►Privacy Policy / GDPR
With the following privacy policy, we would like to inform you which types of your personal data (hereinafter also abbreviated as ” data”) we process when you purchase an item from us, contact us, or otherwise use our services through Etsy.com or its related sites and services.
This Privacy Policy does not apply to the practices of third parties that we do not own or control, including Etsy or any third-party services you access through Etsy. You can reference the Etsy Privacy Policy to learn more about its privacy practices.
►Overview of processing operations
The following table summarizes the types of data processed, the purposes for which they are processed and the concerned data subjects.
►Categories of Processed Data
• Inventory data (e.g. names, addresses).
• Content data (e.g. text input, photographs, videos).
• Contact data (e.g. e-mail, telephone numbers).
• Contract data (e.g. contract object, duration, customer category).
• Payment Data (e.g. bank details, invoices, payment history).
►Categories of Data Subjects
• Prospective customers.
• Communication partner (Recipients of e-mails, letters, etc.).
• Customers.
►Purposes of Processing
To fulfill your order, you must provide us with certain information (which you authorized Etsy to provide ), such as your name, email address, postal address, payment information, and the details of the product that you’re ordering. You may also choose to provide us with additional personal information (for a custom order of jewelry, for example), if you contact us directly.
►Legal Bases for the Processing
In the following, we inform you about the legal basis of the General Data Protection Regulation (GDPR), on the basis of which we process personal data. Please note that, in addition to the regulations of the GDPR, the national data protection regulations may apply in your country or in our country of residence or domicile.
• Consent (Article 6 (1) (a) GDPR) – The data subject has given consent to the processing of his or her personal data for one or more specific purposes.
• Performance of a contract and prior requests (Article 6 (1) (b) GDPR) – Performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract.
• Compliance with a legal obligation (Article 6 (1) (c) GDPR) – Processing is necessary for compliance with a legal obligation to which the controller is subject.
• Legitimate Interests (Article 6 (1) (f) GDPR) – Processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data.
►Security Precautions
We take appropriate technical and organizational measures in accordance with the legal requirements, taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, in order to ensure a level of security appropriate to the risk.
The measures include, in particular, safeguarding the confidentiality, integrity and availability of data by controlling physical and electronic access to the data as well as access to, input, transmission, securing and separation of the data. In addition, we have established procedures to ensure that data subjects’ rights are respected, that data is erased, and that we are prepared to respond to data threats rapidly. Furthermore, we take the protection of personal data into account as early as the development or selection of hardware, software and service providers, in accordance with the principle of privacy by design and privacy by default.
►Data Processing in Third Countries
If we process data in a third country (i.e. outside the European Union (EU), the European Economic Area (EEA)) or the processing takes place in the context of the use of third party services or disclosure or transfer of data to other persons, bodies or companies, this will only take place in accordance with the legal requirements.
►Information Sharing and Disclosure
Information about customers is important to our business. We share your personal information for very limited reasons and in limited circumstances, as follows:
Etsy: We share information with Etsy as necessary to provide you our services and comply with obligations under both the Etsy Seller Policy and Etsy Terms of Use.
If necessary to comply with a legal obligation or court order or in connection with a legal claim, such as retaining information about your purchases if required by tax law; and as necessary for the purpose of our legitimate interests, if those legitimate interests are not overridden by your rights or interests, such as 1) providing and improving our services. We use your information to provide the services you requested and in our legitimate interest to improve our services, and 2) Compliance with the Etsy Seller Policy and Terms of Use.
Service providers. We might engage certain trusted third parties to perform functions and provide services to our shop, such as delivery companies. We will share your personal information with these third parties, but only to the extent necessary to perform these services.
Business transfers. If we sell or merge our business, we may disclose your information as part of that transaction, only to the extent permitted by law.
Compliance with laws. We may collect, use, retain, and share your information if we have a good faith belief that it is reasonably necessary to: (a) respond to legal process or to government requests; (b) enforce our agreements, terms and policies; (c) prevent, investigate, and address fraud and other illegal activity, security, or technical issues; or (d) protect the rights, property, and safety of our customers, or others.
Subject to express consent or transfer required by contract or law, we process or have processed the data only in third countries with a recognized level of data protection, which includes US processors certified under the “Privacy Shield” or on the basis of special guarantees, such as a contractual obligation through so-called standard protection clauses of the EU Commission, the existence of certifications or binding internal data protection regulations (Article 44 to 49 GDPR, information page of the EU Commission: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection_en).
