This privacy policy describes how and when I collect, use and share information when you buy an item from me, contact me, or use my services through Etsy.com or its related websites and services.
This privacy policy does not apply to the practices of third parties that I do not own or control, including Etsy and any of the external services you access through Etsy. You can review Etsy's privacy policy to learn more about their privacy practices. Afterwards, Carlos should include information on the following:
1. The personal information you collect
Carlos must explain what information he collects from buyers, why he needs this information, how he uses it to send orders, who are the third parties with whom he shares this information and the period of time for which he keeps it. This is an example:
The information I collect
In order for my order to be shipped to you, you must provide me with certain information that you have already authorized Etsy to provide. This information includes your name, email address, postal address, payment details and the details of the product you have ordered. You can also provide me with other personal information (for a custom jewelry order, for example), by contacting me directly.
2. The legal bases on which it is based to collect, use and share personal information
The GDPR requires you to explain the legal bases on which you rely to collect, use and share personal information. These may include the buyer's consent to receive marketing messages, compliance with legal obligations, and the seller's use of personal information for its legitimate interest (such as improving services). Throughout his privacy policy, Carlos should be as clear as possible about where and why he relies on these legal bases. For instance:
Why do I need your information and how do I use it?
I rely on certain legal bases to collect, use and share your information, including:
• as necessary to provide my services, such as when I use your information to submit your order, to resolve a dispute, or to provide customer support.
• when you have provided your consent, which you can revoke at any time, such as signing up for my mailing list;
• if it is necessary to comply with a legal obligation or court order or in connection with a legal action, such as withholding information about your purchases if required by tax law; and
• as necessary for the purposes of my legitimate interests, if your rights or interests do not override them, such as 1) providing and improving my services. I use your information to provide the services you have requested in my legitimate interest to improve my services; and 2) comply with the Etsy Sellers Policy and Terms of Use I use your information as necessary to fulfill my obligations regarding the Etsy Sellers Policy and Terms of Use.
3. Third parties with whom you share personal information
The GDPR states that you must disclose the details of the personal information that you share with third parties. Carlos must explain to his buyers why, when and with whom he can share buyers' personal information. For instance:
Sharing the information and information displayed
Information about my clients is important to my business. I only share your personal information for very specific reasons and circumstances, such as:
• Etsy. I share information with Etsy as necessary to provide my services and to comply with the obligations set forth in the Etsy Sellers Policy and Terms of Use.
• Service providers. We work with certain trusted third parties to perform functions and provide services for my store, such as shipping companies. I will share your personal information with these third parties, but only to the extent necessary to perform these services.
• Changes in the business. If I sell or merge my business, I may disclose your information as part of that transaction only to the extent permitted by law.
• Compliance with the law. I may collect, use, retain and share your information if I believe in good faith that it is reasonably necessary to: (a) respond to legal proceedings or government requests; (b) enforce my contracts, conditions and policies; (c) prevent, investigate and address fraud and other illegal activity, security or technical problems; or (d) protect the rights, property, and safety of my clients and others;
4. The period of time for which you keep personal information
The GDPR requires you to disclose the period of time for which you will store personal information. Carlos must think about how long he needs to keep the information for his business purposes and to comply with legal or tax obligations. Also, you should be aware that you cannot keep it for longer than necessary. For instance:
Data retention
I keep your personal information only for the time strictly necessary to provide you with my services and as described in the privacy policy. However, I may also need to retain this information to comply with my legal and regulatory obligations, to resolve disputes, and to enforce my contracts. Generally, I keep your data for the following period: 4 years.
5. If personal information is being transferred outside of Europe, how the process will be managed
The GDPR requires you to disclose if you transfer personal information outside the EU and the legal bases on which you rely for it, such as consent and contractual requirement. Carlos uses Google Cloud, which has a Privacy Shield certificate. Therefore, you should explain to your buyers that you are relying on the Privacy Shield framework as the legal basis for the transfer of your buyers' personal information outside the EU. For instance:
Transfers of personal information outside the EU
I may store and process your information through third-party hosting services in the US and other jurisdictions. As a result, I may transfer your personal information to a jurisdiction that has different government surveillance and data protection laws than your jurisdiction. If I am going to transfer information about you outside the EU, I rely on the Privacy Shield framework as the legal basis for the process, as Google Cloud is certified as such.
6. The rights of your buyers in relation to their use of personal information and contact details
In accordance with the requirements of the GDPR, Carlos must conclude by explaining to his buyers their rights regarding the information they provide him on Etsy. Carlos must also provide his contact details and explain to his buyers that he is the one who controls this personal data. For instance:
Your rights.
If you reside in certain territories, including the EU, you have a number of rights in relation to your personal information. While some of these rights are of general application, others apply only in specific cases. I describe those rights below:
• Access. You have the right to access and receive a copy of the personal information that I have about you. To do this, contact me as indicated below.
• Change, restrict, delete. You may also have rights to change and delete your personal information, as well as to restrict my use of it. Except in the case of exceptional circumstances (such as my obligation to store data for legal reasons), I will generally delete your personal information if you request it.
• Objections. You can object to (i) processing some of your information based on my legitimate interests and (ii) sending you marketing messages after providing your express consent to receive them. In these cases, I will delete your personal information unless I have compelling and legitimate reasons to continue using that information or if it is necessary for legal reasons.
• Complaints. If you reside in the EU and want to raise concerns about my use of your information (and without prejudice to any other rights you may have), you have the right to do so with the appropriate local data protection authority.
Contact
For the purposes of EU data protection law, I, Carlos Veliz, am the data controller of your personal information. If you have questions, you can contact me at the address admin@pixelsolucionesgraficas.ar.
