Privacy Policy

1.GENERAL

This Privacy Policy applies to the online platform at https://stufful.com ( “Website” ) as operated by Stufful SIA, a company registered in the Register of Enterprises of the Republic of Latvia (” we ” ” our ” “Stufful”) and to the associated app ( “App” ) operated by Stufful. More details about how to get in contact with us can be found at the end of this Privacy Policy.

Your privacy is important to us. We will not sell or lease your personal data. All data will be collected, stored and processed by us in accordance with the European Union General Data Protection Regulation No. 2016/679, other statutory regulations and not passed on to any third party unless we are under a statutory obligation to do so, or unless necessary for the provision of our services, or unless you have expressly agreed to the passing on of your data.

The services offered by us via the website and/or app (jointly “Platform”) can function only if we collect, store, transfer, delete and/or otherwise use (“Process” or “Processing”) specific data relating to you. Personal data means all information relating to an identified or identifiable natural person (“Data”) such as your name, date of birth, address or email address.

This Privacy Policy describes which of your Data we collect and for what purposes we Process it when you use the services offered by us on the Platform. This Privacy Policy also contains important information on the protection of your Data, especially the statutory rights you have in connection with it.

Certain services on our Platform are offered by third-party suppliers. When you use these services, the data protection regulations of the third-party suppliers will then apply in addition to this Privacy Policy. Prior to your use of such services, the third-party suppliers may require you to provide permission under data protection law.

This Privacy Policy supplements the Stufful Terms & Conditions (“TC”) that form the basis of your contract with Stufful for the usage of the Platform (“Usage Contract”). In the event of discrepancy between the TC and this Privacy Policy, the provisions of the latter shall apply.

2 . WHICH OF YOUR DATA DO WE PROCESS?

2.1 Connection to Website and App

When you connect to the Website or App, we Process the following data (logfiles), even if you are not logged in to the Website as a member:

• the IP address of your device;
• the browser used by your device;
• the content and URLs you connect to;
• the date and time of your connections.

In the event of access via mobile devices, the following logfiles are also captured as part of your use of the App:

• model and manufacturer of your mobile device;
• the operating system used by your mobile device (iOS, Android).

Without your express permission we will not use the personal data specified in this section, especially the IP address, unless such use is necessary (i) for the provision of our services and/or (ii) for security purposes, especially the prevention of cyber attacks such as data scraps and denial of service attacks and for preventing impermissible multiple applications.

2.2 Registration as member

In order to use our Platform, and especially to undertake commercial transactions via the Platform, to use the electronic payment system or to leave reviews, you need a Platform account. For this purpose, you must register as a member on the Website or App. If you have a Facebook or Google account, you can also register via one of these accounts.

(a) Registering via your Facebook or Google account

If you register via your Facebook or Google account, you will be transferred from our Website or App to the website of Facebook or Google and asked to enter the log-in details for your Facebook or Google account. If you enter your Google log-in details, Stufful will receive from Google the following data from your Google account:

• Profile photo
• First name
• Surname
• Email address

Once you have entered your Facebook log-in details and you are on the Facebook website, you can decide whether, in addition to your

• public profile (specifically member name, profile photo)
• email address.

Please note that if you keep your default settings, all the aforementioned Facebook data will be selected. If you click on the button marked “Continue as …” you are agreeing to the transfer to Stufful of the Facebook data selected.

The data we obtain from Facebook or Google will be used to set up your Platform account. This means that we will use the member name of your Facebook or Google account as the member name for your Platform account. 

(b) Registering without a Facebook or Google account

If you do not want to register via a Facebook or Google account, you will be asked to enter the following details on our Website or App:

• Email address (mandatory info for the use of the Platform)
• Password

2.3 Completion of your profile

After registering, you can add optional information to your profile. Go to “Account details” in your account.

a) Account details

Under “Account details” you can add the following data:

• First name
• Last name
• Display name
• Email address
• Password

(b) Addresses

Under “Addresses”, you can enter your billing and shipping details. We will process your data which is necessary to provide shipping services:

• First name
• Last name
• Country/Region
• Street address
• Town/City
• Municipality (optional)
• Postcode/ZIP
• Phone number
• Email address

2.4 Use of Platform for transactions

We will store and Process Data on your transactions on the Platform (eg item, price, time of transaction etc.). You can see this Data in the orders overview of your account.

