Last Updated: July 18th, 2024
Openfair understands you care about how your personal information is used and shared, and we take your privacy seriously. Please read the following to learn more about our privacy practices. By using or accessing the Services in any manner, you acknowledge that you accept the practices and policies outlined in this Privacy Policy, and that we will collect, use, and share your information in the following ways.
Remember that your use of Openfair’s Services is subject to the Terms of Service, which incorporates this Privacy Policy. Any terms we use in this Policy without defining them have the definitions given to them in the Terms of Service.
What does this Privacy Policy cover?
This Privacy Policy applies to Openfair.co, and all other websites, applications, widgets, products, services, and other offerings (collectively, the “Services”) owned and operated by Openfair Inc. and our affiliates and subsidiaries (collectively, “OpenFair”) that link to this Privacy Policy. This Policy covers our treatment of the personal information we gather through use of our Services.
Openfair Inc. (2261 Market Street STE 5908, San Francisco, CA 94114, United States) is the data controller for the personal information collected in connection with use of Openfair’s services in the European Economic Area (“EEA”) and the United Kingdom. Openfair Inc. (2261 Market Street STE 5908, San Francisco, CA 94114, United States) is the data controller for the personal information collected in connection with use of OpenFair’s services elsewhere.
What Information does Openfair Collect?
We collect information about your use of our Services. We also gather various types of personal information, as explained in more detail below.
Information You Provide to Us:
We receive and store any information you knowingly provide to us. If you create an account or place an order with us, we may collect personal information such as:
Sellers:
When you register as a Seller with Openfair, we will collect your first and last name, email address, phone number, business address, website, store name, store address, years you have been in business, and projected sales figures.
If you place an order to purchase goods from Buyers through Openfair, we will also collect information to facilitate that order, such as your shipping address, Tax Identification Number, and payment information.
In some cases, we may request additional information to validate your business, such as photos of your store or your social media profiles. In some cases, we may request information such as your tax identifier or other government issued numbers or financial or lease records to establish your account limits.
Buyers:
When you register as a Buyer with Openfair, we will collect your first and last name, business name, website, address, phone number, and information about your business such as the primary category of products you provide, the countries you operate in, and your social media profiles.
If you are accepted as a Buyer for Openfair, we may ask for additional information to build out your profile such as your profile photo, wholesale pricing and order requirements, and years you have been established.
When you receive an order through Openfair, we will collect information to facilitate that order, such as your Tax Identification Number, tax class, and bank account information so we can pay you.
Optionally, you may choose to provide information about your existing customers to refer to Openfair, such as their name, store name, and email address.
Using the Services
When you browse and use our Services, we collect information about the items you browse, show interest in, and buy. Some of our Services allow you to create audio-visual content, which will be streamed live to other Openfair users. These Services will access the camera and/or microphone on your device and record your image and voice.
Communication with Us
We collect personal information from you when you communicate with us, for example when you request information about our services, contact our Support team, apply for a job, or register for our newsletter.
Surveys, Sweepstakes, and Contests
We may ask you to participate in optional surveys, where you may be asked to provide personal information.
Additionally, we may conduct sweepstakes or contests where you may be asked to provide personal information. This information may be used to contact you about the sweepstakes or contest, and for other promotional and marketing purposes, as permitted by law. Additionally, note that some jurisdictions require us to publicly share information about sweepstakes and contest winners.
Forums and Social Media
Our Services may provide forums, blogs, social media pages, or other channels where individuals may review purchases, talk about their experience using our Services, or “like” or “share” content to social media. Note that content provided for and posted in these channels, including by you, is public and that the processing of your information might be subject to the policies and notices of third parties that make such channels available.
Information Collected Automatically
Whenever you interact with our Services, we automatically receive and record information on our server logs from your browser or device, which may include your IP address, geolocation data, device identification, the type of browser and/or device you’re using to access our Services, and the page or feature you requested.
Additionally, we, as well as third parties that provide content, advertising, or other functionality on our Services, may use cookies, pixel tags, local storage, and other technologies to collect information automatically through our Services.
