Privacy

Merchery SRL (“we” or “us” or “our”) respects the privacy of its users (“user” or “you” or “client”). The Privacy Policy explains how we collect, use, disclose, and safeguard the information of the client when s/he visits our website, including any other media form, media channel, mobile website, or mobile application related or connected thereto (collectively, the “Site”). Merchery advises the users to carefully read this Privacy Policy. If the client does not agree with the terms, partly or entirely, s/he should not access our Site and our Services.

Merchery reserves the right to make changes to its Privacy Policy at any time and for any reason. Merchery will alert the users about any changes by updating the “Last Updated” date of this Privacy Policy. Any changes or modifications will be effective immediately upon posting the updated Privacy Policy on the Site, and the users waive the right to receive specific notice of each such change or modification.

The users are encouraged to periodically review this Privacy Policy to stay informed of updates. The users will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Privacy Policy by his/her continued use of the Site after the date such revised Privacy Policy is posted.

Merchery may collect information about the users in a variety of ways. The information Merchery may collect on the Site includes:

2.1 Personal Data

Personally identifiable information, such as first and last name, shipping address, email address, and phone number, demographic information, such as age, gender, hometown, and interests, that the user voluntarily gives to Merchery when s/he chooses to participate in various activities related to the Site, such as online chat. The user is under no obligation to provide Merchery with personal information of any kind, however his/her refusal to do so may prevent the user from using certain features of the Site.

2.2 Communication Data

Information regarding the communication Merchery exchanges with the user when s/he uses our Site and contact us with questions, feedback, or otherwise. Merchery may register the date, the time, the contents, and other information.

2.3 Marketing Data

Information such as the user’s preferences for receiving our marketing communications, and details about the user’s engagement with them.

2.4 Derivative Data

Information our servers automatically collect when the user accesses the Site, such as the IP address, the browser type, the operating system, the access times, the pages the user has viewed directly before and after accessing the Site, the pages or screens the user viewed, how long the user spent on a page or screen, the navigation paths between pages or screens, the activity on a page or screen, the access times, and the duration of access.

2.5 Financial Data

Financial information, such as data related to the users’ payment method (e.g. valid credit card number, expiration date, billing information) and the users’ payment history that Merchery may collect when the users purchase, order, return, exchange, or request information about our services from the Site. Merchery store only very limited, if any, financial information that it collects. Otherwise, all financial information is stored by our payment processors Stripe, and the users are encouraged to review their privacy policy and contact them directly for responses to his/her questions.

2.6 Data From Social Networks

User information from social networking sites, such as Facebook, Instagram, Pinterest, Twitter, including the name, social network, username, location, gender, birth date, email address, profile picture, and public data for contacts if Merchery’s employees review them.

2.7 Device Data

Information about the users’ computer or mobile device, such as the device ID, model, version, manufacturer, screen resolution, RAM and disk size, CPU usage, device type (e.g., phone, tablet), language settings, mobile device carrier, radio/network information (e.g., WiFi, LTE, 3G), and information about the location of the users’ device.

2.8 Data From Contests, Giveaways, and Surveys

Personal and other information the users may provide when entering contests or giveaways and/or responding to surveys.

2.9 Public sources

Information from public available sources, such as social media platforms.

2.10 Marketing partners

Information from third-parties Merchery collaborates with, such as companies that have entered into joint marketing relationships with us.

Merchery uses the following tools for automatic data collection:

2.11 Cookies

Cookies are text files that websites store on a visitor‘s device to uniquely identify the visitor’s browser or to store information or settings in the browser for the purpose of helping the user navigate between pages efficiently, remembering his/her preferences, enabling functionality, helping us understand user’s activity and patterns, and facilitating online advertising.

2.12 Local storage technologies

Local storage technologies, like HTML5, provide cookie-equivalent functionality but can store larger amounts of data, including on the user’s device outside of his/her browser in connection with specific applications.

2.13 Web beacons

Web beacons, also known as pixel tags or clear GIFs, are used to demonstrate that a webpage or email was accessed or opened, or that certain content was viewed or clicked.

