ORTOGONALE is based in Italy and has been selling jewellery, tableware and homeware on Etsy since 2015. It sells mainly to buyers in France, Germany, USA, and Italy, but offers its items for sale world-wide. In the past six months, ORTOGONALE’s business has started to take off, and it recently started using a third-party delivery provider to help fulfill its orders. It uses Google Cloud to host some of its buyers’ personal information.
The GDPR requires that ORTOGONALE provide certain information to its buyers in its privacy policy, including:
the personal information he collects;
the legal bases it relies on to collect, use, and share personal information;
the third parties with whom it shares personal information;
the length of time it keeps personal information;
if it’s transferring personal information outside of Europe (for example, if it moves his business to the United States and continues to sell to buyers in Europe, or uses a third party provider located outside of Europe, or uses Google Cloud to host some of its buyers’ information), how the transfer will be handled;
its buyers’ rights regarding its use of their personal information; and
how its buyers can contact it with privacy-related requests.
Visit this EU GDPR help site and read Articles 13 and 14 for more details on the information that must be included in your privacy policy to comply with the GDPR.
Based on GDPR requirements, here’s how ORTOGONALE might introduce its privacy policy to its buyers:
This Privacy Policy describes how and when we collect, use, and share information 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. ORTOGONALE should then go on to include information on the following:
1. Personal information he collects
ORTOGONALE should go on to explain what information it collects from buyers, why it needs the information, how it uses it to fulfil orders, the third parties with whom it shares the information, and the length of time he keeps the information. Here's an example:
Information I Collect
To fulfil your order, you must provide us with certain information (which you authorised Etsy to provide to us), 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 jewellery, for example), if you contact us directly.
2. The legal bases he relies on to collect, use, and share personal information
The GDPR requires that you explain the legal bases you rely on to collect, use, and share personal information. The legal bases may include a buyer’s affirmative consent to receive marketing messages, compliance with legal obligations, and a seller’s use of the personal information in their legitimate interests (improving their services, for example). Throughout his privacy policy, ORTOGONALE should be as clear as possible about where and why he's relying on these different legal bases. For example:
Why I Need Your Information and How I Use It
We rely on a number of legal bases to collect, use, and share your information, including:
as needed to provide our services, such as when we use your information to fulfil your order, to settle disputes, or to provide customer support;
when you have provided your affirmative consent, which you may revoke at any time, such as by signing up for our mailing list;
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. We use your information as necessary to comply with our obligations under the Etsy Seller Policy and Terms of Use.
3. The third parties with whom he shares personal information
The GDPR requires that you disclose the details of any personal information you share with third parties. ORTOGONALE should explain to his buyers why, when, and with whom he may share buyers’ personal information. For example:
Information Sharing and Disclosure
Information about our 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 my services and comply with my obligations under both the Etsy Seller Policy and Etsy Terms of Use.
Service providers. We 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 my 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 my 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 my customers, or others.
4. The length of time he keeps personal information
The GDPR requires you to disclose the period of time during which you will store personal information. ORTOGONALE should consider how long he needs to retain information for business purposes and to comply with any legal or tax obligations, and keep in mind that data shouldn't be kept for any longer than necessary. For example:
Data Retention
We retain your personal information only for as long as necessary to provide you with our services and as described in my Privacy Policy. However, we may also be required to retain this information to comply with our legal and regulatory obligations, to resolve disputes, and to enforce our agreements. we generally keep your data for the following time period: 4 years.
5. If transferring personal information outside of Europe, how the transfer will be handled
GDPR requires you to disclose if you transfer personal information outside of the EU and the legal bases you rely on to do so, such as consent and contractual necessity. ORTOGONALE uses Google Cloud, which is Privacy Shield certified, so he should explain to his buyers that he relies on Privacy Shield as the legal basis for the transfer of his buyers’ personal information outside of the EU. For example:
Transfers of Personal Information Outside the EU
We may store and process your information through third-party hosting services in the US and other jurisdictions. As a result, we may transfer your personal information to a jurisdiction with different data protection and government surveillance laws than your jurisdiction. If we am deemed to transfer information about you outside of the EU, we rely on Privacy Shield as the legal basis for the transfer, as Google Cloud is Privacy Shield certified.
6. His buyers’ rights regarding his use of their personal information and his contact details
Based on GDPR requirements, ORTOGONALE should finish by explaining to his buyers their rights regarding the information they provide to him on Etsy. ORTOGONALE should also provide its contact details and explain to its buyers that it is the data controller of their personal information. For example:
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 apply generally, certain rights apply only in certain limited cases. We describe these rights below:
Access. You may have the right to access and receive a copy of the personal information we hold about you by contacting us using the contact information below.
Change, restrict, delete. You may also have rights to change, restrict our use of, or delete your personal information. Absent exceptional circumstances (like where we am required to store data for legal reasons) we will generally delete your personal information upon request.
Object. You can object to (i) our processing of some of your information based on our legitimate interests and (ii) receiving marketing messages from us after providing your express consent to receive them. In such cases, we will delete your personal information unless we have compelling and legitimate grounds to continue using that information or if it is needed for legal reasons.
Complain. If you reside in the EU and wish to raise a concern about our use of your information (and without prejudice to any other rights you may have), you have the right to do so with your local data protection authority.
How to Contact Us
For purposes of EU data protection law, we, ORTOGONALE, am the data controller of your personal information. If you have any questions or concerns, you may contact US at info@ortogonale.com. Alternately, you may mail us at:
ORTOGONALE Via Stefano Melina 34, 83040 Carife (Av), Italia