These technologies are small data files that we transfer to your browser or device that allows us to provide and enhance our Services. You may be able to change the preferences on your browser or device to prevent or limit your device’s acceptance of these technologies, but this may prevent you from taking advantage of some of our features.
Please refer to the section ‘Automatic Collection Technologies’ as well as our dedicated Cookie Notice for more information on how we use cookies and similar automatic collection technologies when providing our Services.
Analytics
We may use analytics service providers, including Google Analytics, to collect information regarding visitors to our Services, such as their behavior on our Services or information about their demographic. For more information about Google Analytics, see https://www.google.com/policies/privacy/partners/. To opt out of Google Analytics, visit https://tools.google.com/dlpage/gaoptout.
Do-Not-Track
Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and across different websites. At this time, we do not respond to nor honor Do-Not-Track signals from web browsers.
Information Collected from Third Parties
We may collect information about you through a referral program, such as when a Openfair Seller or Buyer refers one of their existing customers, leads, or partners to Openfair. If you have been referred to Openfair but wish to opt out of emails from us, please contact us as explained below.
If you access our Services through a third party or social networking site, we may collect information about you from that third-party application if that information has been made public via your privacy settings with that third party. For example, if you register for Openfair with Facebook, we may collect your name, profile ID, location, gender, profile picture, and list of your friends.
We may receive information about you from other sources, including to supplement the information we have collected about you. In some circumstances, we may receive payment performance information to evaluate your eligibility for extended payment terms (such as Net 60).
We may offer third-party integrations. If you choose to integrate third-party applications with Openfair, we will collect personal information as part of that integration. Because each third-party service you may choose to integrate collects different personal information, the detail in which information will be collected will be explained during the integration setup process. For more information on integrations, please contact us as described below.
With your explicit consent, Openfair uses Plaid Technologies, Inc. ("Plaid") to gather data from financial institutions. By using our Services, you grant Openfair and Plaid the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institution. You agree to your personal and financial information being transferred, stored, and processed by Plaid in accordance with the Plaid Privacy Policy.
How Does Openfair Use the Personal Information It Collects?
We use the information we collect about you for various business purposes as described below.
To provide you with our Services
For our legitimate business interests
To comply with our legal obligations
We retain and use your information in connection with potential legal claims, and for compliance, regulatory and auditing purposes. For example, we retain information where we are required by law, or if we are compelled to do so by a court order or regulatory body. Also, when you exercise any applicable legal rights you have to access, amend or delete your personal information, we may request identification and verification documents from you for the purpose of confirming your identity.
With your consent
Openfair may collect and use personal information based with your consent. You can revoke your consent at any time (either through our Services directly or by contacting us via support@openfair.co), though note that you might not be able to use any service or feature that requires collection or use of that personal information.
In exceptional cases we may further process your personal information to protect your vital interests or as further required for the public good.
De-Identified and Aggregated Information
We use personal information to create de-identified, aggregated information such as: information about demographics, de-identified location information, information about devices used to access our Services, and de-identified, aggregate information on transactions on our Services that help our users understand and optimize sales.
Automatic Collection Technologies
Our use of automatic collection technologies such as cookies, pixel tags, and local storage objects (together “Cookies”) fall into the following general categories:
Third-Party Websites
We may offer links to third-party websites or Services, which are not controlled by us and not subject to the protections laid out in this Privacy Policy. We do not endorse nor approve any third-party website and we encourage our users to read the Privacy Policy of each service they interact with.
APIs and SDKs
We may use third-party APIs and software development kits (“SDKs”), which may allow third parties to collect personal information about you for various purposes, such as to conduct analytics, verify your business when you register with Openfair as a Seller or Buyer, provide customized content, or otherwise streamline the Services. For more information about our use of APIs and SDKs, contact us as described below.
Will Openfair Share Any of the Personal Information It Receives?
We do not rent nor sell your personal information in personally identifiable form to anyone, except as expressly provided below.
