By using this VarageSale application ("VarageSale"), you agree to be bound by the VarageSale Privacy Policy and user policies including the Prohibited Item List ("Policies") and VarageSale Terms of Service ("Terms"). This is an agreement between you and VarageSale, and not with Apple. Apple is not responsible for VarageSale and the content thereof. Certain features of VarageSale may require you to be a VarageSale member or provide personal information and your use of these features and VarageSale is also subject to the VarageSale Policies and Terms.
VarageSale, Inc. ("VarageSale"/"we"/"us"/"our") owns and operates the VarageSale website located at http://www.varagesale.com ("Site") and the VarageSale mobile applications available for download via various platforms ("Apps"), collectively referred to as the "VarageSale Platform". The VarageSale Platform is a conduit for registered users ("Members") to buy and sell goods. Our Terms of Service ("Terms"), privacy policy and user policies including our Prohibited Item List ("Policies") are designed to create a fair, friendly and safe environment for all Members. Being informed on what is permitted on the VarageSale Platform can help you avoid unintentionally breaking the rules and helps create a community full of trustworthy Members.
VarageSale is always free to use. VarageSale does not charge a membership fee. VarageSale will never ask you for your credit card information.
Please read these Terms carefully as they govern our relationship with our Members and your use of the VarageSale Platform. By using the VarageSale Platform, Members are agreeing to our Terms and Policies, which may be updated from time to time at our sole discretion. VarageSale has created the Terms and Policies so that all Members follow the same basic rules of conduct. These Terms and Policies are here to benefit and protect everyone. Capitalized terms not defined in the body of these Terms are defined in Section 15.
The VarageSale Platform is an online marketplace used by "Communities" or groups comprised of Members who share common interests and/or a geographical location.
Communities are managed and moderated directly by Community administrators and moderators and/or by VarageSale (see further: Section 3 below).
Each Community may have specific rules that are not created by VarageSale and are not reviewed or controlled by VarageSale. However, if there is any discrepancy between specific rules in a Community and these Terms, these Terms will govern in all matters. If you are concerned about any specific rules in a Community, you may contact VarageSale to seek clarifications. Our contact information is at the end of these Terms.
An "Administrator" is someone who creates a Community on the VarageSale Platform and/or is given the role of administrator for a Community. Administrators are in charge of the success of a Community by keeping Members happy and involved, by promoting the Community and by encouraging the good behaviour of its Members.
A "Moderator" is someone who was generally given this title by a Community Administrator. Their primary role is to help Administrators maintain and promote the Community.
Administrators and Moderators, jointly named "Community Managers" or "Managers", have access to additional features of the VarageSale Platform which enable them to monitor and better manage their Community. The ideal Community Manager is friendly, compassionate, motivational and quick to answer its Members. Such an approach has proven time and time again to be extremely effective at fostering healthy and thriving communities.
The Community Manager's role is also to foster strong, tight knit, happy communities. From time to time this role may include helping to privately mediate conflict between Members in a peaceful and impartial manner. Their ultimate goal should be to have happy and satisfied Members who will participate in their community while encouraging others to do so. To this effect, we insist that Community Managers treat their Community Members with the utmost respect. Although Community Managers may act voluntarily as mediators, they have no legal obligation and assume no liability for resolving conflicts among Members.
Community Managers should accept people requesting to join their Community in a timely fashion to ensure a smooth and easy transition into the Community. Managers of local communities may, at their own discretion, opt to only allow people within a reasonable distance of the Community epi-centre, a location which is determined by the Community Managers, to join but may not unreasonably prevent access to people who frequently visit the Community area.
Community Managers may also occasionally and with serious cause restrict access to people committing a serious offence on the VarageSale Platform, such as but not limited to, breaches of these Terms or House Rules (as defined further below), selling stolen or counterfeit goods or other items on the Prohibited Items list. Community Managers may not restrict access to VarageSale for reasons other than their behaviour on the VarageSale Platform such as but not limited to their personal relationship with the member, their actions and status on another social network or their method of signup.
