Privacy Policy

Our website address is: https://blackity-black.com.

Thank you for your interest in the Blackity-Black marketplace www.blackity-black.com (hereinafter “Marketplace”).

We respect your privacy and will collect and process your personal data in compliance with the legal requirements at all times. We will never rent or sell your personal data for marketing, data collection or other purposes.

This privacy policy explains what kind of personal data we collect when you use the Marketplace and how we handle such personal data.

1. DATA CONTROLLER, DATA PROTECTION OFFICER AND REPRESENTATIVE IN THE UNITED STATES OF AMERICA (USA)

1.1 Joint data controllers is Blackity-Black LLC., [email protected] (jointly hereinafter “Blackity-Black”“we”“our”“us” etc.).

1.2 Our data protection officer can be contacted under Data Protection, Blackity-Black.com., e-mail [email protected].

2. WHAT IS PERSONAL DATA

Personal data means any information relating to you, provided that you can be identified or are identifiable (directly or indirectly) with such information. For example, personal data includes your name, address, phone, fax or mobile phone number as well as your e-mail address. Personal data does not include information of a general nature that does not identify you; for example, the number of users of the Marketplace.

3. WHAT TYPES OF PERSONAL DATA WE COLLECT

You may generally visit the Marketplace without providing information to us which directly identifies you. However, please be aware that in this case you may not be able to use certain parts of the Marketplace or particular services offered by us.

3.1 WEB SERVER PROTOCOLS (INCLUDING IP ADDRESS)

When you visit and use the Marketplace our web server, due to technical reasons, automatically collects your IP address, the date and time of your visit of the Marketplace, the sites visited on the Marketplace, the referrer website, your browser type (e.g. Microsoft Explorer or Mozilla Firefox), your operating system (e.g. Microsoft Windows 10), the domain name and the address of your internet access provider.

3.2 PERSONAL DATA SUBMITTED BY YOU IN THE FRAMEWORK OF OUR SERVICES

(a) We collect personal data that you have provided to us on a voluntary basis for the purposes to provide, operate and manage the Marketplace as well as to provide our services in accordance with our user agreement (under blackity-black/useragreement).

  • For example, we collect (a) your user name and e-mail address when you create an user account and register for the Marketplace; (b) your name, delivery address, phone number, e-mail address, bank respectively payment information when you order a product via the Marketplace; and (C) your e-mail address when you complete a form or send us an e-mail. When we collect your personal data, we inform you whether the designation of certain personal data is compulsory or optional and of the possible consequences that arise in case of the absence of a designation.
  • In addition, we collect the data which you have provided to us through the visit and use of the Marketplace as well as our services, e.g. your purchases and sales history, favorited and earmarked items on the Marketplace, your movement and actions taken on the Marketplace as well as the content and details of messages send or received via our email service.

(b) Provided that you have given us your consent, we further collect your e-mail address when you register for our newsletter and promotional messages.

4. HOW WE PROCESS YOUR PERSONAL DATA

4.1 We basically process your personal data in order to provide and operate the Marketplace and render our services to you in accordance with our user agreement (cf. under https://www.blackity-black.com/agreement), in particular, (a) to facilitate and coordinate sales and purchases via the Marketplace; (b) to provide you, to the extent possible and reasonable, with a smoothly and accurately functioning Marketplace by monitoring and maintaining its performance (in particular, detecting and resolving issues and errors).

4.2 Provided that you have given us your consent, we will further use the personal data collected for the provision and optimization of our marketing measures via e-mail, in particular, the provision of our newsletter and other promotional messages on services, products and/or special offers. You may withdraw your consent at any time with future effect.

You may, at any time, opt out from receiving such communications by following the instructions included in each e-mail (which can also be reached by clicking “Help” on the bottom of the homepage of the Marketplace).

4.3 Further, we may process your web server information (cf. item 3.1 above) in cooperation with your internet access provider and/or local authorities in cases of a system misuse in order to investigate and identify the originator of such system misuse.

This processing is necessary for the purpose of our legitimate interests. Our legitimate interests in this context are the protection of the integrity of the Marketplace, our services, our system as well as our users.