We have not sold personal information for valuable consideration in the last 12 months. For a list of categories of personal information we have shared with third parties for a business purpose in the last 12 months, please request a copy by emailing support@openfair.co
We may share your personal information with third parties as described in this section:
When You Request That We Share Your Information: We may offer Services, features, or promotions that involve sharing your information with a third party or with other Openfair users. If you request or agree to have your information shared with a third party as part of a feature or Service, we will share that information at your request.
If we extend you payment terms (such as Net 60), we may share aggregated payment performance information with third-party service providers that report on payment performance to Openfair and other businesses.
De-Identified Information: We may provide de-identified or aggregate information to our partners, including usage information to help our partners understand how often and in what ways people use our Services, so that they, too, can provide you with an optimal online experience. Before we share this information, we take reasonable efforts aligned with industry best practices to ensure that this information cannot identify you.
Advertising on the Openfair Platform: We may allow advertisers and/or merchant partners (“Advertisers”) to choose the demographic information of users who will see their advertisements and/or promotional offers. You agree that we may provide any of the information we have collected from you in non-personally identifiable form to an Advertiser, in order for that Advertiser to select the appropriate audience for those advertisements and/or offers. For example, we might use the fact you are located in San Francisco to show you ads or offers for San Francisco businesses, but we will not tell such businesses who you are. Or, we might allow Advertisers to display their ads to users with similar usage patterns to yours, but we will not disclose usage information to Advertisers except in aggregate form, and not in a manner that would identify you personally. Note that if an advertiser asks us to show an ad to a certain audience or audience segment and you respond to that ad, the advertiser may conclude that you fit the description of the audience they were trying to reach.
Advertising outside the Openfair Platform: We may use personal information to help us deliver targeted advertising and to measure the effectiveness of advertising.
Affiliates: We may share your information with our affiliated companies.
Service Providers: We employ service providers to perform tasks on our behalf, and we need to share your information with them in order to provide products or services to you; for example, we may use a payment processing company to receive and process any credit card transactions for us.
User Profiles and Submissions: Certain user profile information, including your name, location, and any video or image content that such user has uploaded to the Services, may be displayed to other users to facilitate user interaction within the Services or address your request for our services. Your account privacy settings may allow you to limit the other users who can see the personal information in your user profile and/or what information in your user profile is visible to others. Please remember that any content you upload to your public user profile, along with any personal information or content that you voluntarily disclose online in a manner other users can view (on discussion boards, in messages and chat areas, etc.) becomes publicly available, and can be collected and used by anyone. Your user name may also be displayed to other users if you send messages or comments or upload images or videos through the Services and other users can contact you through messages and comments.
Business Transfers: We may choose to buy or sell assets, and may share and/or transfer customer information in connection with the evaluation of and entry into such transactions. Also, if we (or our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, personal information could be one of the assets transferred to or acquired by a third party.
Protection of Company and Others: We reserve the right to access, read, preserve, and disclose any information that we reasonably believe is necessary to comply with law or court order; enforce or apply our Terms of Use and other agreements; or protect the rights, property, or safety of Company, our employees, our users, or others.
International Data Transfers: We may transfer information about you anywhere in the world, including transferring information we collect about you to recipients outside of the EEA or the United Kingdom, including to the United States where our global headquarters are located. These countries may not have the same data protection laws as the country in which you initially provided the information. When we transfer or disclose your personal information to other countries, we will protect that information as described in this Policy.
We comply with applicable legal requirements providing adequate safeguards for the transfer of personal information to countries other than the country where you are located. We may transfer personal information to countries for which Adequacy Decisions have been issued, use contractual protections for the transfer of personal information, such as the European Commission's Standard Contractual Clauses, a vendor's Binding Corporate Rules or by relying on such other data transfer mechanisms as available under applicable data protection laws, and where necessary, by implementing further organisational, contractual and technical supplement measures in order to ensure the effectiveness of the transfer mechanisms. You may contact us as specified in the sections below to obtain a copy of the safeguards we use to transfer Personal Information outside of the EEA or the United Kingdom.
Children’s Information
As noted in the Terms of Service, we do not knowingly collect nor solicit personal information from anyone under the age of 18. If you are under 18, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn that we have collected personal information from a child under age 18, we will delete that information as quickly as possible. If you believe that a child under 18 may have provided us with personal information, please contact us as described below.
