PRIVACY POLICY

Last updated: November 22, 2023

This Privacy Policy describes our (“RSD MRKT”, “we” or “us”) policies and procedures on the collection, use and disclosure of your information when you use the Services and tells you about your privacy rights and how the applicable laws protect your rights. This Privacy Policy does not apply to Personal Data (i) collected by or through any third party, or (ii) you independently disclose to other users of the Service.

We use your Personal Data to provide and improve the Services. By using the Services, you agree to the collection and use of information in accordance with this Privacy Policy. You understand that your Personal Information will be processed by us and our Service Providers in the U.S. or any other country, where our Service Providers operate outside the U.S. If you do not agree to all the terms and conditions of the Agreement, then you may not access the Services or use any of the Services. By accessing and/or using the Services, you consent to the terms and conditions set out in this Privacy Policy.

If you are using the Services on behalf of a company, you accept and agree to be bound by this Privacy Policy and the Agreement on behalf of such company and represent and warrant to us that you have the right to so bind the company. Reference to “you” herein shall be to both you personally and the company you represent.

This Privacy Policy is subject to change from time to time. You can review the most current version at any time on this page. The “Last updated” date shall be clearly marked at the top of this Privacy Policy. We reserve the right to update, change or replace any part of this Privacy Policy by posting updates and/or changes on the Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.

If you reside in California, you may have additional data rights. Please refer to the “California Privacy Notice” section below.

1. Definitions.

For the purposes of this Privacy Policy:

"Affiliate(s)" of a Party means any individual, group or entity that, directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with, such Party. For purposes of this definition, the “control” of an entity means the direct or indirect ownership or control of more than 50% of the voting interests of such entity.

"Agreement" means all terms, guidelines and policies published on the Website, including our Terms of Service and this Privacy Policy.

"Company" (referred to herein as either the "Company", "we", "us" or "our") means RSD MRKT LLC. For the purpose of the GDPR (General Data Protection Regulation), the Company is the Data Controller.

"Data Controller" means the Company as the legal person which alone or jointly with others determines the purpose and means of the processing of Personal Data. For the purposes of the GDPR, Data Controller means the Company as the legal person which alone or jointly with others determines the purposes and means of the processing of Personal Data of an individual accessing and/or using the Services from within the European Economic Area (“EEA”).

"Device" means any electronic device that can access the Services such as a computer, a cellphone or a digital tablet.

"Personal Data" or "Personal Information" means any information that relates to an identified or identifiable individual, including information which may personally identify you or have the potential to personally identify you. For the purposes for GDPR, Personal Data means any information relating to you such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity. For the purposes of the CCPA, Personal Data means any information that identifies, relates to, describes or is capable of being associated with, or could reasonably be linked, directly or indirectly, with you.

"Sensitive Data" means an individual’s racial or ethnic origin, religious beliefs, mental or physical health diagnosis, sexual orientation, citizenship or immigration status. Some Personal Data may also be Sensitive Data.

"Services" means the online services, website, and software services and platform provided on or in connection with the service provided by RSD MRKT under this Agreement and as detailed in theTerms of Service.

"Service Provider" means any natural or legal person, public authority, agency or other body which processes Personal Data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Services, to provide the Services on behalf of the Company, to perform services related to the Services or to assist the Company in analyzing how the Services are used. For the purpose of the GDPR, Service Providers are considered Data Processors.

"Usage Data" means data collected automatically, either generated by the use of the Services or from the service infrastructure itself (for example, the duration of a Website page visit).

"Website" means https://rsdmrkt.com/.

"You", "your", "user(s)", "Merchant", or "Customer" means the individual accessing or using the Services, or the company, or other legal entity on behalf of which such individual is accessing or using the Services, as applicable. Under GDPR, you can be referred to as the Data Subject as you are the individual using the Services. .

2. Data Collection

We collect and process your Personal Information, which is necessary to provide our Service, meet our legitimate business needs and/or abide by the requirements of applicable laws and regulations, when you access and/or use our Services. This section describes the Personal Information we may collect, the sources of that information (see Section 3), the purpose for which is it used (see Section 4) and whom it is shared with (see Section 5):

We do not knowingly collect or process Sensitive Data.

