Privacy Policy Effective Aug 10, 2022

Tophatter (“we” “us” or “our”) values your privacy and takes steps to protect the privacy and security of information that you provide to us that either identifies you or could, when combined with other information, be used to identify you (“Personal Information”). Tophatter complies with all applicable laws regarding your privacy. This Privacy Policy explains how and why we collect and use the Personal Information you provide to Tophatter.

User Consent to Tophatter’s Privacy Policy

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 the 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 date 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 which 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 another 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 provider's 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 devices. 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.

Survey Serving Technology: Tophatter may use 3rd party survey platforms, through which, we may conduct surveys. By using this website you accept this privacy policy and you hereby give your explicit consent for the placement of cookies from any 3rd party survey platform in your system and for Tophatter to provide your data for processing by the 3rd party survey platform. You can opt out of cookies being placed on your system by disabling “third party cookies” from your browser’s settings.


Use and Disclosure of Information

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

In general, the 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 better tailor the features, performance, and support of Tophatter; 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, 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 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. We share information only with companies that have also committed to compliance with the GDPR and bind each of those companies via a Data Privacy Agreement to provide you with substantially equivalent privacy and security protections as those that Tophatter provides to you. Tophatter may be liable for any onward transfers of your Personal Information in violation of our commitments to you pursuant to this Privacy Policy or GDPR.

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 at our discretion.

We may share some or all of your Personal Information with Tophatter-affiliated companies that are under common control, in which case we will require them, via written contract, 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.

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.

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 that you think is inaccurate. You may change any of your profile information by editing it on 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”).

Tophatter complies with the EU GDPR and makes it easy for EU residents to exercise their rights described in that regulation. The purposes for which Tophatter collects your Personal Information, which is defined in the GDPR as Personal Data, the categories and specific types of Personal Data we collect and our practices and policies regarding your Personal Data are described in this Privacy Policy. As discussed throughout this Privacy Policy, Tophatter makes it easy for you to access, correct, delete, or demand the deletion of your Personal Data. You may object to our processing of your Personal data by emailing us, although if you prohibit our processing, it may make some of our Services either impossible to offer or less useful. Any of those requests should be sent to Should you ever wish to leave Tophatter and take an electronic copy of the Personal Data and information we have collected about you, you may make that request at In addition to contacting our Data Protection Officer, EU residents may contact their country’s Data Protection Authority or the Data Protection Authority of Ireland, which Tophatter has designated as its Supervisory Authority at: to raise concerns about Tophatter’s implementation of GDPR or Tophatter’s facilitation of the exercising of your privacy rights.

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 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.

Regarding Children

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.


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.


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. If you are a resident of the EU and wish to exercise your rights pursuant to GDPR, 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 acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.