Merchery uses personal information for the following purposes:

3.1 Compliance and protection

• Comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities.
• Protect Merchery’s, the users’ or others’ rights, privacy, safety or property (including by making and defending legal claims).
• Audit our internal processes for compliance with legal and contractual requirements and internal policies.
• Enforce the Terms and Conditions that govern the Services.
• Prevent, identify, investigate and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyber-attacks and identity theft.

3.2 Marketing and advertising

• Direct marketing: Merchery and the companies whose services it uses for marketing purpose may send the users direct marketing communications as permitted by law. The users may opt out of our marketing communications as described below.
• Interest-based advertising: we engage our advertising partners, including third party advertising companies and social media companies, to display ads on the Services and other online services. These companies may use cookies and similar technologies to collect information about your interaction over time across the Services, our communications and other online services, and use that information to serve online ads that they think will interest you. This is called interest-based advertising. We may also share information about our users with these companies to facilitate interest-based advertising to those or similar users on other online platforms.

3.3 Services delivery

• Administer the users’ loyalty or rewards program.
• Communicate with the users about the Services, including by sending announcements, updates, security alerts, and support and administrative messages.
• Process the users’ payments and complete our transactions with them.
• Provide, operate and improve the Services.
• Provide support for the Services, and respond to the users’ requests, questions and feedback.
• Understand the users’ needs and interests, and personalize their experience with our Services and communications.

Merchery may share information it has collected about the users in certain situations. The users’ information may be disclosed as follows:

4.1 Affiliates

Merchery may share the users’ information with its affiliates, in which case Merchery will require those affiliates to honor this Privacy Policy. Affiliates include Merchery’s parent company and any subsidiaries, joint venture partners or other companies that Merchery controls or that are under its common control.

4.2 By Law or to Protect Rights

If Merchery believes the release of information about the client is necessary to respond to legal process, to investigate or remedy potential violations of Merchery’s policies, or to protect the rights, property, and safety of others, it may share users’ information as permitted or required by any applicable law, rule or regulation. This includes exchanging information with other entities for fraud protection and credit risk reduction.

4.3 Marketing Communications

With the users’ consent or with an opportunity for him/her to withdraw consent, Merchery may share his/her information with third parties for marketing purposes, as permitted by law.

4.4 Third-Party Service Providers

Merchery may share the users’ information with third-parties that perform services for us or on our behalf, including payment processing, data analysis, email delivery, hosting services, customer service, marketing assistance, products customization, products stocking and products deliveries.

Merchery is not responsible for the actions of third parties with whom the users share personal or sensitive data, and we have no authority to manage or control third-party solicitations. If the users no longer wish to receive correspondence, emails or other communications from third parties, s/he is responsible for contacting the third parties directly.

4.5 Online Postings

When the users post comments, contributions or other contents to the Site and other social media used by Merchery (e.g. Facebook, Instagram, LinkedIn), their posts may be viewed by all the users and may be publicly distributed outside the Site in perpetuity.

4.6 Other Third Parties

Merchery may share users’ information with advertisers and investors for the purpose of conducting general business analysis. Merchery may also share their information with such third parties for marketing purposes, as permitted by law.

4.7 Professional advisors

Professional advisors, such as lawyers, auditors, accountants, bankers and insurers, where necessary in the course of the professional services that they render to us.

4.8 Sale or Bankruptcy

If Merchery reorganizes or sells all or a portion of its assets, undergo a merger, or are acquired by another entity, it may transfer the users’ information to the successor entity. If Merchery goes out of business or enters bankruptcy, the users’ information would be an asset transferred or acquired by a third party. The users acknowledge that such transfers may occur and that the transferees may decline honor commitments Merchery made in this Privacy Policy.

5.1 Cookies and Web Beacons

Merchery may use cookies, web beacons, tracking pixels, and other tracking technologies on the Site to help customize the Site and improve the users’ experience. For more information on how Merchery uses cookies, the client should refer to Merchery’s Cookies Policy posted on the Site, which is incorporated into this Privacy Policy. By using the Site, the users agree to be bound by our Cookies Policy.