You may refuse to provide, or request that we delete, certain categories of Personal Information we have about you. However, if our collection of the Personal Information is required by law or contract or is necessary for you to access or use the Services, we may be unable to provide the Services to you. In such an instance, your User account shall be deleted.

3. Data Sources

We may automatically collect certain information about the mobile device, computer or other devices that you use to access the Services through commonly used information-gathering tools, such as cookies and web beacons (see Section 11). You may choose not to provide information related to your mobile devices, such as device location, by checking your device settings or contacting your carrier or device manufacturer.

You provide some Personal Information to us directly. For example, you provide identifiers, such as name, email address, phone number, and billing address, and Payment Information for us to process your order.

We may generate information about you based on our relationship with you or your use of the Services. Such information may be aggregated or anonymized before we process it.

Third parties or public sources may provide us with certain Personal Information. For example, we may collect certain information from analytics providers, advertising partners, and social media networks.

4. Data Usage

This section describes the purposes for which we process your Personal Information, with regard to the California Privacy Act (“CPRA”), Virginia Consumer Data Protection Act (“VCDPA”) and GDPR. We process your Personal Information:

• For Commercial Purpose. We use and process your Personal Information to advance our or our Affiliates’ commercial or economic interests, such as by inducing another person to buy, provide goods or enabling transactions.
• For Business Purpose. We use your Personal Information for the RSD MRKT’s or the Service Providers’ operational or other notified purposes, where reasonably necessary and proportionate, including auditing; security and integrity; debugging, repair, maintenance or development of the Services; providing customer service; processing or fulfilling orders and transactions; verifying customer information; and processing payments.
• To perform our contractual obligations to you (Contractual Obligations). This includes but is not limited to providing you access to the Services, including processing customer service requests; sending you order confirmations and updates; processing payment for your orders; performing our contractual obligations to you under our Terms of Service; and performing the task for which you provided the Personal Information.
• For legitimate business interests which outweigh the general privacy rights of individual data subjects (Legitimate Business Interest). This includes but is not limited to analyzing and improving our Services and business operations; ensuring the security and availability of the Services; and monitoring use of the Services to prevent fraud or abuse.
• To comply with a legal obligation or requirement (Legal Obligations). We use and process your Personal Information when we believe doing so is necessary to comply with laws and regulations, pursuant to a judicial authorization, or to exercise or defend our legal rights or those of a third party.
• With your consent (Consent). We process your Personal Information if we obtained your affirmative consent to such processing, such as to send you our newsletter and other marketing communications that you requested, or to respond to inquiries and questions that you initiated.

If we need to process your Personal Information for a purpose other than that for which the information was initially collected, we will provide you with information about that other purpose before we further process your Personal Information.

5. Data Sharing and Disclosure

We may share your Personal Information with Service Providers and third parties:

• With your consent. We share your Personal Information if you affirmatively consent to it. If we are legally obligated to obtain your consent prior to sharing your Personal Information, we notify you of the specific purpose for which we are obtaining your consent, and we do not share beyond that purpose without notifying you of and obtaining additional consent for further disclosure.
• With Affiliates. We share Personal Information with our Affiliates. Our Affiliates are subject to the terms of this Privacy Policy.
• With third party Service Providers and agents. We share Personal Information with a limited number of Service Providers who process it on our behalf to process payments (e.g., Stripe, Google Analytics). This information is limited to information required to complete the specific tasks. If certain cookies are enabled on your device, we may also share cookie-related information with related Service Providers.
• For legal disclosure. We may share your information with third parties when we reasonably believe disclosure is required or permitted in order to comply with a subpoena, court order or other applicable law, regulation or legal process.
• To protect us or others. We may share your information to the extent we believe that sharing such information is necessary to protect the rights, property, or safety of our Company, products or Services, Customers, or others.
• As aggregate information. We may share certain aggregated, non-personally identifying information internally or with others for purposes of research, reporting, and benchmarking.
• As a result of merger or sale of our business. We may share Personal Information if we are involved in a merger, sale, financing, liquidation, bankruptcy or acquisition of corporate entities or business units.

