Darkstore, Inc. (“Darkstore,” “we,” “us,” and “our”) provides an online marketplace that allows you to browse and purchase a variety of products that Darkstore offers for sale through partnership with third-party brands (“Brands”). Our Privacy Policy is designed to help you understand how we collect, use, and share your personal information and to assist you in exercising the privacy rights available to you.
SCOPE
This Privacy Policy applies to personal information processed by us in our business, including on our website, mobile application, and related online and offline offerings. To make this Privacy Policy easier to read, our website, mobile application, and related offerings are collectively called the “Services.”
PERSONAL INFORMATION WE COLLECT
The categories of personal information we collect depend on how you interact with our Services.
Account Information. If you create an account with Darkstore, we may collect your name, email address, address, and other relevant information.
Orders. If you place an order with Darkstore, we will record the personal information and details associated with the transaction. For example, we will collect the items you purchase, your billing and shipping address, payment information, and any details you provide in connection with gift orders. Any payments made via the Services are processed by third-party payment processors, such as Stripe. You can read Stripe’s Privacy Policy at: https://stripe.com/privacy. Darkstore does not directly collect or store any payment card information provided to the Services, but it may receive information associated with your payment card information (e.g., your billing details).
Information about Your Contacts. You may choose to provide us with your contacts list from your device or accounts.
Your Communications with Us. We collect personal information from you such as email address, phone number, or mailing address when you request information about our Services, register for our newsletter, or otherwise communicate with us.
Surveys. We may contact you to participate in surveys. If you decide to participate, you may be asked to provide certain information which may include personal information.
Interactive Features. We may offer interactive features such as review forums, commenting functionalities, favorites lists, blogs, and social media pages. We and others who use our Services may collect the information you submit or make available through these interactive features. Any content you provide on the public sections of these features will be considered “public” and is not subject to the privacy protections referenced herein. By using these interactive features, you assume the risk that the personal information provided by you may be viewed and used by third parties for their own purposes.
Customer Service and Support. If you call or otherwise interact with Darkstore’s customer service and support, we may collect the information you provide to our representatives. In addition, we may record telephone calls between you and our representatives for training and quality assurance purposes.
Conferences, Trade Shows, and Other Events. We may attend conferences, trade shows, and other events where we collect personal information from individuals who interact with or express an interest in Darkstore and/or the Services. If you provide us with any information at one of these events, we will use it for the purposes for which it was collected.
Business Development and Strategic Partnerships. We may collect personal information from individuals and third parties to assess and pursue potential business opportunities.
Brand Personnel. If you are an employee, contractor, or other authorized user of a Brand that we have partnered with, we may collect personal information such as your name and email address when you use our Services on behalf of the Brand.
Job Applications. We may post job openings and opportunities on the Services. If you reply to one of these postings by submitting your application, CV and/or cover letter to us, we will collect and process the information contained therein to assess your suitability, aptitude, skills, and qualifications for employment with Darkstore.
Data Generated from Shopping with Darkstore. We may collect information that is generated when you search or shop for products using the Services. For example, we may collect information such as the items or keywords you search for, details about your search criteria, the Brands that you browse, items that you view, items that you place on your wish list, your interests, and other information.
Automatic Data Collection. We may collect certain information automatically when you use the Services. This information may include your Internet protocol (IP) address, user settings, MAC address, cookie identifiers, mobile advertising and other unique identifiers, details about your browser, operating system or device, location information (including inferred location based off of your IP address), Internet service provider, mobile carrier, other users of the Service that you follow or that follow you, pages that you visit before, during and after using the Services, information about the links you click, information about how you interact with the Services, including the frequency and duration of your activities, and other information about how you use the Services. Information we collect may be associated with accounts and other devices.
Cookies, Pixel Tags/Web Beacons, and Analytics Information. We, as well as third parties that provide content, advertising, or other functionality on the Services, may use cookies, pixel tags, local storage, and other technologies (“Technologies”) to automatically collect information through the Services. Technologies are essentially small data files placed on your device that allow us and our partners to record certain pieces of information whenever you visit or interact with our Services.
Cookies. Cookies are small text files placed in device browsers to store their preferences. Most browsers allow you to block and delete cookies. However, if you do that, the Services may not work properly.
Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded in the Services that collects information about engagement on the Services. The use of a pixel tag allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement. We may also include web beacons in e-mails to understand whether messages have been opened, acted on, or forwarded.
Analytics. We may use Google Analytics and other service providers to collect and process analytics information on our Services. For more information about how Google uses data, please visit https://www.google.com/policies/privacy/partners/. You can opt out of Google Analytics’ collection and processing of data generated by your use of our website by going to https://tools.google.com/dlpage/gaoptout.
We may obtain information about you from other sources, including from third party services and organizations. For example, if you access our Services through a third-party application, such as a social networking site, we may collect information about you from that third-party application that you have made available via your privacy settings. In addition, individuals may upload their contacts lists to the Services.
