BY ACCESSING OR BROWSING THE SITE, REGISTERING WITH SMP, OR USING THE SERVICES AVAILABLE AT THE SITE, YOU CONSENT TO THE COLLECTION AND USE OF YOUR INFORMATION AS DESCRIBED IN THIS POLICY, AS MODIFIED FROM TIME TO TIME BY US.
We reserve the right, at any time and without notice to you, to add to, change, update or modify this Policy. If we decide to change our Policy, we will post a new policy on our Site and change the date at the top of the Policy. Any change, update or modification will be effective immediately upon posting on our Site and will apply to any personal information provided to us on and after that date. Therefore, we encourage you to check the date of our Policy whenever you visit the Site for any update or changes.
If we make a material change to our Policy that affects how we collect or use your personal information, we will notify you the next time that you access your account at the Site.
Please see our Term of Use (the “Site Terms”) for a more detailed explanation of our general policies. If any conflict exists between the Site Terms and this Policy, the Site Terms will prevail.
1. Information You Provide
We collect personal information from you for a variety of reasons including to deliver products and services you request, to enable your participation in online activities, and to personalize your experience on our Site. Personal information includes your name, physical address, email address, telephone number, identifiers that allow physical or online contacting or location of you.
Accessing Our Site. Like most websites, we and our affiliated internet service providers may automatically track, collect and store information such as (a) Internet Protocol (IP) address; (b) Uniform Resource Locators (URL), (c) domain name; (d) type of computer; and (e) type of web browser and location using cookies, web log files, and other code tracking devises from any device you use to access our Site and any pages at our Site. That type of information does not reveal any personal information about you. We use this information for marketing purposes, to examine traffic to the Site, identify any misuse of the Site, and improve the Site to provide you a better experience.
Cookies & Tracking Codes. A cookie is a small data file that is sent to your browser from a web server and stored on your computer, mobile phone or other device. Cookies store information about your use of a particular website or service and are typically used to make our Site easier to use and to make services more convenient and personalized. Cookies do not damage your system. Cookies allow us to recognize you as a user when you return to the Site using the same computer and web browser, and to identify which areas of the Site you visited or customized, so the next time you visit the Site, those pages may be readily accessible.
“Persistent” cookies are more permanent cookies that are stored on your computers or mobile devices even beyond when you exit your browser. We use persistent cookies for a number of purposes, such as retrieving certain information you have previously provided, and storing your preferences. Our third party service providers may use tracking codes, which are different than cookies, to gather information about your use of our Site. We do not allow advertising on our Site by non-registered users. You can remove or block cookies using the setting in your browser, but in some cases that may impact your ability to use our Site. ]
Registration. When you register with us, you voluntarily provide us with your first and last names, a valid, accurate and current email address, a business name, if applicable, a user name and a password of your choice. When you personalize your account, we will collect personal information about you such as contact data including your full name, mailing address, email address, and telephone numbers.
In addition, we may collect information in the form of content that you add or upload and submit to us to personalize your storefront such as photographs, business logos, and other information all of which we will collect and store. If you do not want us to store metadata associated with content in your storefront, please make sure to remove the metadata before uploading the content. We do not store or host videos. You may use a hyperlink to a video but it must be stored and hosted by a third-party such as YouTube. Content uploaded to your storefront is governed by the terms of the Seller’s Agreement.
We use Secure Socket Layer (SSL) line on pages where you enter personal information provided you are using an SSL enabled browser. An SSL line encrypts your information as it travels over the internet. This secure mode is enabled before any personal information is transmitted from your computer or web-enabled devise provided you are using an SSL enabled browser. If you have any hesitation about providing personal information to us and/or having that information displayed on the Site or otherwise used in any manner permitted in this Policy or the Seller’s Agreement, you should not register with us.
Transactions & Communications With Us and Third-parties. We may collect and retain the details of transactions and communications you have with us such as your agreement with us, the details of payments you make to us, the full content of any emails sent to us, including attached files, any feedback submitted to us, and other information you provide. We may ask you to submit additional information to authenticate yourself or if we have any concerns about activities on our Site. For example, we may ask you to submit government issued photo identification or a copy of a bill to verify your physical address, and we may request that you answer additional questions to verify your identity or ownership of the business you are registering, and services or products displayed on your storefront.
We may also track and retain the details of all transactions and communications you have with other users such as emails, feedback, ratings, sale of a products or services, and any other forms of communications. In addition, our Site contains applications to enable you to connect to and from social networking sites and we may collect information about you and your business from such social networking sites in order to provide you with a more personalized experience. We may use and display your name when you send an email or other communication through our Site to our registered users Moreover, unless you “opt out” of our marketing and promotional communications, we will use your email address to send you our marketing and promotional communications.
