of the GDPR. Some data is also required to meet our or our payment service providers' legal obligations, as members of our Platform, in accordance with Article 6 (1) (c) of the GDPR. Failure to provide this personal data will result in our inability to comply with legal requirements and provide our services. Additionally, this data is used to enhance the Platform and improve the user experience for our members, as detailed in section 2.2.12.
2.5.1. Allowing Purchases and Adding Payment Cards
When adding a payment card or making a purchase on the Platform, we collect and use data, including full name, first six and last four digits of the payment card number, and expiration date, to facilitate payments. The relevant payment service provider (see section 2.5.3 below) receives similar data. The collection and use of this data are based on the performance of a contract (compliance with our GTC), as stated in Article 6 (1) (b) of the GDPR. Providing personal data is necessary for fulfilling our contract (GTC) with you. With your consent, we may store your bank card details for future use. The legal basis for collecting and using this data is your consent, as stated in Article 6 (1) (a) of the GDPR. We will collect and use your personal data for this purpose until your E Sell Me account is deactivated or remains inactive for a period of 5 years.
2.5.2. Adding a Bank Account for Withdrawal Purposes
To enable the withdrawal of funds, we collect information when you add a bank account, including the account holder's full name, account number, and address. The collection and use of this data are based on the legal basis of performing a contract, as outlined in our General Terms and Conditions (GTC), to which you are a party (Art. 6 (1) (b) of the GDPR). It is necessary for you to provide this personal data for us to enter into and fulfill a contract (GTC) with you. We will retain and use your personal data for this purpose until your E Sell Me account is deactivated or for a period of 5 years of inactivity on your account.
2.5.3. Payment and Receipt of Payments on our Platform
When making payments on our Platform, such as to a seller or for additional services, through payment cards, PayPal, Google Pay, Apple Pay, or other integrated methods, we collect and use certain information through our electronic payment system, Stripe / Opayo. This includes your full name and invoice address. If you use the Stripe / Opayo electronic payment system, they collect necessary payment information based on the selected method. The legal basis for E Sell Me's collection and use of your data in this context is the performance of a contract (compliance with our GTC), as outlined in Article 6 (1) (b) of the GDPR. We will collect and use your personal data until your E Sell Me account is deactivated or for a period of 5 years of inactivity on your account.
2.5.4. Enabling Donations
When making a donation through our Platform, we collect and use data for facilitating the donation, including the amount donated, date and time of the donation, and the name of the organization receiving the donation. The legal basis for collecting and using this data is our legitimate interest in empowering members to support causes, as stated in Article 6 (1) (f) of the GDPR. We will collect and use your personal data for this purpose until your E Sell Me account is deactivated or for a period of 5 years of inactivity on your account.
2.5.5. Implementing Know Your Customer (KYC) Checks on our Platform
When reaching the KYC thresholds set by Stripe / Opayo, certain documents may be requested to perform safety checks (Know Your Customer, KYC). To facilitate this, we enable Stripe / Opayo to collect data, including full name, date of birth, country, address, information from the provided document, full name of organizational or business representative (for Pro Users), date of birth of organizational or business representative (for Pro Users), address of organizational or business representative (for Pro Users), identity document of organizational or business representative (for Pro Users), business address (for Pro Users), and registration proof (for Pro Users). The legal basis for this data collection is the performance of a contract (compliance with our GTC), as stated in Article 6 (1) (b) of the GDPR. We will collect and use your personal data until your E Sell Me account is deactivated or for a period of 5 years of inactivity on your account.
Stripe / Opayo acts as the data controller for the purpose of conducting KYC checks. Refer to their privacy policy for more information on how they collect and use your data. E Sell Me utilizes Stripe / Opayo's API, allowing you to submit documents and data directly to them without storing them on our systems. This is necessary to fulfill our legitimate interest in providing Stripe / Opayo with the necessary information to comply with their legal obligations (Art. 6 (1) (f) of the GDPR).
2.5.6. Conducting Politically Exposed Persons (PEP) Checks on our Platform
In cases involving a high number of transactions on E Sell Me, additional information may be required for continued use. As part of anti-money laundering and counter-terrorist financing measures, our payment provider Stripe / Opayo may necessitate further checks, wherein we collect and use personal data provided in a declaration regarding Politically Exposed Persons (PEP). This includes:
This is necessary to fulfill our legitimate interest in providing Stripe / Opayo with the necessary information to comply with their legal obligations (Art. 6 (1) (f) of the GDPR). The personal data collected and used for this purpose will be retained until the information is transferred to our payment service provider, Stripe / Opayo.
Stripe / Opayo acts as the data controller for conducting PEP checks. Refer to their privacy policy for more information on how they collect and use your data.