HOW WE USE YOUR INFORMATION
We use your personal information for a variety of business purposes, including:
To Provide the Services or Information Requested, such as:
Administrative Purposes, such as:
Marketing Our Products and Services. We may use personal information to tailor and provide you with content and advertisements. We may provide you with these materials as permitted by applicable law including, but not limited to, by email, telephone and text message (including via automatic telephone dialing system), direct mail, and custom audiences advertising. Consent for calls and texts is not required as a condition to purchase products or services. Message and data rates may apply.
If you have any questions about our marketing practices or if you would like to opt out of the use of your personal information for marketing purposes, you may contact us at any time as set forth below.
Consent. We may use personal information for other purposes that are clearly disclosed to you at the time you provide personal information or with your consent.
De-identified and Aggregated Information Use. We may use personal information and other data about you to create de-identified and/or aggregated information, such as de-identified demographic information, de-identified location information, information about the device from which you access our Services, or other analyses we create. De-identified and/or aggregated information is not personal information, and we may use and disclose such information in a number of ways, including research, internal analysis, analytics, and any other legally permissible purposes.
Share Content with Friends or Colleagues. Our Services may offer various tools and functionalities. For example, we may allow you to provide information about your friends through our referral services. In addition, you may create a favorites list and share this content with a friend or colleague. Please note that favorite lists are not private and can be viewed by anyone with the URL to the favorites list.
How We Use Automatic Collection Technologies. We, as well as third parties that provide content, advertising, or other functionality on the Services, may use cookies, pixel tags, local storage, and other technologies to automatically collect information through the Services. Our uses of these Technologies fall into the following general categories:
Operationally Necessary. This includes Technologies that allow you access to our Services, applications, and tools that are required to identify irregular site behavior, prevent fraudulent activity and improve security or that allow you to make use of our functionality;
Performance Related. We may use Technologies to assess the performance of our Services, including as part of our analytic practices to help us understand how our visitors use the Services;
Functionality Related. We may use Technologies that allow us to offer you enhanced functionality when accessing or using our Services. This may include identifying you when you sign into our Services or keeping track of your specified preferences, interests, or past items viewed;
Advertising or Targeting Related. We may use first party or third-party Technologies to deliver content, including ads relevant to your interests, on our Services or on third party sites.
DISCLOSING YOUR INFORMATION TO THIRD PARTIES
We may share your personal information with the following categories of third parties:
Brands. When you place an order, Darkstore will share your order and any related personal information with the Brand whose products you have purchased so that the Brand can fulfill your order.
Service Providers. We may share any personal information we collect about you with our third-party service providers. The categories of service providers to whom we entrust personal information include service providers for: (i) the provision of the Services; (ii) the provision of information, products, and other services you have requested; (iii) marketing and advertising; (iv) payment and transaction processing; (v) customer service activities; and (vi) the provision of IT and related services.
Other Users and Individuals. As part of the functionality of our Services, your personal information may be shared with or accessible to other users or individuals.
For example, you may create a favorites list. You may also choose to follow other users on the Services and other users may choose to follow you. This information may be viewed by others. As mentioned above, favorites lists are not private and can be viewed by anyone with the URL to the favorites list.
In addition, if a user uploads their contacts list to our Services and the information that they upload is connected with another user account, the user who uploaded this information will be able to see that their contact is also a user of our Services along with related information (e.g. their contact’s profile picture and the date their contact joined the Services). Similarly, if a user uploads their contacts list to the Services and a contact starts using the Service at a later date, the user who uploaded the contacts list will get a notification once their contact joins the Services.
Business Partners. We may provide personal information to business partners to provide you with a product or service you have requested. We may also provide personal information to business partners with whom we jointly offer products or services.
Affiliates. We may share personal information with our affiliated entities.
Advertising Partners. Through our Services, we may allow third party advertising partners to set Technologies and other tracking tools to collect information regarding your activities and your device (e.g., your IP address, cookie identifiers, page(s) visited, location, time of day). These advertising partners may use this information (and similar information collected from other websites) for purposes of delivering targeted advertisements to you when you visit third party services within their networks. This practice is commonly referred to as “interest-based advertising” or “personalized advertising.” If you prefer not to share your personal information with third party advertising partners, you may follow the instructions below.
APIs and Software Development Kits. We may use third party APIs and software development kits (“SDKs”) as part of the functionality of our Services. APIs and SDKs may allow third parties including advertising partners to collect your personal information in order to provide content that is more relevant to you. For more information about our use of APIs and SDKs, please contact us as set forth below.
Brands (Brand Personnel Only). In cases where you use our Services as an employee, contractor, or other authorized user of a Brand, that Brand may access information associated with your use of the Services including usage data and the contents of the communications and files associated with your account. Your personal information may also be subject to the Brand’s privacy policy. We are not responsible for the Brand’s processing of your personal information.