Other Users. We may collect information about your business, products, and services from our users such as when a user contacts your business, purchases a product or service, shares information about your business, products, or services on a social media platform, or tags your business, products, and/or services as their favorites.
2. Privacy Settings
Account Settings. Your account settings allow you to manage your privacy and make informed choices about who has access to your information and how you share your information with others. Please be aware that other than the information required to register with us or included in communications with us about your account, providing information is entirely optional. Any information you provide in your storefront may be used in the same manner and to the extent that other information that is not personal information is permitted to be used under this Policy.
Password. When you register with us, you will be asked to create a unique password associated with your account. The combination of your email address as your username and your password is the key to your account. We recommend that you use a unique combination of letters, numbers and special characters to create your password. You are responsible for all actions taken in the name of your account. You should not disclose your password to anyone. If you decide to share your password or lose control of your password, you may jeopardize the security and confidentiality of your personal information. Moreover, you may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately notify us and change your password.
Sharing Information. You may choose to share information including personal information with our users or with third-parties by sending messages, posting comments, uploading photos, or using other technology available on our Site. Sharing information through our Site is at your own risk. Please be aware that any information (whether personal information or otherwise) you choose to disclose on your storefront, via email, messages, postings, comments, photos or otherwise, may become publicly available. In addition, if you provide personal information about another person, you should do so only with that person’s consent and failure to do so may violate that person’s privacy or data rights and the Site Terms.
3. Use of Information Collected.
We will use information in your public profile to provide search results to our users. You agree that we may use your personal information to: (a) send you information about our company and services, and promotional materials from us and our affiliates, (b) facilitate a transaction between you and another user, (c) provide the services and customer support you request, (d) process your order or request, (e) help resolve disputes, (f) collect fees, (g) troubleshoot problems, (h) prevent potentially prohibited or illegal activities, (i) enforce this Policy, the Site Terms, and our agreement with you, and (j) contact you when necessary. We may outsource all of these tasks to third parties on a confidential basis and their use of your personal information is as described below under Internal Service Providers.
We use services provided by third-parties such as email service providers, payment processing companies like PayPal, and other persons authorized by you. We may share contact data with those companies and persons to the extent permitted under this Policy and for the purpose specified by you.
We may also provide third-parties with aggregate data about users of, or visitors to, our Site, however, that information is anonymous and does not personally identify a user. We do not provide personal information to third-party marketers without your consent.
We do not sell, rent, or share any of your personal information, including your email address, to third parties for their marketing purposes without your explicit consent. However, the following describes some of the ways that your personal Information may be disclosed in the normal scope of business to provide our services and products to customers:
- Legal Requests. SMP cooperates with law enforcement inquiries, as well as other third parties to enforce laws, such as: intellectual property rights, fraud and other rights, to help protect you, other users, and SMP from bad actors. Therefore, in response to a verified request by law enforcement or other government officials relating to a criminal investigation or alleged illegal activity, we can (and you authorize us to) disclose your name, city, state, telephone number, email address, username history, and fraud complaints without a subpoena. Without limiting the above, in an effort to respect your privacy, we will not otherwise disclose your personal information to law enforcement or other government officials without a subpoena, court order or substantially similar legal procedure, except when we believe in good faith that the disclosure of information is necessary to prevent imminent physical harm or financial loss, or report suspected illegal activity.
4. User Choice Regarding Collection, Use and Distribution of Personal Information.
You may choose not to provide us with any personal information. In that case, you can still visit and browse the Site subject to the Site Terms; however, you will not have access to or receive the benefits conferred upon registered users of our Site. If you do not wish to receive information and promotional material from us or from our affiliates, you may select the appropriate "opt-out" option each time we ask you for personal information. Despite your election to opt-out, we may send you emails or contact you by other means regarding your account, transactions, and activities on our Site.
5. User Consent.
By registering with us, you consent to, and voluntarily accept, the terms and conditions of this Policy, the Site Terms, and the terms of our Buyer’s Agreement or Seller’s Agreement, as applicable. You understand that certain information you provide to us may reveal, or allow others to identify, your gender, nationality, ethnic origin, religion or other aspects of your private life. All personal information provided to us including all information deemed “sensitive” by applicable law is voluntarily disclosed by you. You have the right to withdraw your consent at any time, in accordance with the terms of this Policy, the Site Terms, and the Buyer’s Agreement or Seller’s Agreement, as applicable, but your withdrawal will not be retroactive.