5. TRANSFER OF PERSONAL DATA

Your personal data is very important and helpful for us to provide and optimize our services and the Marketplace. We do not share personal data with any third party, unless this (a) is necessary to fulfil our services and/or the provision of the Marketplace; (b) is permitted by applicable law; or (c) has been agreed by you. Insofar, we share personal data with third parties within the scope specified below:

5.1 In order to properly render our services in form of facilitating sales respectively purchases made between users via the Marketplace, we have to share your name, the delivery address and phone number on behalf of the selling drop shipper/third-party service providers respectively fulfillers for manufacturing, printing, logistics or processing services. Please be aware that the provision of such personal data solely takes place to process the sale respectively purchase of a product made between users via the Marketplace. Under no circumstances we provide such personal data to these service providers respectively fulfillers for marketing purposes.

This processing is necessary for the performance of our contract.

5.2 Further, we are entitled to outsource the processing of personal data (completely or partially) to external service providers which are acting on our behalf as hosting processors. In particular, we use external service providers for the following purposes in the framework of providing and operating the Marketplace as well as our respective services:

  • To host the Marketplace and to store its back-end database.
  • To detect, identify and prevent fraudulent use of the Marketplace.
  • To monitor the performance of the Marketplace as well as to detect and solve issues and errors on the Marketplace.
  • To provide data reporting and enable analysis for our internal business purposes.
  • To organize and manage internal business goals effectively and efficiently.
  • To provide payment services for our users.
  • To provide marketing and marketing optimization services.

6. HOW WE KEEP PERSONAL DATA SECURE

While we take all necessary and reasonable steps to keep your information secure, no security system is impenetrable and, due to the inherent nature of the internet, we cannot guarantee that information, during transmission through the internet or while stored on our systems or otherwise, will be absolutely safe from unauthorized access by others. Your payments are handled over an encrypted connection or via a secure third-party data processor. Access to personal data on our databases is subject to reasonable technical safeguards and is restricted to authorized staff on a strict need-to-know basis.

7. STORAGE TIME

We will only store your personal data as long as necessary to fulfil the purposes for which they were collected or – where the law provides for longer retention periods – for the duration of the retention period required by law. After that your personal data will be deleted.

8. WEB ANALYSES SERVICES, COOKIES AND OTHER TECHNOLOGIES

8.1 We want to provide you with an optimal and meaningful user experience. Therefore, we use cookies and other technologies on the Marketplace and within our services (a) in order to better understand how our users use the Marketplace and our services; (b) for the optimization of the Marketplace and our services; (c) in order to provide and maintain, to the extent possible and reasonable, a smoothly and accurately functioning Marketplace; as well as (d) for marketing purposes and market research.

Cookies and other technologies help us in many ways to make your visit of the Marketplace more enjoyable and meaningful.

Cookies are text information files that our web server sends to and places on your computer when you visit the Marketplace. Most browsers accept cookies automatically, but can be configured in their settings not to accept cookies or to indicate when a cookie is being sent. For more information please check the help menu of your browser. Some or all of our cookies may be disabled or deleted later. You can either disable our cookies via the browser settings or via the opt-out possibilities as set out in the table under item 8.3 below. Please note that you do not have to accept our cookies in order to use the Marketplace. However, if you opt out of the cookie function, some areas and functions of the Marketplace may be disabled.

8.2 We use the following types of cookies on the Marketplace for the following purposes:

(a) Technical cookies

Cookies that allow the navigation through the Marketplace and the use of different options or services that exist in it, such as allowing the communication of data, identifying your user account, accessing restricted access Marketplace areas, storing products from orders, completing the purchase process of an order or storing content for the broadcast of videos and sound and share content.

This processing is necessary for the performance of our contract.

(b) Customization cookies

Cookies that allow the access to the Marketplace with some general predetermined characteristics according to several criteria out of the user’s device, such as the language, the web browser, the regional settings etc.

This processing is necessary for the performance of our contract.

(c) Advertising cookies

Cookies that allow Blackity-Black to analyze and manage the information related to the advertisements displayed to each user on the Marketplace. Those cookies allow to manage, in the most efficient way, the advertising spaces of the Marketplace pursuant to different information such as the edited content or the frequency in which such advertisements are displayed.

This processing is necessary for the purpose of our legitimate interests. Our legitimate interests are to provide a user-friendly and meaningful Marketplace which fulfils your expectations and needs as well as our commercial interests.

(d) Third-party analytics cookies

Together with our server logs and other web analysis programs, analytical cookies enable Blackity-Black to ascertain the total number of users visiting the website and the most popular areas.