Community Managers may optionally implement "House Rules" as long as they are reasonable and do not prevent Members from benefiting fully from the VarageSale Platform. Community Managers may also not restrict Members from using certain features of the VarageSale Platform, force Members to use features in ways they were not intended or limit the frequency of their actions (such as posting) other than with the help of the tools provided by the VarageSale Platform. Additionally, Community Managers may not charge their Members any kind of fee to use VarageSale.
Community Managers may remove content they deem inappropriate, illegal or against VarageSale's Terms. They may not, however, remove Items because of how long they have been listed for, the level of or the status or past behaviour of that member in the community.
VarageSale reserves the right but shall have no obligation to monitor and/or override any House Rules or decisions made by Community Managers that do not adhere to the letter or spirit of the Terms or any other Policies that are referenced herein.
VarageSale reserves the right to revoke a Community Manager from the VarageSale Platform for breach of the VarageSale Terms of Service or for the making, publishing, ratifying or endorsing of any disparaging remarks including but not limited to defamatory or malicious content against or about VarageSale, its employees and/or its members.
VarageSale is not involved in the actual transactions between Members - sellers or buyers. For further clarity:
All agreements made for the exchange or purchase of goods or services are made directly between Members. The VarageSale Platform is a marketplace in which the communication between sellers and buyers takes place.
VarageSale does not pre-screen or vet the products or services offered by sellers through the site. Buyers should do their own due diligence. In other words – buyer beware.
Buyers and Sellers must be over the age of 18 when buying or selling any Item through the VarageSale Platform.
Sellers must be legally able to sell the Item(s) posted for sale. Sellers represent and warrant that they are the sole owners of Items they offer for sale on the VarageSale Platform.
Sellers are solely responsible for pricing their items, and for calculating, remitting and repaying all applicable taxes in respect of goods or services they sell through the VarageSale Platform.
Disputes between buyers and sellers must be resolved between them. Members may elect to inform Community Managers of disputes. Community Managers and/or VarageSale may at their own discretion endeavour to assist where possible in the resolution of member disputes. VarageSale may be called upon via email at http://contact.varagesale.com to assist in resolution of disputes. VarageSale will, at its own discretion, endeavour to help resolve disputes as an informal mediator based on its experience working with the membership, however responsibility for resolution of disputes remains solely with buyers and sellers.
VarageSale has a no tolerance policy for breach of its Terms and Policies including but not limited to if a member is reported or found to be selling Prohibited Items, VarageSale reserves the right to remove the item and/or, subject to the severity of the breach, the member from VarageSale.
The VarageSale Platform is used for the posting of Items for sale by third parties and we do not advertise or sell our own products or services through the VarageSale Platform. As a result, we have no control over and, to the extent permitted by law, make no representations, warranties or conditions in relation to the merchantability, suitability, quality, safety or legality of any items advertised for sale on VarageSale although we do aim to ensure a safe marketplace through these Terms, our Policies and the requirements of our Prohibited Items list which all users must adhere to on the Site.
VarageSale prohibits the sale of a number of items, such as firearms, regulated products and services and illegal goods and services. A non-exhaustive list of these items is available here: Prohibited Items ("Prohibited Items"). It is up to Members to ensure that they are not posting any goods or services that are illegal in their jurisdictions. This list is updated from time to time and is the part of VarageSale's Terms and Policies. VarageSale may, at its sole discretion and without notice, remove any item, content or information that it views as being a Prohibited Item. Community Managers also have authority within their community/communities to remove Prohibited Items without notice. Members may report any Prohibited Items they see posted via email at http://contact.varagesale.com.
VarageSale is committed to prioritizing the safety of members buying and selling online using our platform. Please view our safety pledge at http://welcome.varagesale.com/safety-pledge.
We do our very best to keep the VarageSale Platform safe but we also rely upon our Members to help. This includes the following commitments from each member:
You acknowledge that by using the VarageSale Platform, you might be exposed to materials that you consider offensive, indecent or objectionable. Under no circumstances will VarageSale be liable in any way for such materials or content but if you see any offensive or otherwise objectionable content on the VarageSale Platform (eg. offers for sale or requests to purchase) please inform us. VarageSale reserves the right, but not the obligation to regulate content on the VarageSale Platform. As stated previously, VarageSale also has the right in its sole discretion to limit, modify, suspend or discontinue or remove any content. However, VarageSale and its representatives shall not be liable for any losses, damages or harm resulting from such action or inaction.
