This Tophatter privacy policy (the "Privacy Policy") is intended to inform you of our policies and practices regarding the collection, use and disclosure of any information you submit to us through Tophatter. This includes "Personal Information," which is information about you that is personally identifiable such as your name, e-mail address, user ID number, and other non-public information that is associated with the foregoing, as well as "Anonymous Information," which is information that is not associated with or linked to your Personal Information and does not permit the identification of individual persons.

User Consent

By accessing or otherwise using Tophatter, you agree to the terms and conditions of this Privacy Policy. You expressly consent to the processing of your Personal Information and Anonymous Information according to this Privacy Policy.

Your Personal Information may be processed and stored in other countries (including the United States) where laws regarding processing of Personal Information may be less stringent than the laws in your country. Your Personal Information will not, however, be used or disclosed for purposes for which you have not given consent or which are not permitted under applicable law.

Regarding Children

Children under the age of 13 are not permitted to use Tophatter and we do not intentionally collect or maintain Personal Information from those who are under 13 years old. Protecting the privacy of children is very important to us. Thus, if we obtain actual knowledge that a user is under 13, we will take steps to remove that user's Personal Information permanently from our databases. We recommend that children between the ages of 13 and 18 obtain their parent’s permission before submitting information over the internet. By using Tophatter, you are representing that you are at least 18 years old, or that you are at least 13 years old and have a parent’s or guardian’s permission to use Tophatter.

Collection of Information

Personal Information that You Provide

In general, we collect Personal Information that you submit to us voluntarily through Tophatter. We also collect information that you submit in the process of creating or editing your account and user profile on Tophatter. For example, our registration and login process requires you to provide us with your name, valid email address and password of your choice. When you personalize your profile and use the features of Tophatter, we will collect any information you voluntarily provide, and we may also request optional information to support your use of Tophatter, such as your year of birth, gender and other demographic information. We collect information in the form of the content that you submit during your use of Tophatter, such as photos, reviews, ratings and other information you choose to submit. We may also collect information about you and your friends who use Tophatter, from any social network you may have connected from, in order to provide you with a more personalized experience. For instance, we may collect your user ID or profile information that you have permitted to be displayed through Tophatter in order to display you as a friend or in association with your profile and collections. When you win an auction or purchase an item, you will need to submit your credit card or other payment information, which we may collect and store, so that our service providers can process your payment for the item. When you sign up for Tophatter or other engage in other activities that we make available on Tophatter, we will collect the information designated along with such activity, which may include your contact information such as your address and phone number. We will also collect transactional information based on your activity on Tophatter, such as bidding, buying, selling, billing, and any other information you provide to purchase or ship an item. If you choose to sign up to receive information about products or services that may be of interest to you, we will collect your email address and other related information. Additionally, we collect any information that you voluntarily enter, including Personal Information, into any postings, comments, or forums within the Tophatter community.

Tophatter may require you to submit additional personal information to authenticate yourself if we believe you are violating Tophatter policies, such as identification or a utility bill to verify your address. If you do not wish to share such information with us, you will be unable to complete any further transactions on Tophatter.

Personal Information from Other Sources

We may receive Personal Information about you from other sources with which you have registered, companies who we have partnered with (collectively, "Partners") or other third parties. We may associate this information with the other Personal Information we have collected about you.

E-mail and E-mail Addresses

If you send an e-mail to us, or fill out our "Feedback" form through Tophatter, we will collect your e-mail address and the full content of your e-mail, including attached files, and other information you provide. We may use and display your full name and email address when you send an email notification to a friend through Tophatter or the social network from which you have connected to Tophatter (such as in an invitation, or when sharing your content). Additionally, we use your email address to contact you on behalf of your friends (such as when someone sends you a personal message) or notifications from a social network or other website with whom you have registered to receive such notifications. We may use this e-mail address to contact you, for things such as notifications of limited edition shop sales and other related information. You may indicate your preference to stop receiving further promotional communications as further detailed below.

Information Collected Via Technology

As you use Tophatter, certain information may also be passively collected and stored on our or our service providers’ server logs, including your Internet protocol address, browser type, type of device, operating system, and the address of the referring website. We may also place small data files on your computer or other device. These data files may be cookies, pixel tags, Flash Cookies, Silverlight Cookies, or other local storage provided by your browser or associated applications ("Cookies"). We use these technologies to: recognize you as a customer; customize Tophatter Services, content, and advertising; measure promotional effectiveness; help ensure that your account security is not compromised; mitigate risk and prevent fraud; and to promote trust and safety across our site. We use Cookies and navigational data like Uniform Resource Locators (URL) to gather information regarding the date and time of your visit and the information for which you searched and viewed. In order to use our Services offered through Tophatter, your web browser must accept Cookies. If you choose to disable Cookies, some aspects of Tophatter may not work properly, and you may not be able to receive our Services. This type of information is collected to make Tophatter and solutions more useful to you and to tailor the experience with Tophatter to meet your special interests and needs

We engage in remarketing to market our sites across the web. When a user visits our site, a cookie is placed on the user’s computer. Users with this cookie may be targeted across advertising networks to receive relevant advertisements. You may opt out of this ad serving using the Network Advertising Initiative (NAI) opt-out page.

An "Internet protocol address" or "IP Address" is a number that is automatically assigned to your computer when you use the Internet. In some cases your IP Address stays the same from browser session to browser session; but if you use a consumer internet access provider, your IP Address probably varies from session to session. We, or our service providers, may track your IP Address when you access Tophatter to assist with ad targeting.

We may also enable advertisers and ad servers to promote third-party products and/or services by placing advertisements on Tophatter. These advertisers and ad servers may use Cookies and/or "Web Beacons" (which are usually small, transparent graphic images) in order to monitor information related to served advertisements. Clicking on such advertisements will direct you to the website of a third-party and the advertiser. This Privacy Policy does not cover the privacy practices of any advertisers or ad servers.

