Privacy Policy - Shpock

Privacy Policy

Welcome to Shpock – The local way to sell and buy beautiful things!

The finderly GmbH, Donau-City-Straße 1, 1220 Vienna, Austria (hereinafter referred to as "Operator") operates websites (shpock.com and other country specific top level domains like e.g. .co.uk, .de, .at) and mobile apps (Shpock app for Android, Shpock app for iOS) (hereinafter collectively "Shpock" / "Shpock services"), under the name "Shpock". The Operator is the controller of personal data within the meaning of the General Data Protection Regulation (GDPR). The Operator decides on the purposes and means of processing personal data and is ultimately responsible for ensuring that the processing takes place in accordance with governing personal data legislation.

I Preamble

The Operator takes data privacy very seriously and wants to reveal openly and transparently how this topic is dealt with.

When Shpock is used, the Operator is provided with a set of personal data. Personal data means information which can directly or indirectly be linked to a living natural person. Examples of personal data include name, address, telephone number and email address; however, information about IP numbers and user behaviour when using the services may also constitute personal data. Below, the Operator explains to the users of Shpock (hereinafter referred to as “user” or “users”) how data, what kind of data and for what purpose data is collected and to whom this data may be shared with. Finally, the Operator informs users about their rights as well as internal rules for data storage.

This Privacy Policy is a supplement to the terms and conditions and applies to the use of the Shpock services and the utilisation of all other offered services on Shpock. The privacy policy applied refers to the policy available online at Shpock at the time of a user’s specific visit or at the time of the specific use of a Shpock service.

This privacy policy is translated from the original German version. Please note that if this privacy policy is inconsistent with the privacy policy in German, the German version prevails.

II Data collection and processing

The Operator collects data in connection with the registration of an account and also in connection with subsequent use of the Shpock services. In order to give a good overview of how the processing of personal data is carried out, the personal data has been divided into three categories based on how it is collected:

1. Data that is given to us by the user

When an account is created or activities are carried out through the framework of the account, personal information about the individual user is needed. Personal data in this category is characterised by the fact that the user actively provides the data to us by, e.g. completing a web form, reporting incidents to support, or providing us with feedback through functions created for such purposes.

To facilitate the registration for users and to reduce the threat of scammers and spammers the user has three ways of registering an account:

a. Registration via Facebook Connect:

The Operator accesses user data, which is saved in the individual’s Facebook-Profile. The user agrees to share this data with the Operator during the registration process. This permission can be revoked at Facebook at any time. Of course, the Operator does not have access to the users’ Facebook-Login data. The Operator is not liable or responsible for wrong or unauthorized data transfers from Facebook. In order to preserve a certain amount of anonymity towards other users, only the profile picture of the user, the first name and the last name abbreviated to the first letter (John D.) instead of the full name (John Doe) is shown to other users.

b. Registration via Google Sign in:

The Operator accesses user data, which is saved in the individual’s Google-Profile. The user agrees to share this data with the Operator during the registration process. This permission can be revoked at Google at any time. Of course, the Operator does not have access to the users’ Google-Login data. The Operator is not liable or responsible for wrong or unauthorized data transfers from Google. In order to preserve a certain amount of anonymity towards other users, only the profile picture of the user, the first name and the last name abbreviated to the first letter (John D.) instead of the full name (John Doe) is shown to other users.

c. Registration with E-Mail and SMS-confirmation:

The Operator hereby accesses the data of the user, which he has specified during the registration process, i.e. name, e-mail address and telephone number. The profile data given by the user must be correct, complete and must continuously be kept up-to-date. In order to preserve a certain amount of anonymity towards other users, only the profile picture of the user, the first name and the last name abbreviated to the first letter (John D.) instead of the full name (John Doe) is shown to other users.

2. Data collected when you use the Shpock services

By using the Shpock services and carrying out activities, the user provides data which is stored by the Operator in its database. This process takes place for user recognition and to ensure the delivery of the service that the user has requested. The Operator will also store information when the user contacts the Operator, for example when the user e-mails the Operator’s customer support, so that the Operator can assist the user and answer open questions. The Operator may use anonymous and aggregated data about such inquiries to improve its services.