In order to build a strong trusted community of people, we ask that you provide your real name or an identifying name when creating a VarageSale account. Any small business creating an account must provide the full name of the proprietor/owner, not just a business name. You will be solely responsible and liable for any and all loss, damage, and additional costs that we or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information as needed.
Here are the commitments Members make to us relating to registering and maintaining the security of their account:
Members own the content and information they post on VarageSale. In addition:
For content that is covered by intellectual property rights, like photos and videos, Members grant VarageSale a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license right to use, modify, publish, transmit, make available and otherwise exploit content that is posted by Members on the VarageSale Platform and in any other media for administrative and promotional purposes. By posting content on the VarageSale Platform, Members represent and warrant that they have the necessary rights to grant the license rights granted herein.
Members can delete content and information, however if you share information with other Members that information and content may remain available to those Members and the persons with whom they have shared that content and information.
By posting content or information on Members are permitting other Members, to access, share and use that information, and to associate it with themselves (i.e. a member's name and profile picture may appear along side information they post or that is shared).
In order to fully benefit from the VarageSale Platform and related services, you need to be a registered user and provide certain personal information to us in connection with setting up your account. For information about how we collect, use and store personal information, please refer to our Privacy Policy.
Access to our mobile applications (Apps) is provided free of charge. Mobile carrier rates and fees, such as text messaging and data charges may apply. If you download the App from a third party platform provider (eg. App Store; Google Play) ("Platform Provider"), you acknowledge and agree to the following additional terms:
This Agreement is concluded solely between VarageSale and you and not with Platform Provider, and VarageSale not Platform Provider, is solely responsible for the App and the content thereof. To the extent this Agreement provides for usage rules for the App which are less restrictive or in conflict with the Platform Provider's Terms of Service, the more restrictive or conflicting Platform Provider term will take precedence and will apply;
Platform Provider has no obligation whatsoever to provide any maintenance and support services with respect to the App. VarageSale is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Platform Provider, and Platform Provider will refund the purchase price for App to you and to the maximum extent permitted by applicable law, Platform Provider will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be VarageSale's sole responsibility;
VarageSale, not Platform Provider, is responsible for addressing any claims you may have or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation.; and/or (iv) intellectual property infringement claims; and
Platform Provider, and Platform Provider's subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Platform Provider will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
VarageSale is free to use, including creating an account, joining and participating in Communities as well as downloading and using our Apps.
Transactions between Buyers and Sellers will vary in value and are negotiated directly between Buyers and Sellers. If you are a Seller you are committing to selling items at the cost agreed with a particular Buyer.
DISCLAIMER. THE INFORMATION AND MATERIALS PROVIDED ON THE VARAGESALE PLATFORM ARE PROVIDED "AS IS." WE DO NOT REPRESENT, WARRANT OR OFFER ANY CONDITIONS THAT: (I) THE INFORMATION OR MATERIALS ON THE VARAGESALE PLATFORM ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE FUNCTIONS CONTAINED ON THE VARAGESALE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE; OR (III) THE VARAGESALE PLATFORM OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SPECIFICALLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE VARAGESALE PLATFORM OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE VARAGESALE PLATFORM OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE VARAGESALE PLATFORM, AND WE SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SELLER.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE, THE VARAGESALE PLATFORM OR ANY OF THE INFORMATION OR MATERIALS CONTAINED ON THIS WEBSITE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE VARAGESALE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
Release. Because we do not control Buyers, Sellers or any Members, you agree that you bear all risk and you agree to release us (and our officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) and our designees from claims, demands, and damages (actual and consequential) of every kind and nature, now and in the future, arising out of or in any way connected with your use of the VarageSale Platform.