If you sell items on our Platform, we collect additional Data that you create when you offer the items for sale, particularly photos and video as well as text and other descriptions (eg brand, price, size, condition, colour etc.), payment methods accepted, location, etc.

We might also ask you to provide us with a proof of payment authorization (ie bank statement, phone verification, credit card picture, etc.).

2.5 (Removed)

2.6 Reviews

When you use our services, we also collect the following Data:

• Reviews.

For technical reasons, this content generated by you will remain online after the end of your user agreement. Nonetheless your member name will not be visible and there will be a note stating that the content comes from a member who is no longer active (see our TC).

2.7 Location data

When you register at Platform we will process the location data collected via your App or web browser (as part of your IP address). This data (your country) will be shown on your profile. You can edit this information at any time.

3. PURPOSES FOR WHICH WE PROCESS YOUR DATA

Insofar as not already specified under 2, we will Process your Data for the following purposes.

3.1 Provision of our services

We will Process your Data for the purposes of performing the usage agreement, for providing the services used by you on our Platform

• and for facilitating your buying and selling of items
• for providing shipping services via our partners
• for facilitating the electronic processing of payments for goods bought and sold on the Platform
• for verifying your identity and details
• for sending you messages necessary for the provision of our services
• for providing an overview of your transactions on the Platform (transaction history)
• to be able to offer our services free of technical errors and to be able to recognise and resolve any errors.

3.2 Legal rights, improvement of our Platform, prevention and detection of inadmissible activity, system security

We will also process your Data to protect the following legitimate interests of Stufful and/or any third parties:

• Resolution of disputes, enforcing our TC and the enforcement, exercise and upholding of our rights
• Analysis and evaluation of usage of our Platform for the purposes of continual improvement of our products and services
• Prevention, detection and prosecution of unlawful activity, especially fraud
• For security purposes – to evaluate activities that indicates the likelihood of misuse of the Platform. Our evaluation takes into account items a user sells on the platform, their transactions, their profile and contact information, any violations of our Terms & Conditions, IP addresses, browser fingerprints, and other content the user provides
• Guaranteeing the security of the Platform, the protection of the Data we hold and the detection of cyber attacks and other threats to the integrity of the Platform
• Compliance with applicable tax obligations.

3.3 Creation of anonymous user profiles

Stufful will use the Data gathered during registration and during profile creation, your logfiles and your usage data as collected via cookies to create an anonymous user profile (“User Profile”).

Unless permission is provided, Stufful will under no circumstances use this User Profile in such a way as to allow a connection to be established between it and a specific person. This means that Stufful will not be able to establish identity of the member. Stufful further guarantees that, without permission, anonymous user profiles will not be combined with other personal Data of the user for any technical, personal or administrative purpose.

Stufful will create and use User Profiles in pursuit of the following legitimate interests:

• We will use User Profiles to analyse and understand behaviour of the member. For essential and often-used services of the Platform, this understanding will enable us to improve existing services and/or add further services.
• Members will receive personalised marketing messages based on the User Profile created. This means that users will receive marketing messages based on their interests and User Profile. Marketing messages will be sent on the basis of advertisers involved with the Platform and, provided permission has been granted, via email to the address provided on registration or to the mailbox held within the Platform account (messages or mailbox).

3.4 Email newsletter and other marketing emails

You can register for our newsletter and for other marketing emails (“Marketing Emails”). When you register, we will ask you for your permission to Process your email address for the purposes of sending you Marketing Emails containing the latest information on our products and services, especially with regard to goods available on the Platform, special offers and marketing campaigns. You will receive Marketing Emails only if you have given permission.