2.5.7. Refund Processing
In cases of issues with a purchased item, such as non-delivery, damage, or a description that does not match, you can file a claim for a refund. To process the refund, we collect and use the data provided during the purchase (as mentioned in section 2.5.1). The legal basis for collecting and using this data is the performance of a contract (General Terms and Conditions) to which you are a party (Article 6(1)(b) of the GDPR). Note that providing personal data is necessary to complete the contract, and failure to do so may result in the inability to enter into or fulfill the contract. Transaction data will be retained for a period of 13 months from the date of the transaction.
2.5.8. Financial Recordkeeping
When engaging in transactions on the Platform, E Sell Me will collect and use certain data for accounting purposes. This includes your full name, username, address, VAT identification number (if applicable), and details of the goods and/or services provided. This data is necessary to comply with legal obligations (Article 6(1)(c) of the GDPR). Financial regulations require us to retain accounting documents confirming transactions for a period of 10 years.
2.6. Shipment of Purchased Items
E Sell Me aims to provide a seamless and convenient shipping experience for items purchased on the Platform by offering various shipping methods. Most of your personal data is required to fulfill the contract (General Terms and Conditions). Failure to provide this data may result in the inability to enter into or fulfill the contract. Additionally, this data is used to improve the Platform for a better user experience (see section 2.2.12).
2.6.1. Shipping Information
When entering your shipping information or conducting transactions involving the purchase or sale of items, we collect and use the following data for dispatch and shipping purposes: full name, country, city, address, postal code, telephone number, email address, signature, drop-off point address for the parcel, tracking number of the parcel, confirmation of parcel delivery, and any other shipping information required by the chosen shipping service provider. The legal basis for collecting and using this data is the performance of a contract (General Terms and Conditions) to which you are a party (Article 6(1)(b) of the GDPR). Failure to provide this personal data may result in the inability to enter into or fulfill the contract. If you purchase an item from a Pro User, your personal data will be jointly processed by E Sell Me and the Pro User. E Sell Me is responsible for collecting and transferring personal data to the Pro User or, in the case of integrated shipping providers, to the shipping service provider. Refer to section 4 of this Privacy Policy for more information on joint controllership.
We may share personal data collected for this purpose with the following recipients:
2.6.2. Tracking your parcel
When you make a purchase or sell items on our Platform, we collect and utilize certain data to track the shipment of your parcel. This includes:
If we are unable to obtain tracking information directly from the shipping provider, we may share the above-mentioned data with a tracking service provider. The protection of your personal data is ensured through the service provider's adherence to the EU Standard Contractual Clauses for data transfer, as approved by the European Commission.
The legal basis for collecting and using this data is the performance of the contract (General Terms and Conditions) to which you are a party (Article 6(1)(b) of the GDPR). Providing this personal data is necessary to fulfill the contract with you. Failure to provide this data may result in our inability to enter into or execute the contract with you.
Personal data collected and used for shipment tracking purposes are retained for a period of 6 months.
Marketing Activities
At E Sell Me, we are dedicated to engaging our members through rewarding marketing campaigns while ensuring the delivery of relevant and captivating marketing material.
2.7.1. Subscription to Marketing Emails
You have the option to subscribe to our newsletter and other marketing emails ("Marketing Emails"). Upon registration, we seek your consent to use your email address for sending Marketing Emails containing the latest information on products, services, special offers, and campaigns. If you initially decline, you can change your preferences at any time within your E Sell Me account settings. We collect and use your personal data for this purpose until you deactivate your E Sell Me account or for a period of 5 years of inactivity.
2.7.2. Personalizing Marketing Communications
To enhance your experience, we personalize marketing messages and advertisements based on your registration data, E Sell Me account activity, forum participation, log files, and other sources. This involves engaging service providers within and outside the European Economic Area, ensuring data protection through EU Standard Contractual Clauses. We may also use your data for personalized ads on third-party platforms, safeguarded by adherence to EU Standard Contractual Clauses. We collect and use your personal data for this purpose until account deactivation or 5 years of inactivity.
2.7.3. Contacting You for Publicity and Earning Opportunities
Upon registration, you may be contacted through the platform for opportunities such as featuring your content on social media, participating in marketing campaigns, or gaining exposure through the press. This is based on our legitimate interest in increasing visibility and providing earning possibilities. Consent and reputation checks may apply. We collect and use your personal data for these purposes until account deactivation or 5 years of inactivity.
2.7.4. Advertisement Campaigns Involving You
Consenting to advertisement campaigns allows us to use your telephone number for communication and gather additional data for contract performance. This may include full name, date of birth, nationality, and business details. Participation is based on legitimate interest and contractual agreements. Data may be shared with campaign partners. Collection and use continue until account deactivation or 5 years of inactivity.
2.7.5. Posting Your Content on Our Social Media Accounts
With your consent, we post your content on our social media for marketing and PR. Data may be shared with social media operators outside the European Economic Area, protected by EU Standard Contractual Clauses. Collection and use persist until account deactivation or 5 years of inactivity.
2.7.6. Personalized Advertisements through Advertising Service Partners
Consent enables advertising service partners to collect your data for personalized ads, respecting your interests and platform activity. Withdrawal options are available, and data is used until account deactivation or 5 years of inactivity.
