Michael O'Brien is based in the United Kingdom and has been selling jewellery on Etsy since 2014. He sells mainly to buyers in the UK, France, Germany, and Italy, but offers his items for sale world-wide. In the past six months, Michael’s business has started to take off, and he recently started using a third-party delivery provider to help fulfill his orders. He uses Google Cloud to host some of his buyers’ personal information.
The UK and EU GDPR require that Michael provide certain information to his buyers in his privacy policy, including:
The personal information he collects;
The legal bases he relies on to collect, use, and share personal information;
The third parties with whom he shares personal information;
The length of time he keeps personal information;
If he’s transferring personal information outside of the UK or Europe (for example, if he uses a third-party provider located outside of the UK, or uses Google Cloud to host some of his buyers’ information), how the transfer will be handled;
His buyers’ rights regarding his use of their personal information; and
How his buyers can contact him with privacy-related requests.
Based on these requirements, here’s how Michael might introduce his privacy policy to his buyers:
This Privacy Policy describes how and when I collect, use, and share information when you purchase an item from me, contact me, or otherwise use my services through Etsy.com or its related sites and services.
This Privacy Policy does not apply to the practices of third parties that I 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.
Michael should then go on to include information on the following:
1. Personal information he collects
Michael should go on to explain what information he collects from buyers, why he needs the information, how he uses it to fulfil orders, the third parties with whom he 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 me with certain information (which you authorised Etsy to provide to me), 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 me with additional personal information (for a custom order of jewellery, for example), if you contact me directly.
2. The legal bases he relies on to collect, use, and share personal information
The law 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, Michael 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
I rely on a number of legal bases to collect, use, and share your information, including:
As needed to provide my services, such as when I 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 my 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 my legitimate interests, if those legitimate interests are not overridden by your rights or interests, such as:
Providing and improving my services. I use your information to provide the services you requested and in my legitimate interest to improve my services; and
Compliance with the Etsy Seller Policy and Terms of Use. I use your information as necessary to comply with my obligations under the Etsy Seller Policy and Terms of Use.
3. The third parties with whom he shares personal information
You must disclose the details of any personal information you share with third parties. Michael should explain to his buyers why, when, and with whom he may share buyers’ personal information. For example:
Information Sharing and Disclosure
Information about my customers is important to my business. I share your personal information for very limited reasons and in limited circumstances, as follows:
Etsy: I 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: I engage certain trusted third parties to perform functions and provide services to my shop, such as delivery companies. I will share your personal information with these third parties, but only to the extent necessary to perform these services.
Business transfers: 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 laws: I may collect, use, retain, and share your information if I 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
You must disclose the period of time during which you will store personal information. Michael should consider how long he needs to retain information for business purposes and to comply with any legal or tax obligations (such as HMRC requirements in the UK), and keep in mind that data shouldn't be kept for any longer than necessary. For example:
Data Retention
I retain your personal information only for as long as necessary to provide you with my services and as described in my Privacy Policy. However, I may also be required to retain this information to comply with my legal and regulatory obligations, to resolve disputes, and to enforce my agreements. I generally keep your data for the following time period: 4 years.
5. If transferring personal information outside of the UK or Europe, how the transfer will be handled
Because Michael is based in the UK and uses US-based cloud hosting services like Google Cloud, he transfers data outside of the UK. He should explain the legal protection relied upon for this transfer—specifically, the UK-US Data Bridge framework. For example:
Transfers of Personal Information Outside the UK and 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 with different data protection and government surveillance laws than your jurisdiction. When transferring information outside of the UK to the United States, I rely on the UK-US Data Bridge (the UK Extension to the EU-US Data Privacy Framework) as the legal basis for the transfer, as my cloud service providers are certified under this framework.
6. His buyers’ rights regarding his use of their personal information and his contact details
Michael should finish by explaining to his buyers their rights regarding the information they provide to him on Etsy, provide his contact details, and state that he is the data controller. For example:
Your Rights
If you reside in certain territories, including the UK and 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. I describe these rights below:
Access: You may have the right to access and receive a copy of the personal information I hold about you by contacting me using the contact information below.
Change, restrict, delete: You may also have rights to change, restrict my use of, or delete your personal information. Absent exceptional circumstances (like where I am required to store data for legal reasons) I will generally delete your personal information upon request.
Object:
You can object to (i) my processing of some of your information based on my legitimate interests and (ii) receiving marketing messages from me after providing your express consent to receive them. In such cases, I will delete your personal information unless I have compelling and legitimate grounds to continue using that information or if it is needed for legal reasons.
Complain: If you reside in the UK or EU and wish to raise a concern about my 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 (the Information Commission in the UK).
How to Contact Me
For purposes of data protection law, I, Michael O'Brien, am the data controller of your personal information. If you have any questions or concerns, you may contact me at purposeandprintuk@gmail.com