Is Personal Information About Me Secure?
You must prevent unauthorized access to your account and personal information by selecting and protecting your password appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account.
We endeavor to protect the privacy of your account and other personal information we hold in our records, but unfortunately, we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.
What Are My Privacy Rights and Choices?
You can always opt not to disclose information to us, but keep in mind some information may be needed to register with us, use our Services or to take advantage of some of our features.
Opting Out of Communications: If you no longer wish to receive electronic communications from us, click the unsubscribe link at the bottom of the email or follow opt-out instructions provided in other communication channels. Note you may still receive transactional emails from us. We process requests to be placed on do-not-mail and do-not-call lists as required by applicable law.
Opting Out of Cookies and Advertising: You may stop or restrict the placement of cookies on your device or remove them as your browser or device permits. Visit www.networkadvertising.org/managing/opt_out.asp, www.youronlinechoices.eu, www.youradchoices.ca/choices, and www.aboutads.info/choices/ to learn more about the choices available to opt out of cookies and advertising.
Updating Your Account Information: Through your account settings, you may access, and, in some cases, edit or delete the following information you have provided to us:
The information you can view, update, and delete may change as the Services change. If you have any questions about viewing or updating information we have on file about you, please contact us as described below.
Subject to the requirements of applicable law, you may also have privacy rights including:
If you would like to exercise any of these rights, please contact us as described below. We will process your request in the time and manner required by law. To protect your privacy, we may take steps to verify your identity before fulfilling your request, such as by asking you to log in to your Openfair account or confirm your email address. You have the right not to receive discriminatory treatment for the exercise of your privacy rights. The rights above may be limited in some circumstances, for example if fulfilling your request would reveal personal information about another person, where they would infringe the rights of a third party (including our rights) or if you ask us to delete information which we are required by law to keep or have compelling legitimate interests in keeping. We will inform you of relevant exemptions we rely upon when responding to your request.
If you wish to designate an authorized agent to make a privacy request for you, please email us from the email address associated with your Openfair account and inform us of this designation, along with the designated agent’s name and email address.
If you have questions about your data rights, contact us as described below. In the event you have unresolved concerns, you also have the right to contact your local data protection authority.
Financial Incentives
We may offer referral programs that include financial incentives. To participate in these referral programs, you may be asked to provide information regarding customers, colleagues, leads, or other third parties, such as their name, store name, and email address. They and/or you will receive rewards such as reduced commissions and/or fees, cash, or promotional credit to spend on the Openfair marketplace if they sign up to use our Services. These referral programs are entirely voluntary. The value of data received in referral programs depends on whether, how, and how often the referred party uses the Services. If you wish to withdraw from an incentive program, please contact us as described below.
Data Retention
We store personal information for as long as you use our Services or as may be necessary to fulfill the purposes for which the information was collected, provide our Services, resolve disputes or establish legal defenses, enforce our Terms or other agreements, engage in audits, protect our Services, prevent fraud, comply with the law, or for legitimate business purposes.
Accessibility
This Privacy Policy webpage uses industry-standard technologies and was developed inline with the World Wide Web Consortium’s Web Content Accessibility Guidelines (v. 2.1). If you wish to print this Policy, you may do so from your web browser or by saving the page as a PDF.
Will Openfair Change this Privacy Policy?
We’re constantly trying to improve our Services, so we may need to change this Privacy Policy from time to time as well, but we will alert you to material changes by placing a notice on the https://www.openfair.co website, by sending you an email, and/or by some other means.
By using the Services after any changes to the Privacy Policy have been posted, you agree to the new Privacy Policy.
What if I have questions about this policy?
If you have any questions or concerns regarding our privacy policies, please contact us at support@openfair.co or by regular mail via:
For the USA, Canada and Rest of the World
Openfair Inc.
2261 Market Street STE 5908
San Francisco, CA 94114
United States
For the EEA and the United Kingdom
Openfair Inc.
2261 Market Street STE 5908
San Francisco, CA 94114
United States