By using the Shpock services, the Operator gathers information about individual user’s activity, e.g. which services and screens are visited within Shpock and how they are used. The collected data can be divided into the following types:

a. Technical information about the user’s device and internet connection

Through server logs and other tools the Operator records information about the user’s device and internet connection, including operating system, browser version, IP addresses, cookies and other unique identifiers. The technical information is usually processed as aggregated data in order to analyse how the Operator’s services are used. The Operator may, however, link such data to the user’s account, for instance so that the Operator can customize the Shpock-services to the User’s device.

b. Information about the use of the Shpock services

The Operator registers the user’s account activities such as logging in or out of the user account, and any purchase of products or services through the Shpock services. The Operator also stores information about a user’s visit on Shpock. The Operator uses this information, amongst other things, to prevent abuse and fraudulent activities, to improve the Shpock services and to provide users with personalised services, recommendations and informations.

c. Information about users’ location

When Shpock is used, the individual user’s location may be estimated through the IP or Geo-location detected on the individual’s device. This information is, for instance, used to show content or provide offers relevant to the user’s location. This is done to improve the Shpock services and to identify and display the location of the classified ads listed by the user. In order to avoid the identification of a user’s actual exact location, a displaced location of the seller is shown in the published classified ads.

d. Cookies and locally stored content

When the user uses the Shpock services the Operator applies various technologies in order to recognize the user. The Shpock website uses “cookies” in order to enable all functionalities of the Shpock website and to facilitate the use of the page. For instance, the Operator uses cookies so that the user does not have to log in every time he visits the Operator’s services. The Operator may also store anonymous identifiers locally on the user’s device, especially mobile devices that are incapable of using cookies. See Clause VII below for more information on cookies and anonymous identifiers.

3. Information from other sources

The Operator may from time to time receive information from other sources such as partners, ad networks and other third parties that help the Operator understand user activity and preferences. This is collected to improve the Shpock services. Examples of this include when the user creates a user account by connecting with his/her Facebook profile, and the Operator may add basic profile information. An advertising partner may also share information about what happened after the user had clicked on an ad on the Operator’s website, so that the Operator can measure the impact of an ad and provide more relevant content or advertisements. The analysis is usually carried out at an aggregated and anonymized level.

III Processing purpose

The Operator uses data of the user for the following purposes:

The Operator processes data for the purposes of (1) delivering the Shpock services; (2) improving and developing the Shpock services; (3) delivering personalised advertisements, offerings and recommendations to the users; (4) identification of market trends; (5) preventing, limiting and investigating abuse of the Shpock services.

More detailed information about purposes is available here below.

1. Delivery of the Shpock-Services

For the usage of Shpock-Services it is necessary, that the Operator identifies the users’ current location. This allows Shpock to show classified ads located close to the user and is also used when publishing classified ads by sellers. In order to avoid the identification of a user’s actual exact location, a displaced location of the seller is shown in the published classified ads.

In addition, the Operator uses other personal information to personalise a user’s account and offer a good user experience. This relates primarily to user experience in connection with registration, login, surfing between services and purchases of products and services.

2. Improvement and further development of the Shpock Services

The Operator uses information to improve its services, for instance by trying to make the registration, log in and payment processes for premium services as user-friendly as possible. This may result in, for instance, registering all steps (screen views, clicks) related to the search of a particular product in order to understand if certain elements of the process are confusing to the users or not. The analysis is usually carried out at an aggregated and anonymized level, but the Operator may also use identifiable data to provide technical support and to understand how each individual uses the Shpock services.

To improve the Shpock services and to detect and analyse errors, the Operator uses certain tracking-tools. Therefore, the Operator traces user behaviour independently as well as via third-party suppliers (e.g. Google Analytics, Firebase, Crashlytics).

The Operator may inform the user about changes to or improvements of the Shpock services by using his e-mail address or – if the user uses mobile devices - through push notifications. In addition, the user will recurrently receive the Shpock newsletter. The newsletter can be unsubscribed in the user profile or by directly clicking on the unsubscribe link within the newsletter. Push notifications can be easiliy turned off directly in the settings of the used mobile device.