5.2 Internet-Based Advertising

Additionally, Merchery may use third-party software(s) implement email marketing campaigns, and manage other interactive marketing initiatives. This third-party software(s) may use cookies or similar tracking technologies to help manage and optimize the ursers’ online experience with Merchery.

5.3 Website Analytics

Merchery may also partner with selected third-party vendors, such as Google Analytics, HubSpot, and others, to allow tracking technologies and re-marketing services on the Site through the use of first party cookies and third-party cookies, to, among other things, analyze and track users’ use of the Site, determine the popularity of certain contents and better understand online activity. By accessing the Site, users consent to the collection and use of their information by these third-party vendors. The users are encouraged to review the vendors’ privacy policy and contact them directly for responses to their questions. Merchery does not transfer personal information to these third-party vendors. However, if users do not want any information to be collected and used by tracking technologies, they can visit the third-party vendor(s).

Users should be aware that getting a new computer, installing a new browser, upgrading an existing browser, or erasing or otherwise altering their browser’s cookies files may also clear certain opt-out cookies, plug-ins, or settings.

The Site may contain links to third-party websites and applications of interest, that are not affiliated with Merchery. Once the users have used these links to leave the Site, any information they provide to these third parties is not covered by this Privacy Policy, and Merchery cannot guarantee the safety and privacy of users’ information. Before visiting and providing any information to any third-party websites, users should inform themselves of the privacy policies and practices (if any) of the third parties responsible for that website, and should take those steps necessary to, in their discretion, protect the privacy of their information. Merchery is not responsible for the content or privacy and security practices and policies of any third parties, including other sites, services or applications that may be linked to or from the Site.

Merchery uses administrative, technical, and physical security measures to help protect users’ personal information. While Merchery has taken reasonable steps to secure the personal information users provide to us, the users should be aware that, despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse. Any information disclosed online is vulnerable to interception and misuse by unauthorized parties. Therefore, Merchery cannot guarantee complete security if users provide personal information.

The Services are not intended for use by children under 13 years of age. If Merchery learns that it has collected personal information through the Services from a child under 13 without the consent of the child’s parent or guardian as required by law, Merchery will delete it.

Most web browsers and some mobile operating systems include a Do-Not-Track (“DNT”) feature or setting users can activate to signal their privacy preferences not to have data about their online browsing activities monitored and collected. No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, Merchery does not currently respond to DNT browser signals or any other mechanism that automatically communicates users’ choice not to be tracked online. If a standard for online tracking is adopted that Merchery must follow in the future, it will inform users about that practice in a revised version of this Privacy Policy.

10.1 Account Information

The users may at any time review or change the information in their account or terminate their account by:

• Logging into their account settings and updating the account.
• Contacting Merchery using the contact information provided below.

Upon the users’ request to terminate their account, Merchery will deactivate or delete their accounts and information from its active databases. However, some information may be retained in Mercherys’ files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with legal requirements.

10.2 Emails and Communications

If users no longer wish to receive correspondence, emails or other communications from Merchery, they may opt-out by:

• Selecting the opt-out option in the emails users received from Merchery.
• Contacting Merchery using the contact information provided below.

If users no longer wish to receive correspondence, emails or other communications from third parties, they are responsible for contacting the third parties directly.

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits Merchery’s users who are California residents to request and obtain from Merchery, once a year and free of charge, information about categories of personal information (if any) Merchery disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which Merchery shared personal information in the immediately preceding calendar year. If the user is a California resident and would like to make such a request, s/he should submit his/her request in writing to Merchery using the contact information provided below.

If the user is under 18 years of age, resides in California, and has a registered account with the Site, s/he has the right to request removal of unwanted data that s/he publicly posts on the Site. To request removal of such data, the user should contact Merchery using the contact information provided below, and include the email address associated with his/her account and a statement that s/he resides in California. Merchery will make sure the data is not publicly displayed on the Site, but the user should be aware that the data may not be completely or comprehensively removed from Merchery’s systems.

Merchery SRL Rue de l’Automne 41 1050 Ixelles Belgium

+32 2 808 59 06 or +44 20 3966 2632

[email protected]

LAST UPDATED: November, 1st 2022