We may disclose or sell information collected through our Site as an asset of the company in conjunction with a business transition such as a merger, acquisition by another company, or sale of all or a portion of our assets. You acknowledge that such business transition may occur and that disclosure of your personal information in that context is permitted by this Policy. In the event of a business transition, other than disclosure to the new owner(s), your personal information would continue to be treated in the manner outlined in this Policy or any per-existing policy effective on the date the personal information was collected.
6. Confidentiality and Security of Personal Information.
Your personal information is stored on secure servers in the United States and we have taken commercially reasonable steps to ensure that those servers are not accessible by unauthorized third-parties. Nevertheless, because network security measures are not infallible and because third-parties may unlawfully intercept or access transmissions or private communications, we cannot guarantee the security of your information or that it will always remain private. In addition, if we deem it necessary to optimize performance of our Site, we may choose to store your personal information outside the United States. Personal Information may be accessed by us or transferred to us in and from the United States or to our affiliates, business partners, or service providers elsewhere in the world. By providing us with personal information, you consent to this transfer.
If you access our Site from a shared computer or a computer in an internet café, certain information about you may be visible to other individuals at the internet café and your username or email address may be visible to other individuals who use the computer after you.
7. Disclosing Information to Third Parties.
For your convenience, we enable you to share information with social networking websites such as Facebook; however, we do not endorse any social networking website or third-party website, their services, products, locations, content, or views. We cannot guarantee the privacy or security of information you disclose to others therefore, we encourage you to evaluate the privacy and security policies of all websites before entering into a transaction and choosing to share your personal information with them. We encourage you to disclose your privacy practices as a seller and to respect the privacy of others who do business with you.
Limitations On Use of Information From Our Users. You agree to use information obtained from our website and our users only for the following purposes:
- to enter into a legitimate commercial or business transaction,
- to use services or products offered through our Site, and
- for any other purpose expressly authorized in writing by a user.
Public Communications. Please take precautions in disclosing personal information. Personal information disclosed online via email, blogs and the like can be collected and used by others. If you post personal information in those types of online environments, it is highly likely that it may be accessible to the public and you may receive unsolicited messages and advertisements commonly referred to as SPAM. You are solely responsible for maintaining the secrecy of your personal information.
SPAM. We and our users do not tolerate SPAM. Neither we nor you are authorized to add a user of our Site to your mailing list or other database without that user's prior written permission. You are not permitted to use our Site or any related communication tool to send SPAM or to otherwise send content that may violate this Policy, our Site Terms, the Buyer’s Agreement or the Seller’s Agreement. To report SPAM or spoof emails, please forward the email to firstname.lastname@example.org.
8. User ability to access, update and correct personal information.
In order to ensure that all of your personal information is correct, to update your personal information, or to change your personal settings, you may access our Site at www.scottsmarketplace.com, log into your account, and edit your personal profile. While we are ready to assist you in managing your account and subscriptions, and closing your account, we cannot always delete records of past interactions and transactions. For example, we are required to retain records relating to previous purchases for financial reporting and compliance reasons.
You may also review and request changes to the personally information and obtain removal of content or information you have publicly posted. To make such a request, please send an email with a detailed description of the specific content or information to email@example.com. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal even if requested.
9. Lost or Stolen Information.
You must promptly notify us if your username or password is lost, stolen or used without permission, or you suspect fraudulent activity in your account. In such event, we will help you reset your password or assist with suspending or closing the account.
10. Access by Children.
We do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow persons under the age of 18 to register with us. If we learn that a person under the age 13 has submitted personally identifiable information to us, we will delete that information from our Site. If you are a person under the age of 18, then please do not attempt to register with us or send any information about yourself to us. If you believe that we might have information from or about a person under the age of 18, please contact us immediately at firstname.lastname@example.org.
Any dispute arising from or related to your use of our Site is subject to the dispute resolution provisions of our Site Terms and our Buyer’s Agreement or Seller’s Agreement, as applicable.
12. Contact Information.
You can contact us by using the Contact Us form or send a letter to the mailing address listed below. Please include your name and contact information and a detailed description of your request or privacy concern.
Attn. Customer Support Team
6263 N. Scottsdale Rd., Suite 320
Scottsdale, AZ 85250
13. Digital Millennium Copyright Act (“DMCA”) Notice.
In the event materials are made available to SMP by third parties not within our control, we are under no obligation to, and do not, scan such content for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on SMP. If you believe any materials on SMP infringe a copyright, you should provide us with written notice that at a minimum contains:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to our designated agent as follows:
Tabatha A. LaVoie, Esq.
LaVoie Law Firm
8817 East Bell Road, Suite 201
Scottsdale, AZ 85260
Tel: (480) 420-2711
It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.