This processing is necessary for the purpose of our legitimate interests. Our legitimate interests are to provide a user-friendly and meaningful Marketplace which fulfils your expectations and needs as well as our commercial interests.

9. YOUR RIGHTS UNDER DATA PROTECTION LEGISLATION

In particular, but without limitation, the following rights are vested in you by applicable data protection law:

(a) Right of access, rectification, erasure and restriction of processing: You have the right to obtain at any time access to your personal data stored by us. If we process or use your personal data, we shall endeavor to ensure by implementing suitable measures that your personal data is accurate and up-to-date for the purposes for which they were collected. If your personal data is inaccurate or incomplete, you have the right to obtain the rectification of such personal data. Furthermore, you may have the right to obtain the erasure or restriction of processing of your personal data, for example if no legitimate business purpose exists anymore for the data processing under this privacy policy or applicable law and the further storage is not necessary under statutory storage obligations.

Your user account essentially shows the personal data you have stored with us. You may view, change and/or erase the data as needed. Furthermore, to obtain access to or the rectification, erasure or restriction of processing of your personal data you may at any time contact us as provided in item 1 above.

(b) Right to data portability: You may have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format or to transmit this data to another controller. To exercise this right you may at any time contact us as provided in item 1 above.

(c) Right to object: You may have the right to object, on grounds relating to your particular situation, to the processing of your personal data. To exercise this right you may at any time contact us as provided in item 1 above.

(d) Right to withdraw your consent: If you have given your consent to the collection or processing of your personal data, you have the right to withdraw your consent at any time on a prospective basis without affecting the lawfulness of processing based on the consent before its withdrawal. You may also object to use of your personal data for purposes of market research and public opinion polling as well as advertising and unsubscribe from our newsletter (please cf. under item 4.3 above). To exercise any of these rights you may at any time contact us as provided in item 1 above.

10. Consumer Privacy Act (“CCPA”) – for California residents

The CCPA provides California resident users of Blackity-Black.com (referred to in this section as “California consumers”) with specific rights regarding their personal information. This section describes California consumers’ rights and explains how they can exercise them.

Access to Specific Information and Data Portability Rights

California consumers have the right to certain information about Blackity-Black.com’s collection and use of their personal information over the past 12 months. Sections 3, 4 and 5 above describe the types of personal information Blackity-Black collects, how it is processed by Blackity-Black and the third parties with whom Blackity-Black shares such information and the purpose for that sharing.

Exercising Access, Data Portability, and Deletion Rights

California consumers have the right to request that Blackity-Black deletes any of their personal information collected from them, subject to certain exceptions set out in the CCPA. These rights may be exercised by clicking this link: ‘Do not sell my Personal Information’ (also in the footer) or by emailing [email protected]. Only the relevant California consumer, or a person registered with the California Secretary of State that is authorized to act on a California consumer’s behalf, may make a verifiable consumer request related to that California consumer’s personal information. California consumers can also make a verifiable consumer request on behalf of their minor child. 

California consumers may only make a verifiable consumer request for access or data portability twice within a 12-month period.

The verifiable consumer request must:

  • provide sufficient information that allows Blackity-Black to reasonably verify identity; and
  • describe the request with sufficient detail that allows Blackity-Black to properly understand, evaluate, and respond to it. 

Response Timing and Format

Blackity-Black will endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If more time is required (up to 90 days), Blackity-Black will inform you of the reason and extension period in writing. There is no fee for processing verifiable consumer requests unless it is excessive, repetitive, or manifestly unfounded.

Non-Discrimination

Blackity-Black will not discriminate against anyone for exercising any of their CCPA rights. However, certain financial incentives may be offered to the extent permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive that is offered will reasonably relate to California consumers’ personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program would require prior opt in consent, which may be revoked at any time.

Other California Privacy Rights

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits California consumers to request certain information regarding Blackity-Black’s disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to [email protected].

11. COMPLAINTS

If you have any questions, concerns or complaints relating to this privacy policy or Blackity-Black’s privacy/data protection practices, you are welcome to contact the Blackity-Black.com.

12. CHANGES

Blackity-Black reserves the right to change this privacy policy from time to time in compliance with the legal requirements, for example to be compliant with new laws or to add new services.

Date: September 1st,  2020