Members may terminate their account and/or stop using VarageSale at any time. VarageSale reserves the right to, at any time, under any circumstances and without prior notice, immediately ban or terminate or suspend all or a portion of a member's account and/or access to VarageSale. Cause for such termination shall include but is not limited to: Violations of the letter or spirit of these Terms or any other Policies that are referenced herein and/or posted on VarageSale; A request by a member to cancel or terminate an account they opened; Discontinuance or material modification to VarageSale or any party thereof; A request and/or order from law enforcement, a judicial body, or other government agency; where provision of the VarageSale, or any component thereof, to a member is or may become unlawful; unexpected technical or security issues or problems; or participation in fraudulent or illegal activities. Any such termination or suspension shall be made by VarageSale in its sole discretion, and VarageSale will not be responsible to any member or any third party for any damages that may result or arise out of such termination or suspension of an account and/or access to VarageSale.
These Terms are governed by the laws of Ontario, without regard to conflict of laws principles. If anyone brings a claim against us related to a Member's actions, content or information on VarageSale, that Member will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for member conduct, we do not control or direct Members' actions on VarageSale and are not responsible for the content or information Members transmit or share on VarageSale. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information that may be encountered on VarageSale. We are not responsible for the conduct, whether online or offline, or any member of VarageSale.
You agree that any cause of action that You may have arising out of or related to this Website or your use of the VarageSale Platform must commence within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS OF USE, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO ANY CLAIMS ARISING IN RELATION TO THE VARAGESALE PLATFORM, OR SERVICES OFFERED THROUGH THE VARAGESALE PLATFORM.
"Administrator" means a Member of VarageSale who is responsible for the management and moderation of one or more Communities. Also referred to as Community Managers, jointly with Moderators.
"Buyer" means any Member who connects with one or more Sellers with the intent of purchasing Items.
"Item" means good(s) and/or services posted for sale by a Seller via the VarageSale Platform.
"Member Data" means any data, including a member's content or information that Members can retrieve from or provide to VarageSale.
"Moderator" means Members of VarageSale who are responsible for the moderation of one or more Communities.
"Seller" means any Member that posts or makes Item(s) available for sale or for free through the VarageSale Platform.
We do not permit copyright infringing activities and infringement of intellectual property rights and will remove any photos or other content if properly notified that such content infringes on another's intellectual property rights. If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyright, you may submit a notification by providing our Copyright Agent with the following information in writing:
You can contact our Copyright Agent via email at copyright@verticalscope.com.
Nothing in these Terms and Policies shall prevent us from complying with the law. We reserve all rights not expressly granted herein. Amendments to these Terms and Policies may be made from time to time without prior notice. Full and up-to-date Terms and Policies are available at http://www.varagesale.com for reference. Your use of the VarageSale Platform after any amendments or updates to these Terms and Policies shall signify your acceptance of such revised terms. You should visit this page periodically to review these Terms of Use. Members must comply with all applicable laws when using or accessing VarageSale. VarageSale uses mapping data provided by OpenStreetMap (see further: Privacy Policy). All content provided by VarageSale and forming part of the VarageSale Platform, such as text, graphics, logos, is the property of VarageSale, Inc. or its suppliers and is protected by Canadian and international copyright laws. You shall not attempt to override or circumvent any of the usage rules or restrictions on the VarageSale Platform. In the event that any provision or part thereof is determined by a court of competent jurisdiction to be unenforceable, such provision, or part thereof, shall be deemed to be severed from this Agreement and the remaining provisions of this Agreement shall continue in full force and effect and shall be binding upon the parties hereto as though such severed provision had not formed part of this Agreement.
Third Party Beneficiary. Apple and Apple's subsidiaries are third party beneficiaries of this Privacy Policy and Terms of Service, and upon your acceptance, Apple as a third party beneficiary thereof will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you.
VarageSale is located at 111 Peter St, Suite 600, Toronto, ON, M5V 2H1.
Varage on!
— Your friends at VarageSale
Effective Date: June 29, 2023
This Privacy Policy describes how VerticalScope Inc. and its subsidiaries and corporate affiliates (collectively, "VerticalScope", "we", "us" or "our") collects information through our websites and mobile or other applications on which this Privacy Policy is posted (collectively, the "Sites") and, subject to the privacy policies of those third party platforms, through our accounts on various third party social media platforms. This Privacy Policy also describes how we may use and disclose this information and the rights you have with respect to your information.