Use and Disclosure of Information

Except as otherwise stated in this Privacy Policy, we do not sell, trade, rent, or otherwise share for marketing purposes the Personal Information that we collect with third parties, unless you ask or authorize us to do so.

In general, Personal Information you submit to us is used by us to provide you access to Tophatter; to improve Tophatter; to respond to your emails and other feedback; to provide customer service; to send you alerts, updates, administrative messages and otherwise facilitate your use of, and our administration and operation of, our Services; to monitor and analyze usage and trends; to resolve disputes; to better tailor the features, performance, and support of Tophatter; collect fees; to offer you additional information, opportunities, promotions and functionality from us, our partners or our advertisers at your request; and for any other purpose for which the information was identified at the time of collection. Additionally, we do share your content preferences and other information with the social network with which you have connected to Tophatter, along with those companies and persons you have asked us to share your information with.

We may provide your Personal Information to third-party service providers who work on behalf of or with us to provide some of the services and features of Tophatter and to help us communicate with you. Examples of such services include sending email, analyzing data, providing marketing assistance, processing payments (including credit card payments), and providing customer service. We require our third-party service providers to agree not to use such information except as necessary to provide the relevant services to us. We may share some or all of your Personal Information (other than credit card information) with Merchants whose items you have purchased for their commercial purposes and to provision the item. If you do not want us to use or disclose Personal Information collected about you in the manner identified in this Privacy Policy, do not use Tophatter.

Additionally, we may create Anonymous Information records from Personal Information by excluding information (such as your name) that would otherwise make the Anonymous Information personally identifiable to you. Generally, we aggregate this information and use it in statistical analysis to help us analyze patterns in the use of Tophatter. This Privacy Policy does not limit our use or disclosure of any Anonymous Information in any way, and we reserve the right to use and disclose Anonymous Information to our partners, advertisers and other third parties in our discretion.

We may share some or all of your Personal Information with Tophatter affiliated companies that are under a common control, in which case we will require them to honor this Privacy Policy.

In the event we go through a business transition such as a merger, acquisition by another company, or sale of all or a portion of our assets, your Personal Information may be among the assets transferred. You acknowledge that such transfers may occur and are permitted by this Privacy Policy, and that any acquirer of ours or that acquirer’s assets may continue to process your Personal Information as set forth in this Privacy Policy.

By using Tophatter and providing us with your Personal Information, you understand and agree that we may disclose your Personal Information if we believe in good faith that such disclosure is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Tophatter Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Tophatter, its users and the public. You hereby consent to us sharing your Personal Information under the circumstances described herein.

The Ability of Others to View Your Information

Helping you to protect your information is a vital part of our mission. It is up to you to make sure you are comfortable with the information you choose to provide us and the information you choose to publish. You understand that when you use Tophatter, certain information you post or provide through Tophatter, such as your name, profile, comments, collections and reviews, may be shared with other users and posted on publicly available portions of Tophatter, including without limitation, social media applications and other public fora in which you choose to participate. Please keep in mind that if you choose to disclose Personal Information when posting comments or other information or content through Tophatter, this information may become publicly available and may be collected and used by others, including people outside the Tophatter community. We will not have any obligations with respect to any information that you post to parts of Tophatter that are available to others, and recommend that you use caution when giving out personal information to others through social media networks or otherwise.

Third Party Sites and Advertising

Tophatter may contain links to other websites. Please be aware that we are not responsible for the privacy practices or the content of such other websites. We encourage our users to read the privacy statements of each and every website they visit. This Privacy Policy applies solely to information collected by us through Tophatter and does not apply to these third-party websites. The ability to access information of third parties from Tophatter, or links to other websites or locations, is for your convenience and does not signify our endorsement of such third-parties, their products, their services, other websites, locations or their content.

Your Choices Regarding Your Personal Information

We offer you choices regarding the collection, use, and sharing of your Personal Information. You have a right at any time to stop us from contacting you for marketing purposes. When you receive promotional communications from us, you may indicate a preference to stop receiving further promotional communications from us and you will have the opportunity to "opt-out" by following the unsubscribe instructions provided in the promotional e-mail you receive or by contacting us.

Despite your indicated email marketing preferences, we may send you administrative emails regarding Tophatter, including, for example, administrative and transactional confirmations, and notices of updates to our Privacy Policy.

You have the right to request a copy of the Personal Information that we hold about you. If you would like a copy of some or all of your Personal Information, please contact us. We may charge a reasonable fee for this service. We want to make sure that your information is accurate and up-to-date. You may ask us to correct or remove information which you think is inaccurate. You may change any of your profile information by editing it in the profile settings page.

Feedback

If you provide feedback to us, we may use and disclose such feedback for any purpose, provided we do not associate such feedback with your Personal Information. We will collect any information contained in such feedback and will treat the Personal Information in it in accordance with this Privacy Policy. You agree that any such comments and any email we receive becomes our property. We may use feedback for marketing purposes or to add to or modify our services without paying any royalties or other compensation to you.

Security

We are committed to protecting the security of your Personal Information. We use a variety of industry-standard security technologies and procedures to help protect your Personal Information from unauthorized access, use, or disclosure. Even though we have taken significant steps to protect your Personal Information, you acknowledge that no company, including us, can fully eliminate security risks associated with Personal Information.

Contact and Revisions

If you have questions or concerns about our Privacy Policy, please contact us.

This Privacy Policy is subject to occasional revision at our discretion, and if we make any substantial changes in the way we use your Personal Information, we will post an alert on this page and send an email to registered users. If you object to any such changes, you must cease using Tophatter. Continued use of Tophatter following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

Effective Date: January 28, 2013