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.
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 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.
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.
Use and Disclosure of Information
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.
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.
Tophatter may also be required to disclose an individual’s Personal Information in response to a lawful request by government officials, including to satisfy law enforcement or national security requirements.
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.
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.
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. You may ask us to stop processing your information or delete your information by contacting us, please contact us. We will delete that information within a commercially reasonable period of time unless prevented from doing so by applicable law.
Regarding Residents of the European Union & GDPR
Tophatter complies with all applicable privacy laws and regulations that apply to residents of the EU. Residents of the European Union (“EU”) may only use our Services after providing Tophatter your freely given, informed consent for Tophatter to collect, transfer, store, and share your Personal Data, as that term is defined in the EU’s General Data Protection Regulation (“GDPR”).
Privacy Shield Frameworks
With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, Tophatter is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission.
You have the right to obtain our confirmation of whether we maintain personal information relating to you. Upon request, we will provide you with access to the personal information that we hold about you. You may also correct, amend, or delete the personal information we hold about you. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data, should direct their query to firstname.lastname@example.org. If requested to remove data, we will respond within a reasonable timeframe.
Your right to access your Personal Information may be restricted in exceptional circumstances, including, but not limited to, when the burden or expense of providing this access would be disproportionate to the risks to your privacy in the case in question, or when the rights of persons other than you would be violated by the provision of such access. If we determine that your access should be restricted in a particular instance, we will provide you with an explanation of our determination and respond to any inquiries you may have.
We will also provide an individual opt-out or opt-in choice before we share their Personal Information with third parties other than our agents, or before we use it for a purpose other than which it was originally collected or subsequently authorized. To limit the use and disclosure of your personal information, please submit a written request to email@example.com.
Tophatter’s accountability for Personal Information that it receives under the Privacy Shield and subsequently transfers to a third party is described in the Privacy Shield Principles. In particular, Tophatter remains responsible and liable under the Privacy Shield Principles if third-party agents that it engages to process the personal data on its behalf do so in a manner inconsistent with the Principles, unless Tophatter proves that it is not responsible for the event giving rise to the damage.
In compliance with the Privacy Shield Principles, Tophatter commits to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States pursuant to Privacy Shield. European Union and Swiss individuals with Privacy Shield inquiries or complaints should first contact Tophatter’s Data Protection Officer, Matt Rubens at firstname.lastname@example.org.
Tophatter has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit https://www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and to file a complaint. This service is provided free of charge to you.
If your Privacy Shield complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See Privacy Shield Annex 1 at https://www.privacyshield.gov/article?id=ANNEX-I-introduction.
Regarding California Residents
If you reside in California you are entitled to exercise certain rights outlined in the California Consumer Protection Act. You have the right to obtain our confirmation of whether we maintain personal information relating to you.
Upon request, we will provide you with access to the personal information that we hold about you. You may also correct, amend, or delete the personal information we hold about you.
An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data, should direct their query to email@example.com or call (888) 502-5501.
If requested to remove data, we will respond within a reasonable timeframe. Tophatter will not and may not discriminate against you for exercising these rights.
No matter where they live, 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.
Children who reside in some countries in the EU may be prohibited by law from using services such as Tophatter until they are older than 13 years of age. In some countries the age that you may be able to use our service may be 14, 15 or 16 years of age. By using Tophatter, you are either (i)_representing that you are at least 18 years old; (ii) that you are at least 13 years old and have a parent’s or guardian’s permission to use Tophatter; or (iii) if you reside in an EU country with an older age of consent that you are at least the appropriate number of years old and have a parent’s or guardians permission to use Tophatter.
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