Click on one of the links below to jump to the listed section:
We collect different categories of information from and about you from different sources, as described in more detail in this section.
We collect information you provide to us directly when you use our Sites. This includes:
When you use or access our Sites, we may also automatically collect information about you from your device. This includes:
We collect the following information about you from third parties:
We generally use the information we collect about you to operate, manage and maintain our business, to provide our products and services, and to accomplish our business purposes and objectives, including:
Legal bases for use of your information: The laws in certain jurisdictions require us to tell you the "legal bases" on which we process your information. Our legal bases for using your information as set out in this Privacy Policy are as follows:
We may aggregate and/or de-identify information collected through the Sites. To the extent permitted by applicable laws, we may use de-identified and/or aggregated data for any purpose, including without limitation for research and marketing purposes, and may also disclose such data to any third parties, including advertisers, promotional partners, sponsors, and/or others.
We, our service providers and third-party advertising partners use technologies that automatically collect information about Site visitors and their visits to the Sites, as described below.
Specifically, we automatically collect information about how you access, navigate and leave our Site, including the website you came from before visiting our Site, what browser type and operating system you are using, the internet protocol (IP) address you are accessing the Site from, your mobile device ID or Advertising ID if you visit our Site from a mobile device, the pages of our Site that you are navigating through, the date and time of your visit, how long you spend on our Site or certain pages of our Site, and what website you go to after visiting our Site. This information may be used to determine how many visitors visit our Site or certain areas of our Site, how long they remain on our Site, whether they use the hyperlinks we provide or respond to advertising and to tailor our advertisements to you. We may disclose this information to partners who referred you to our Site, and with advertising partners, who may use the information to optimize the traffic they send to us and for delivering targeted ads to you when you visit other websites.
We, our service providers and third-party advertising partners collect information about Site visitors using cookies and other tracking technologies (including browser cookies and pixels). We use these technologies to remember your preferences and facilitate your navigation of our Site. We and our service providers and third-party advertising partners also use these technologies to track your activities on our Site and other websites, including the websites and web pages that you visited, the ads or content that you clicked on, any items you may have purchased and the search terms you used, in order to deliver tailored advertising to you. We may also disclose a unique identifier linked to you (such as a hashed or encrypted version of your email address or telephone number) with advertising partners so that you may be served with tailored advertising on our websites or other third party websites. However, you may opt out of network advertising programs that track your activities across multiple websites to deliver personalized advertising content to you by visiting Digital Advertising Alliance of Canada Opt-Out Page, Your Online Choices from the European Interactive Digital Advertising Alliance, NAI Opt-Out Page and the Ad Choices Opt-Out Page.
If you would prefer not to accept cookies, most browsers will allow you to: (i) change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; (ii) disable existing cookies; or (iii) set your browser to automatically reject any cookies. You may also set your e-mail options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether you have accessed our e-mail and performed certain functions with it.
We use Google Analytics to help us understand how our Site visitors use the Site, and as well as certain features of Google Analytics Display Advertising to advertise online, sell advertising and to develop content. You can opt out of your usage data being included in our reports from Google Analytics and customize Google's Display Network ads. Please visit Google's Ad Settings and Google Analytics Opt-out Browser Add-on. Please visit How Google uses data when you use our partners' sites or apps for a description of how Google uses information sent by our browser and for ways you can control the information sent to Google. We also use certain third parties to engage in certain targeted advertising activities across our Sites. To opt out of LiveRamp's targeted advertising activities, please visit https://liveramp.com/opt_out/.
For additional ways to out of targeted advertising and related activities under applicable law, see the Your Rights and Choices section below.
We may disclose information we collect about you in the following circumstances.
We disclose information about you to our affiliates and subsidiaries under common ownership and/or control with us in accordance with applicable law.
As described above in the Cookies, tracking technologies and interest-based advertising section, we may share certain information about your device and browsing habits with third-party advertising partners to present you with more relevant advertising about our Sites as you browse the Internet.