Your permission also includes your agreement that we may personalise the content of Marketing Emails in accordance with your needs and interests on the basis of any User Profile that may have been created for you. Where you have also permitted us to use cookies and to track your user behaviour on our Platform, this permission also includes Data on your use of our platform.

Your permission for the sending of Marketing Emails can be withdrawn by you at any time with future effect. You can click “Unregister” at the end of the Marketing Email. Withdrawal of permission will not affect the lawfulness of Processing carried out prior to withdrawal of permission.

3.5 Account verification for security purposes

We may request you to give us your phone number for the purposes of account verification. You will receive a code via a text message sent to the phone number you have provided. You will not be able to continue using the App until you have entered the code. Until then, your usage of the Platform will be blocked. Your phone number will not be used by us for any other purpose, and especially not for marketing purposes.

We might also ask you to provide us with a proof of payment authorization (ie bank statement, phone verification, credit card picture, etc.).

3.6 Personalization of feed

In order to show you the items that are relevant to you we will profile you and personalize your feed based on your preferences, the information about category, brand, color, condition, price, size of the purchased items and purchasing history. Our platform will be more convenient for our users and, due to personalization, you will see offers that might interest you the most.

3.7. Contacting you for opportunities

We may contact you via e-mail or inbox message to offer you to share your content on our social media profiles or to participate in our marketing campaigns. This is to increase yours and Stufful publicity or to provide you with earning possibilities.

3.8. Sharing your photos and other content on social media of the Stufful

If you allow us, we will post your content on our social media accounts. In this case we will use your content only for the said purpose based on your consent

4. ONLINE SECURITY

Access to your account is protect by a password set by you. Do not disclose your password to anyone. Once you have finished using Stufful, remember to log off by using the logout button, especially if you are using a public computer. Please note that the transfer of data via the Internet (eg via email) is not always totally secure and the prevention of access by third parties cannot be guaranteed.

We will take all technical and administrative security measures required to protect your Data from unauthorised loss and access as well as from unauthorised amendment, disclosure or deletion. Access to your Data is limited to those persons who require it for the purposes described in this Privacy Policy. Such persons are bound by the applicable data protection laws.

5. CONTRACT PROCESSING

Stufful may appoint external service providers to provide specific services. These service providers will undertake data processing procedures on our behalf and at our instruction (contract processors). Stufful will select contract processors carefully and in accordance with applicable data protection laws. It will also ensure that Processing is carried out in accordance with the provisions of any written contract and with statutory data processing regulations.

The procedures carried out on our behalf include:

• the provision of the technical infrastructure for the Platform and the provision of server space
• shipping services
• online and usage analysis
• account verification
• customer service and enquiry processing
• payment processing
• finance services
• trust in and security of the Platform (eg prevention of fraud and harassment).

The contract processors appointed by us may under certain circumstances be granted access to your personal Data but solely for the purpose of the data processing requested. Contract processors are also contractually required to ensure that the level of their data protection is at least equivalent to that provided by us. All Data processed on our behalf remains under our control. We continually monitor compliance with our instructions, with guaranteed levels of data security and with contractual agreements formed with the data processor.

Some of these service providers may be in countries outside the EU/EEA whose data protection levels are viewed within the EU/EEA as inadequate. We have nonetheless formed appropriate agreements with these service providers (or there are other guarantees in place) that ensure that all necessary measures will be taken to protect your data in accordance with the applicable requirements. If you have any questions about our service providers, please contact our Platform help center. If our question is not answered there, please contact us via email at stufful@stufful.com. As a minimum, we will always supply on request any additional information on the guarantees we have put in place (or where applicable a copy of this information via email).

6. CAPTURE OF PUBLIC CONTENT BY EXTERNAL SEARCH ENGINES

Your member name, selected language and all other content published by you will be freely available online and thus included in external search engine results. We therefore advise you not to publish any contact data or sensitive or private information.