Disclosures to Protect Us or Others. We may access, preserve, and disclose any information we store in association with you to external parties if we, in good faith, believe doing so is required or appropriate to: (i) comply with law enforcement or national security requests and legal process, such as a court order or subpoena; (ii) protect your, our, or others’ rights, property, or safety; (iii) enforce our policies or contracts; (iv) collect amounts owed to us; or (v) assist with an investigation and prosecution of suspected or actual illegal activity.
Disclosure in the Event of Merger, Sale, or Other Asset Transfer. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, purchase or sale of assets, or transition of service to another provider, then your information may be sold or transferred as part of such a transaction, as permitted by law and/or contract.
INTERNATIONAL DATA TRANSFERS
All information processed by us may be transferred, processed, and stored anywhere in the world, including but not limited to, the United States or other countries.
YOUR CHOICES
General. You may have the right to opt out of certain uses of your personal information by Darkstore. Please note that you will need to separately contact the Brand to see what choices you may have regarding the Brand’s processing of your personal information.
Email Communications. If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt out of receiving future emails. Note that you will continue to receive transaction-related emails regarding products or Services you have requested. We may also send you certain non-promotional communications regarding us and our Services, and you will not be able to opt out of those communications (e.g., communications regarding the Services or updates to our Terms of Service or this Privacy Policy).
Text Messages. You may opt out of receiving text messages by replying “STOP” to a text message you have received from us or by otherwise contacting us.
Mobile Devices. We may send you push notifications through our mobile application. You may at any time opt out from receiving these types of communications by changing the settings on your mobile device. With your consent, we may also collect precise location information if you use our mobile application. You may opt out of this collection by changing the settings on your mobile device.
“Do Not Track”. Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.
Cookies and Interest-Based Advertising. You may stop or restrict the placement of Technologies on your device or remove them by adjusting your preferences as your browser or device permits. Please note that cookie-based opt-outs are not effective on mobile applications. However, you may opt-out of personalized advertisements on some mobile applications by following the instructions for Android and iOS.
The online advertising industry also provides websites from which you may opt out of receiving targeted ads from data partners and other advertising partners that participate in self-regulatory programs. You can access these websites and learn more about targeted advertising and consumer choice and privacy, at https://www.networkadvertising.org/managing/opt_out.asp, https://www.youronlinechoices.eu/, https://youradchoices.ca/choices/, and https://www.aboutads.info/choices/.
Please note you must separately opt out in each browser and on each device.
YOUR PRIVACY RIGHTS
For purposes of the California Consumer Privacy Act, we do not “sell” your personal information.
In accordance with applicable law, you may have the right to: (i) obtain access to or a copy of your personal information; (ii) receive an electronic copy of personal information that you have provided to us, or ask us to send that information to another company (the “right of data portability”); and (iii) request erasure of personal information held about you by us, subject to certain exceptions prescribed by law. If you would like to exercise any of these rights, please contact us as set forth below.
We will process such requests in accordance with applicable laws. To protect your privacy, we will take steps to verify your identity before fulfilling your request.
California residents have the right not to receive discriminatory treatment by Darkstore for the exercise of their rights conferred by the California Consumer Privacy Act.
Please note that if you wish to exercise any of your rights with a Brand, you must contact the Brand directly.
DATA RETENTION
We store the personal information we receive as described in this Privacy Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.
SECURITY OF YOUR INFORMATION
We take steps to ensure that your information is treated securely and in accordance with this Privacy Policy. Unfortunately, no system is 100% secure, and we cannot ensure or warrant the security of any information you provide to us. To the fullest extent permitted by applicable laws, we do not accept liability for unauthorized disclosure.
By using the Services or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Services, by mail or by sending an email to you.
THIRD PARTY WEBSITES/APPLICATIONS
The Services may contain links to other websites/applications, including Brands, and other websites/applications may reference or link to our Services. These third-party services are not controlled by us. We encourage our users to read the privacy policies of each website and application with which they interact. We do not endorse, screen or approve, and are not responsible for, the privacy practices or content of such other websites or applications. Providing personal information to third-party websites or applications is at your own risk.
CHILDREN’S INFORMATION
The Services are not directed to children under 13, and we do not knowingly collect personal information from children. If you learn that your child has provided us with personal information without your consent, you may contact us as set forth below. If we learn that we have collected a child’s personal information in violation of applicable law, we will promptly take steps to delete such information and terminate the child’s account.
CHANGES TO OUR PRIVACY POLICY
We may revise this Privacy Policy from time to time in our sole discretion. If there are any material changes to this Privacy Policy, we will notify you as required by applicable law. You understand and agree that you will be deemed to have accepted the updated Privacy Policy if you continue to use the Services after the new Privacy Policy takes effect.
CONTACT US
If you have any questions about our privacy practices or this Privacy Policy, please contact us at:
Darkstore, Inc.
19 Butte Place, San Francisco, CA, 94103
[email protected]