We may use service providers (including affiliates acting in this capacity) to provide services to us or to you on our behalf. For example, our service providers may host our Site, analyze data collected from our Site, provide customer service on our behalf, administer our promotions, facilitate and process transactions and payments, provide marketing or promotional assistance, distribute emails and other communications, post our advertisements (including online through targeted advertising campaigns), and collect your feedback on our Site and advertisements. We disclose your information to our service providers solely for the purposes of providing services to you and to us. They are not permitted to use your information for other purposes. Some of our service providers are located outside of Canada, including in the United States. While your information is located outside of Canada, it will be subject to legal requirements applicable to our service providers, for example, lawful requirements to disclose information to national security agencies or government authorities in certain circumstances. For Quebec residents, your personal information may be processed by us and our service providers outside of Quebec. Additionally, the parties to whom we may disclose your personal information as described in this privacy policy may also be located outside of Quebec.
As explained above, we may create aggregate or de-identified information that cannot reasonably be linked to you or your device. We may use and disclose this information for any purpose.
We may disclose your information to third parties with your consent. For example, if you provide us with your contact information, such as an e-mail address, for the purposes of signing up for information, newsletters, contests, or marketing offers from a third party, or for receiving business offers or service quotes from a third party, we may disclose your information for that purpose. Once disclosed for these purposes, your information will be subject to the privacy policy of that third party.
We may disclose your information to third parties in connection with the proposed or actual financing, securitization, insuring, merger, sale, assignment or other disposal of all or part of VerticalScope or our business or assets. These third parties may use the information for the purposes of evaluating and/or completing the proposed transaction and thereafter as a successor of our interests.
We may disclose your information in other circumstances in good faith where permitted or required by law or other legal process. For example, we may disclose your information: (a) to collect a debt owed to us; (b) as necessary to comply with a subpoena, warrant, court order or other legal process; (c) if disclosure is requested by an investigatory body, law enforcement official or governmental authority which has lawful authority to request the disclosure of the information in respect of an investigation or other legal process; or (d) if we have reasonable grounds to believe that the information relates to a breach of an agreement or contravention of a law, or to protect the personal safety of our users or defend our rights or property.
The security of your information is important to us. While we have implemented safeguards to protect the information we collect, no website or internet transmission is completely secure, and we cannot and do not guarantee the security of your information. We urge you to take steps to keep your information safe, such as choosing a strong password and keeping it private, as well as logging out of your user account, and closing your web browser when you have finished using a Site on a shared or unsecured device.
We maintain information on our servers (or those of our service providers). This information will be accessible to authorized employees, representatives and service providers as necessary for the purposes described in this Privacy Policy. Certain accounts you create on our Sites are password protected. If you create an account on the Site, you are responsible for maintaining the strict confidentiality of your account password, and you shall be responsible for any activity that occurs using your account credentials, whether or not you authorized such activity. Please notify us of any unauthorized use of your password or account or any other breach of security.
If you correspond with us by email, text message, or using web forms like a "contact us" feature on the Sites, you should be aware that your transmission might not be secure or considered confidential. A third party could view the information you send in transit by such means or we could disclose the information you send in accordance with this Privacy Policy. We will have no liability for disclosure of your information, including due to errors or unauthorized acts of third parties during or after transmission.
Information Retention: We keep your information for no longer than necessary for the purposes for which it is processed. The length of time for which we retain information depends on the purposes for which we collected and use it and/or as required to comply with applicable laws.
Our Site may link or direct you to other websites, services or external content provided by third parties. We do not exercise any control over these third-party websites or services. We are not responsible for the privacy practices of such third-party websites or services. We recommend that you read the privacy policy for any third-party website that you visit or service that you use.
Our Sites are not directed to and we do not knowingly request or collect "personal information" (as defined in applicable law) from children - persons under 13 years of age, or another age if required by applicable law - without prior verifiable parental consent. If we become aware that we have unknowingly collected personal information about a child without verifiable parental consent, we will delete this information from our records or, if that is not reasonable, we will take reasonable available steps to de-identify the information.