7. DISCLOSURE OF YOUR DATA TO THIRD PARTIES

Stufful is statutorily obliged to provide personal and/or usage Data to investigative, criminal prosecution or supervisory authorities if and insofar as required for the avoidance of risk to the public and for the prosecution of criminal acts.

Stufful may share your Data with third parties when transferring rights and obligations pertaining to the contractual relationship between you and Stufful to such third parties in accordance with the TC, in particular in the case of the transfer of a sector of activity, a merger through the foundation of a new company, a merger through absorption, de-merger or any change in control affecting Stufful. Prior to such event Stufful will inform you separately about the details of sharing your Data and will obtain your consent where legally necessary.

In all other cases your Data will be passed on to third parties only where you have granted permission or have yourself given third parties access to your Data (not including third parties that we have commissioned as contract processors).

8. USE OF COOKIES

8.1 Required cookies

Cookies are small text files that our Platform wants to place on your computer or other online devices such as tablets or smartphones. Provided your browser settings accept cookies, your browser adds the text in the form of a small file. Unless stated otherwise elsewhere in this Privacy Policy, the cookies we use are necessary for the functionality and performance of our Platform. This includes cookies that enable you to register for the protected areas of our Platform, to buy an item or to use the electronic payment system. Most cookies are deleted from your device after the end of your browser session (session cookies). The information saved in the required cookies will be used by us solely to provide the services and functions requested.

8.2 Cookie consent

When you access our platform, we may place additional cookies on your device. These cookies help us

• to recognise how many visitors visit our Platform and how they behave when they are here. This helps us to improve the functionality of our Platform, eg by ensuring that users can find what they are looking for (analytic/performance cookies) and by helping us
• to recognise you when you re-visit our Platform. This helps us to personalise our content for you, greet you by your name and note your preferences (functional cookies) and
• to capture your visit to our Platform and which pages you visit and which links you click on. We will use this information to better tailor our Platform, and the advertising we show you, to your interests. If you have given us your permission to send you Marketing Emails, we will also use this information to send you personalised Marketing Emails (targeting cookies).

The cookie banner will tell you that we use cookies. In continuing to use our Platform after we have displayed the cookie banner, you consent to our using cookies for the aforementioned purposes (“Cookie Consent”).

Further information on cookie usage by Stufful and on how you can withdraw your consent or decline to accept cookies can be found below.

8.3 Managing your cookie settings

You can configure your browser to decline some or all cookies or to ask for your permission before accepting them. If however you decline cookies, some of our services may have restricted functionality. For information on how to adjust or change your browser settings, visit www.aboutcookies.org or www.allaboutcookies.org. If you use multiple devices to access our Platform (eg smartphone, tablet, computer etc.) you must ensure that each browser is adapted to each device in accordance with your cookie preferences.

8.4 Use of third-party cookies

When you use Stufful online services, you may be targeted with cookies or web beacons from other providers for the purposes of gathering information. This may be for the purposes of range measurement or the activation of contextual advertising or targeting campaigns. On the basis of your permission for the use of cookies, we will also evaluate user profiles under a pseudonym. No personal identification will be possible. These third-party tracking technologies and their use are not controlled by us.

You can prevent storage of, and tracking by, such third-party cookies by adjusting your browser settings.

9. SURVEYS

We always look for ways to improve your experience when using Platform. That is why we might invite you to participate in survey and use your feedback. We will temporarily connect your responses to your user ID and your profile information (eg the amount and the average value of items you have bought or sold, the number and types of paid services you have bought) and anonymize this information straightaway – this means that the responses will no longer be associated with you.

10. RIGHT OF AMENDMENT

As we are constantly developing our services, we reserve the right to change this Privacy Policy at any time subject to the applicable regulations. Any changes will be published promptly on this page. Regardless of the aforementioned, you should check this page regularly for any updates.