We do not sell any Personal Information for any reason.

6. Data Access and Control

You may access, view, control and delete your Personal Information directly through the Website by clicking on ‘Manage Profile.’ To (i) request access, view, control or delete any specific Personal Information we have of yours; (ii) request any additional information regarding your Personal Information, such as whether the Personal Information is actually being processed, the purpose of processing, categories of Personal Information shared with third parties, your opt out rights; or (iii) to exercise your rights under any data protection law or regulation, please email us at support@rsdmrkt.com. We may not be able to provide the Services if you request we delete your Personal Information.

7. Data Retention

We retain your Personal Information according to applicable laws or regulatory requirements and keep it as long as is reasonably necessary to fulfill the purposes described in this Privacy Policy or for which the Personal Data was collected.

8. Data Security

We work to protect your Personal Information against unauthorized access, use, alteration, loss or destruction, and take reasonable measures to do so. We monitor our Services for potential vulnerabilities and attacks, and we use a variety of security technologies and organizational procedures to help protect your personal data from unauthorized access, use, or disclosure.

Despite our security measures and efforts, we cannot guarantee that our security measures will be error-free and foolproof, that transmission of your Personal Data will always be secure or that unauthorized third parties will never be able to defeat our security measures or those of our Service Providers. In the event of a breach involving your Personal Data we may notify you, if and when deemed appropriate, and will take the necessary steps, as required by the applicable laws and regulations, such as contacting the appropriate regulators.

9. Children’s Privacy

We do not knowingly collect Personal Information about or from persons under the age of thirteen (13). If you are under the age of thirteen (13) and/or the age of legal majority in your jurisdiction of residence, you CANNOT use and/or access the Services. If you are a parent or legal guardian of a child under the minimum age who has created an account, please inform us at support@rsdmrkt.com so that we can remove the information from the Services.

10. Third Party Links

We may provide content on the Services that links to third-party websites. We do not control, and are not responsible for, third parties’ privacy practices and content. When you click on a link to a third-party site, the third party may collect your Personal Information, which will be governed by the third party’s privacy policy. Please read the third party’s privacy policy to learn about how they collect and process your personal information.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.

11. Cookie Policy

We use cookies and other identifiers to enable our Services to recognize your browser or device and to provide and improve our Services. For more information about cookies and how we use them, please refer to our Cookie Policy, available at https://rsdmrkt.com/cookie-policy.

12. California Privacy Notice

The following apply to California residents.

We may collect and/or may have collected within the immediately preceding calendar year Personal Information (see Section 2 Data Collection), with your express consent, from the sources set out in Section 3 Data Sources, for the purposes described in Section 4 Data Usage, in compliance with California Consumer Privacy Act and its implementing regulations (“CCPA”).

We do not sell or share your Personal Information in exchange for monetary compensation. You may opt out of sale or sharing of your Personal Information by broadcasting the Global Privacy Control signal from a supported browser.

Shine the Light Law. You are entitled to ask for a notice describing what categories of Personal Information we share with third parties for their own direct marketing purposes. RSD MRKT does not share any Personal Information to third parties for their own direct marketing purposes, unless you consent to such sharing. Merchants must obtain the separate consent of Customers for their own marketing purposes. If you are a California resident, you are entitled to request information about our compliance with the Shine the Light Law by contacting us through the channel listed in the ‘Contact Us’ section of this Privacy Policy. In your request, please include ‘Shine the Light Request’ as your subject matter and provide your first and last name, mailing address and certify that you are a California resident. We reserve the right to require additional information to confirm your identity and California residency. Please note that we are not required to respond to (i) requests that do not follow the process described in this Section; and (ii) more than one request per user per year.

13. Contact Us

If you have any questions about this Privacy Policy, you can contact us by email at support@rsdmrkt.com.