Depending on your jurisdiction, you may have the right to make certain requests regarding your "personal information" or "personal data" (as such terms are defined under applicable law, and collectively referred to herein as "personal information"). Specifically, you may have the right to ask us to:
You may also have the right to opt out of "sales" of your information and "sharing/use of your information for targeted advertising" as described below in subsection c.
If you have an account with us, you can access and correct certain of the information in your account or public user profile by logging in to your account or profile and making the necessary edits.
As provided in applicable law, you also have the right to not be discriminated against for exercising your rights. Please note that certain information may be exempt from such requests under applicable law. For example, we need to retain certain information in order to provide our Sites to you. We also need to take reasonable steps to verify your identity before responding to a request, which may include, at a minimum, depending on the sensitivity of the information you are requesting and the type of request you are making, verifying your name and email address. You are also permitted to designate an authorized agent to submit certain requests on your behalf. In order for an authorized agent to be verified, you must provide the authorized agent with signed, written permission to make such requests or a power of attorney. We may also follow up with you to verify your identity before processing the authorized agent's request. If you would like further information regarding your legal rights or would like to exercise any of them, please submit your request using the information in the "How to contact us" Section below.
Depending on applicable law, you may have the right to appeal our decision to deny your request, if applicable. If we deny your request, we will provide you with information on how to appeal the decision, if applicable, in our communications with you.
You may opt out of receiving promotional communications from us at any time by following the unsubscribe instructions included in each communication and/or by selecting your communication preferences in your account or profile, if applicable. Please understand that it may take us a few days to process any opt-out request and that even if you opt out of receiving promotional correspondence from us, we may still contact you in connection with your account, activities, transactions and communications with us.
As explained in the "Cookies, tracking technologies, and interest-based advertising" Section above, we provide information about your device and online browsing activities to third-party advertising providers for targeted advertising purposes, so that we can provide you with more relevant and tailored ads regarding our services, and related advertising analytics services. The disclosure of your information to these third parties to assist us in providing these services may be considered a "sale" of personal information under applicable law in the United States or the processing/sharing of "personal information" (as defined in applicable law) for targeted advertising purposes.
If you are a U.S. resident and would like to opt out of our online disclosure such as through cookie and pixel technology of your personal information for purposes that could be considered "sales" for those third parties' own commercial purposes, or "sharing" for purposes of targeted advertising, please click on the "Your Privacy Choices" icon accessible on the footer of the Site. Please note that you will need to exercise your choice on each browser and each device you use to access the Sites. Also, if you have certain settings selected in your browser (including pop-up blockers) you may need to re-configure those settings to adjust your settings. You can also submit a request to opt out of our offline disclosures of information (i.e., those not based on cookie/pixel technology) that are subject to applicable opt out rights by emailing us at privacy@verticalscope.com. Please note that we do not knowingly sell the personal information of minors under 16 years of age.
Please note that if you have a legally-recognized browser-based opt out preference signal turned on via your device browser, we recognize such preference in accordance with applicable law.
The information discussed in this Policy is processed in Canada and the United States by VerticalScope, whose principal office in Canada. Our contact information can be found below. Your information will be processed in Canada and the United States for the purposes described herein. As described above, we also may subcontract the processing of your data to, or otherwise disclose your data to, affiliates or service providers in countries other than your country of residence in accordance with applicable law. Such third parties may be engaged in, among other things, the provision of services to you, the processing of transactions and/or the provision of support services. By providing us with your information, you acknowledge any such transfer, storage or use.
If we provide any information about you to third party information processors, we will take appropriate measures to ensure such companies protect your information adequately in accordance with this Privacy Policy. These measures include signing Standard Contractual Clauses in accordance with EU and other data protection laws to govern the transfers of such data. For more information about these transfer mechanisms, please contact us as detailed in the "How to contact us" section below.
If applicable, you may make a complaint to the data protection supervisory authority in the country where you reside. Alternatively you may seek a remedy through local courts if you believe your rights have been breached.