►Cloud Services
We use Internet-accessible software services (so-called “cloud services”, also referred to as “Software as a Service”) provided on the servers of its providers for the following purposes: document storage and administration, calendar management, e-mail delivery, spreadsheets and presentations, exchange of documents, content and information with specific recipients or publication of websites, forms or other content and information, as well as chats and participation in audio and video conferences.
Within this framework, personal data may be processed and stored on the provider’s servers insofar as this data is part of communication processes with us or is otherwise processed by us in accordance with this privacy policy. This data may include in particular master data and contact data of data subjects, data on processes, contracts, other proceedings and their contents. Cloud service providers also process usage data and metadata that they use for security and service optimization purposes.
If we use cloud services to provide documents and content to other users or publicly accessible websites, forms, etc., providers may store cookies on users’ devices for web analysis or to remember user settings (e.g. in the case of media control).
Information on legal basis – If we ask for permission to use cloud services, the legal basis for processing data is consent. Furthermore, their use can be a component of our (pre)contractual services, provided that the use of cloud services has been agreed in this context. Otherwise, user data will be processed on the basis of our legitimate interests (i.e. interest in efficient and secure administrative and collaboration processes).
Processed data types: Inventory data (e.g. names, addresses), Contact data (e.g. e-mail, telephone numbers), Content data (e.g. text input, photographs, videos), Usage data (e.g. websites visited, interest in content, access times), Meta/communication data (e.g. device information, IP addresses).
Data subjects: Customers, Employees (e.g. Employees, job applicants), Prospective customers, Communication partner (Recipients of e-mails, letters, etc.).
Purposes of Processing: Office and organizational procedures.
Legal Basis: Consent (Article 6 (1) (a) GDPR), Performance of a contract and prior requests (Article 6 (1) (b) GDPR), Legitimate Interests (Article 6 (1) (f) GDPR).
Services and service providers being used:
Google Cloud Services: Cloud storage services; Service provider: Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, , parent company: Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; Website: https://cloud.google.com/; Privacy Policy: https://www.google.com/policies/privacy, Security information: https://cloud.google.com/security/privacy; Privacy Shield (Safeguarding the level of data protection when processing data in the USA): https://www.privacyshield.gov/participant?id=a2zt0000000000001L5AAI&status=Aktive.
►Erasure of data
The data processed by us will be erased in accordance with the statutory provisions as soon as their processing is revoked or other permissions no longer apply (e.g. if the purpose of processing this data no longer applies or they are not required for the purpose).
If the data are not deleted because they are required for other and legally permissible purposes, their processing is limited to these purposes. This means that the data will be restricted and not processed for other purposes. This applies, for example, to data that must be stored for commercial or tax reasons or for which storage is necessary to assert, exercise or defend legal claims or to protect the rights of another natural or legal person.
Further information on the erasure of personal data can also be found in the individual data protection notices of this privacy policy.
►Rights of Data Subjects
As data subject, you are entitled to various rights under the GDPR, which arise in particular from Articles 15 to 18 and 21 of the GDPR:
• Right to Object: You have the right, on grounds arising from your particular situation, to object at any time to the processing of your personal data which is based on point (e) or (f) of Article 6(1) GDPR , including profiling based on those provisions. Where personal data are processed for direct marketing purposes, you have the right to object at any time to the processing of the personal data concerning you for the purpose of such marketing, which includes profiling to the extent that it is related to such direct marketing. You also have the right to object to the processing of personal data concerning you for scientific or historical research purposes or for statistical purposes pursuant to Article 89 (1) GDPR on grounds arising from your particular situation.
• Right of withdrawal for consents: You have the right to revoke consents at any time.
• Right of access: You have the right to request confirmation as to whether the data in question will be processed and to be informed of this data and to receive further information and a copy of the data in accordance with the provisions of the law.
• Right to rectification: You have the right, in accordance with the law, to request the completion of the data concerning you or the rectification of the incorrect data concerning you.
• Right to Erasure and Right to Restriction of Processing: In accordance with the statutory provisions, you have the right to demand that the relevant data be erased immediately or, alternatively, to demand that the processing of the data be restricted in accordance with the statutory provisions.
• Right to data portability: You have the right to receive data concerning you which you have provided to us in a structured, common and machine-readable format in accordance with the legal requirements, or to request its transmission to another controller.
• Complaint to the supervisory authority: You also have the right, under the conditions laid down by law, to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the GDPR.
►Controller
Artcue Ltd
Tepeleniou 13
8010 Paphos
Cyprus
E-Mail: legal@artcue.com