3. Personalised contents, offerings and recommendations

The Operator uses information to personalise and tailor services, and to also provide the users with a content that may be relevant to them. Sometimes the Operator serves content based on the user’s explicit wishes, such as if the user opts in to receive search alerts. The Operator may also serve content and recommendations based on user activities; for instance, when the Operator recommends products based on popularity among users.

The Operator can advertise via the Shpock services and collaborates with third party providers in order to optimise the impact of the advertisement.

In order to display personalised advertisements in the Services, data such as birthday (if shared by the user), gender (if shared by the user), approximate geographic location, language, internet service provider (ISP), categories of interest, can be shared with advertising network operators such as Google, Facebook, AppNexus and other comparable providers.

If explicit user consent for such data transfer is required, consent will be collected. In this case the user consent can be withdrawn at any time in the user settings.

4. Identification of market trends

The Operator analyses data to understand market trends in order to improve, develop and customise the Shpock services. Such analysis can be made both by the Operator directly or by so called data processors, which analyse the data on behalf of the Operator (subject to strict data processing agreements that maintain data confidentiality and integrity).

5. Preventing, limiting and investigating abuse of the Shpock services

We use information to restrict various forms of abuse of the Shpock services, such as fraudulent activities, denial of service attacks, spamming, unauthorized logins and other actions that violate our Terms & Conditions, or are prohibited by law.

IV Legal Basis for data processing

If the operator processes personal user data such processing is necessary for the performance of the contractual services or for the purposes of the legitimate interests pursued by the operator.

Any further data processing not necessary for the aforementioned purposes will be only carried out if the user has given consent to the processing or if necessary for compliance with a legal obligation to which the operator is subject.

V Usage of data by third parties

For all services, that use social networking functionalities such as the Facebook-like button or the Google +1 button, please be aware, that Facebook and other suppliers of social networks can collect user data even if the user is not registered on the page or has not specifically approved the data transfer. By using popular functions such as the Facebook “Like-Button” or the Google “+1 Button” the providers of these features can draw conclusions concerning page visits and the individual user’s behaviour. Further information can be found in the terms and privacy policy of the respective supplier (amongst others http://www.google.at/intl/en/policies/privacy/, http://www.facebook.com/policy.php).

Users may prevent such data collection by logging out of social media networks before logging in to the services.

VI Transfer of data

The Operator will not share, sell, convey or otherwise disclose personal data other than as stated in this Privacy Policy, unless it is required to do so by law or the user has given his/her explicit consent to do so.

However, the operator may collaborate with service providers who process data based on corresponding data processing agreements. Service providers processing user data on behalf of the operator will only do so for the purposes as prescribed in the data processing agreement and as explicitly instructed by the operator.

Personal data may be transferred due to the following reasons:

1. Transfer of personal data within the Schibsted Media Group

Personal data may be transferred to other companies within Schibsted Media Group and companies owned wholly or partially, directly or indirectly by Schibsted ASA insofar it is relevant for achieving the purposes under this privacy policy except where the interests of the user in confidentiality prevail. Such companies may independently process personal data with the aim of personalising and improving user’s experience and/or their own products and services, in accordance with the privacy policy applicable to each specific company.

2. Disclosure of personal data to a third party

If there is suspicion of illegal activities in connection with the use of our services, information may be disclosed to the police and other public authorities subject to a court or administrative order. The Operator may share information with other third parties if they can prove an overriding interest in the identity verification of a user as well as in the determination of certain unlawful facts. Further third parties have to substantiate that the knowledge of this information is essential evidence for a prosecution act.

3. Data processors

The operator collaborates with service providers (data processors within the meaning of the GDPR) especially for displaying adverts, to analyse user behaviour and to integrate third party services. The operator enters into data processor agreements according to Article 28 GDPR with such service providers.

4. Transfer of personal data to a country outside the EU or the EEA

The Operator transfers personal data only to a third country, i.e. a country outside the EU or the EEA where there is either a decision of the European Commission on sufficient data protection standards, or there is an agreement on the EU Standard Contractual Clauses (http://ec.europa.eu/justice/data-protection/international-transfers/transfer/index_en.htm; and https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/model-contracts-transfer-personal-data-third-countries_en) or they are certified under the privacy shield (https://www.privacyshield.gov/welcome).