11. DURATION OF STORAGE OF YOUR DATA

Unless stated otherwise on this Privacy Policy or provided for by statute, we will save

• the personal Data specified under 2.1 for 30 days from the date of its collection
• in case we become aware of a violation of TC or that Data specified under 2.1 is necessary for legal proceedings related to Stufful – we will store the personal Data specified under 2.1 for 1 year following the moment we became aware of the aforementioned circumstances or for the duration of the said legal proceedings, depending on which one of these periods is longer – we will do this for the purposes of legitimate interest of Stufful (to ensure the security of our Platform)
• in case you had transactions concluded via the platform – we will store your personal Data for 13 months following the date of the transaction for the purposes of our legitimate interests (to protect our rights and interests in case a chargeback dispute is initiated against us)
• where applicable under law, for tax reporting purposes: your full name and address, the place of commencement of transportation or dispatch and destination, timing and amount of your turnover for a period of 6 years (or other period prescribed by applicable law) from the moment of relevant data collection
• all other personal Data specified in this Privacy Policy for three months from the date of deletion of your Platform account or for three months after five years of inactivity on your account (or from the moment you have been blocked in case you have violated the TC)
• in case you have been blocked for a violation of TC – your Data (email, address, IBAN, phone numbers) will be stored for 2 (two) years following the moment you have been blocked. We will do this for the purposes of legitimate interest of Stufful and our users (to ensure the security of our Platform and other users).

We may store your personal Data longer than the above mentioned periods to the extent that your personal Data is necessary for compliance with our legal obligations, in particular statutory retention periods, and for the establishment, exercise or defense of legal claims.

12. YOUR STATUTORY RIGHTS REGARDING YOUR DATA

Under statutory data protection provisions, you have the right at any time:

• to be informed of the Data we Process and to demand a copy of the data concerned ( right to be informed ). All the Data that you have actively provided for us on the Platform (2.2 to 2.6) can also be accessed by you at any time in your Platform account;
• to demand the correction of inaccurate Data and, subject to the nature of the Processing, the completion of incomplete Data ( right to rectification ). All the Data that you have actively provided us with on the Platform (2.2 to 2.6) can also be amended by you yourself at any time in your Platform account (except sent messages and any reviews);
• subject to just cause, to demand the deletion of your Data ( right to deletion );
• to demand restriction of the processing of your Data, provided the statutory criteria are met ( right to restrict processing );
• subject to the statutory criteria being met, to receive the Data you have provided in a structured, current and machine-readable form and to transfer this Data to another processor or, where technically feasible, to have it transferred by Stufful ( right to data portability ); and
• to be subject to decision-making not wholly reliant on automated Processing, unless the statutory conditions for such automated decision-making are met
• to object the processing of data – only where the processing is based on a task carried out in the public interest or in the exercise of official authority vested or legitimate interest, including profiling, based on the same data processing grounds as explained in other sections of this Privacy Policy ( right to object ).

You also have the right on exceptional grounds to opt out of the statutory Processing of your Data. Where your personal Data are Processed for direct marketing purposes, you can object to such Processing (right to object).

You further have the right to withdraw at any time any permission you have provided as part of registering for or using our services. Such withdrawal will not affect the lawfulness of Processing carried out prior to withdrawal and based on the permission granted. Where permission for cookies is concerned, you can use the deregistration and deactivation mechanisms set up for the various services (see Privacy Policy for the individual services under 8.2 and 8.4). This will result in a permanent deactivation cookie being placed in your browser, thereby signaling to us that your browser should not be subject to such data capture. Please note that, if you remove all cookies that have been placed in your browser, the deactivation cookie too will be deleted. To above process will have to be completed by you again if you use our Platform with another device or another browser.

You can withdraw your permission for the sending of our newsletter by click “Unregister” at the end of the Marketing Email.

To exercise any of the rights specified in this section, you can contact Stufful using the contact details below. Regardless of any other legal remedy, you also have the right at any time to submit a complaint to the supervisory authorities.

13. OUR CONTACT DETAILS

If you have any queries regarding the Processing of your data as part of your use of the Platform, or regarding your rights, please contact us at Stufful SIA, Parka 10, LV-2164 Adazi, Latvia, stufful@stufful.com