2.7.7. Evaluation of Promotional Campaigns
To assess campaign effectiveness, we analyze marketing activities and platform usage, sharing data with service providers adhering to EU Standard Contractual Clauses. Data is used until account deactivation or 5 years of inactivity.
2.7.8. Managing Our Social Media Profiles
Effectively managing social media involves collecting and using data such as name, email, gender, and profile details. This is based on our legitimate interest, with data shared with social media platforms outside the European Economic Area, protected by EU Standard Contractual Clauses. Collection and use continue until account deactivation or 5 years of inactivity.
4. Data Collection and Usage
In the course of managing our social media profiles, E Sell Me collects and utilizes various types of data based on our legitimate interest, as outlined in Article 6(1)(f) of the General Data Protection Regulation (GDPR). This data is crucial for effective profile management and includes:
To ensure compliance with data protection standards, we may share this information with social media platform operators, some of whom are located outside the European Economic Area. However, the transfer of personal data is safeguarded through the operators' adherence to the EU Standard Contractual Clauses for data transfer, approved by the European Commission.
Social Media Platform Operators Involved:
The personal data collected and used for this purpose will be retained for as long as you are registered on a specific social media network.
Joint Responsibility on Facebook: E Sell Me operates a fan page on Facebook. The processing of "insights data" that creates "page insights" involves joint responsibility between E Sell Me and Facebook (Article 26(1) of the GDPR). This responsibility extends from data collection on E Sell Me's fan page to its transmission to Facebook.
To ensure compliant processing, E Sell Me and Facebook have entered into an agreement covering data collection and use specifically for "page insights." E Sell Me does not receive personal data from Facebook but only anonymous evaluations and illustrations. The data processed includes actions and analyses such as views, interactions, reactions, clicks, and IP addresses.
Processing this visitor data serves the legitimate interests of E Sell Me and is based on Article 6(1)(f) of the GDPR. The data is retained until account deactivation or for a period defined by legal obligations.
For rights related to "insights data," you can primarily contact Facebook, as outlined in their data protection guidelines.
Joint Responsibility on LinkedIn: E Sell Me maintains a company page on LinkedIn, sharing joint responsibility with LinkedIn for the processing of "insights data" used to generate anonymized statistics and insights about visitor interactions with the page. Similar to Facebook, joint controllership is governed by an agreement called the "Page Insights Joint Controller Addendum."
Within this joint controllership, LinkedIn is responsible for enabling your GDPR-related rights, and you can contact them directly for such matters. E Sell Me may also be contacted for requests related to personal data processing for insights, with forwarding to LinkedIn when necessary.
Processing visitor data on the LinkedIn company page is based on Article 6(1)(f) of the GDPR, serving E Sell Me's legitimate interests. The data is retained until account deactivation or for a duration defined by legal obligations.
2.7.9. Participation in Referral Program: To engage in E Sell Me's referrals program, the following data is collected and used based on contract performance (Article 6(1)(b) of the GDPR):
This data is essential for contract execution and is retained until your E Sell Me account is deactivated or for 5 years of inactivity.
2.8. Legal Purposes
E Sell Me processes personal data for legal purposes outlined in Section 2.8 of the Privacy Policy. These include handling requests, providing information to law enforcement, protecting against chargebacks, and defending the rights and interests of E Sell Me.
The retention periods for personal data processed under legal purposes vary, and they are specified in each subsection of Section 2.8.
3. Recipients of Personal Data: Personal data is shared with service providers such as cloud and hosting providers, IT security providers, maintenance and technical service providers, and communication service providers. These service providers contribute to maintaining the security and functionality of the Platform. Data transfers may involve entities located outside the European Economic Area, with protection ensured through EU Standard Contractual Clauses.
Personal data may also be disclosed to legal representatives, notaries, auditors, consultants, IT service providers, insurance companies, and other entities assisting E Sell Me. In case of contractual relationship transfers, personal data may be shared with third parties after providing notice to users.
4. Use of Cookies: E Sell Me employs cookies and similar technologies on the Platform to enhance user experience. Detailed information about cookie usage is available in the Cookie Policy.
5. Right to Amendment: E Sell Me reserves the right to modify the Privacy Policy in compliance with applicable regulations. Updates will be promptly published on the platform, and users are advised to check regularly for changes.
6. Your Statutory Rights Regarding Your Personal Data: Users possess various statutory rights concerning their personal data, including the right to access, rectification, deletion, restriction of processing, data portability, objection, withdrawal of consent, right to human intervention, and non-discrimination. The process for exercising these rights is detailed in Section 6.
7. Contact Details: For queries related to data collection, usage, or rights, users can contact E Sell Me at support@esellme.com. The data protection officer's contact details are provided for formal communication:
E Sell Me 10 Auburn Road, Mullingar Co Westmeath Ireland
eSellMe.com
support@esellme.com