5. Payment via PayPal

In case the user is using the PayPal payment function within the Shpock App, the following personal data will be stored and/or shared with PayPal:

The billing details entered into the form by a seller during the check-in process will not be shared with PayPal.

The operator will save the seller’s billing details in the check-in form for the duration of the seller’s contractual relationship with the operator, to make the payment process easier for the seller. The billing address will be automatically deleted 5 years after the seller’s last use of Shpock. Invoices will be saved for up to 10 years, because it is a legal requirement in Austria.

The shipping address entered into the form by a buyer during the checkout process will be shared with PayPal with the buyer`s explicit consent, as it is a requirement to be fully covered by PayPal’s Buyer Protection. For more information on how PayPal uses the user data, please see the PayPal Privacy Policy.

The operator will save the buyer’s shipping address for the duration of your contractual relationship with the operator, to make the payment process easier for the buyer. The shipping address will be automatically deleted 5 years after the buyer’s last use of Shpock.

VII Cookies and other technologies

The Shpock website uses “cookies” in order to enable all functionalities of the Shpock website and to facilitate the use of the page. "Cookies" are small text files that allow the Operator to store specific information on the user’s PC while he/she visits the Operator’s website. A list of the cookies placed directly by the operator can be found here.

The User may disable cookies in general, restrict them from certain websites or adjust his/her browser to notify him/her about cookies. Cookies can be removed from a PCs hard disk at any time. Please note that in this case the display of the website might be restricted and that the user guidance might be limited.

VIII User Rights

1. Right to Information

The user has the right to be informed on if and what personal data of the user the operator processes and to request a copy of such data.

To exercise this right the user can log in to the Shpock account in its web version under https://www.shpock.com/ and log in to “My Shpock”. Then the user has to click on the gear wheel to open up the contextual settings menu. Inside this menu the user has to click on \'Privacy settings\'. Under these settings the user can click on the button “request data take out”. The user will be informed that the data takeout is being processed and may take up to a few days. As soon as the data takeout is ready there will be an information via e-mail. The link will be shared in the notification e-mail and in the privacy settings and will be accessible for one week as from notification for security reasons.

2. Right of rectification, restriction and deletion

The user has the right to rectification, restriction, addition or deletion of personal data.

Right of deletion may be exercised as follows:

  • App users may visit the help center which can be found under “My Shpock”. The article “How to delete my Shpock Account” contains a link to the automated account deletion process. The deletion request will be processed within 30 days at the latest. As soon as the deletion is completed the user will be informed accordingly.

  • User of the Shpock web service may find the deletion request process under the “FAQ”. The question “How to delete my Shpock account” contains a link to the automated account deletion process. The deletion request will be processed within 30 days at the latest. As soon as the deletion is completed the user will be informed accordingly.

3. Right to object

The user is in certain cases entitled to object against processing personal data concerning him and to withdraw consent where consent has been given.

The right to object may be exercised directly in the user settings under “My Shpock”.

4. Right to data portability

The user has the right to demand data portability of registration data concerning him. In order to exercise the right to data portability the user has to log in to the Shpock account in its web version under https://www.shpock.com/ and log in to “My Shpock”. Then the user has to click on the gear wheel to open up the contextual settings menu. Inside this menu the user has to click on \'Privacy settings\'.

The user can generate a data portability link containing the registration data, which can be shared with third parties.

5. Right to complaint

The user has the right to lodge a complaint with the competent supervisory authority (www.dsb.gv.at).

Our data protection officer can be reached under datenschutzbeauftragter@shpock.com.

IX Duration of storage

Personal data is kept no longer than necessary in order to be able to satisfy the purpose of the processing. Personal data is deleted or anonymized on a regular basis when it is no longer relevant for the purposes for which it has been collected. The Operator will, for example, retain personal data as long as the account has not been deleted or the user has revoked his consent according to Clause VI or as long as necessary for the provision of the Shpock services or as otherwise necessary to comply with applicable laws.

Privacy Policy Version: 2019-03-27 Finderly GmbH, Vienna, Austria

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