If you are a California resident, the California Consumer Privacy Act ("CCPA") requires us to provide you with the following additional information about: (1) the purpose for which we use each category of "personal information" (as defined in the CCPA) we collect; and (2) the categories of third parties to which we (a) disclose such personal information for a business purpose, (b) "share" personal information for "cross-context behavioral advertising," and/or (c) "sell" such personal information. Under the CCPA, "sharing" is defined as the targeting of advertising to a consumer based on that consumer's personal information obtained from the consumer's activity across websites, and "selling" is defined as the disclosure of personal information to third parties in exchange for monetary or other valuable consideration. As discussed above in the "Cookies, tracking technologies, and interest-based advertising" Section, our use of third-party analytics services and online advertising services may result in the sharing of online identifiers (e.g., cookie data, IP addresses, device identifiers, and usage information) in a way that may be considered a "sale" or "sharing" under the CCPA.
The following chart details these activities:
| Category of personal information | Purposes of use | Categories of Third Parties to Which We Discloses this Personal Information | Categories of Third Parties to Which We "Share" and "Sell" this Personal Information for Advertising / Analytics Purposes |
|---|---|---|---|
| Contact and account information | Provide the Sites; Communicate with you; Marketing and advertising; Personalize the Sites; Improve the Sites; Business Operations; With your consent | Affiliated entities; Service providers; Online advertising partners; Entities for legal purposes; Entities for business transactions | Online advertising partners |
| Financial Account Information (collected by 3rd party payment processors on our behalf) | N/A -- we do not store | N/A -- we do not store | N/A -- we do not store |
| Transactional Information | Provide the Sites; Communicate with you; Marketing and advertising; Personalize the Sites; Improve the Sites; Business Operations; With your consent | Affiliated entities; Service providers; Online Advertising Partners; Payment Processors; Entities for legal purposes; Entities for business transactions | Online advertising partners |
| Demographic Information | Provide the Sites; Communicate with you; Marketing and advertising; Personalize the Sites; Improve the Sites; Business Operations; With your consent | Affiliated entities; Service providers; Online Advertising Partners; Payment Processors; Entities for legal purposes; Entities for business transactions | Online advertising partners |
| Customer service interaction information | Provide the Sites; Communicate with you; Improve the Sites; Business Operations; With your consent | Affiliated entities; Service providers; Entities for legal purposes; Entities for business transactions | We do not share/sell |
| Content submitted in online forums or to complete your profile (including images and videos you post) | Communicate with you; Personalize the Sites; Improve the Sites; Business Operations; With your consent | Affiliated entities; Service providers; Entities for legal purposes; Entities for business transactions | We do not share/sell |
| Surveys and sweepstakes information | Communicate with you; Marketing and advertising; Personalize the Sites; Improve the Sites; Business Operations; With your consent | Affiliated entities; Service providers; Entities for legal purposes; Entities for business transactions | We do not share/sell |
| Information collected through automated technologies regarding your device and use of the Sites (including general location information) | Provide the Sites; Marketing and advertising; Personalize the Sites; Improve the Sites; Business Operations; With your consent | Affiliated entities; Service providers; Online advertising partners; Entities for legal purposes; Entities for business transactions | Online advertising partners |
| Inference data based on other information collected from and about you | Provide the Sites; Marketing and advertising; Personalize the Sites; Improve the Sites; Business Operations; With your consent | Affiliated entities; Service providers; Online advertising partners; Entities for legal purposes; Entities for business transactions | Online advertising partners |
For more information about the categories of personal information we collect, how we use it, and how we disclose it, please see the "Information we collect," "How we use the information we collect," and "How we disclose your information" sections above in our Privacy Policy.
Your Choices Regarding "Sharing" and "Selling": You have the right to opt out of our sale/sharing of your personal information for purposes of online advertising and related activities through the use of cookies and pixels by clicking here. Please note that you will need to exercise your choice on each browser and each device you use to access the Sites. Also, if you have certain settings selected in your browser (including pop-up blockers) you may need to re-configure those settings to adjust your settings. To opt out of the offline disclosure of your information to third parties for these purposes, please email us at privacy@verticalscope.com.
Other CCPA Rights.
Our services may offer opportunities to receive certain services or benefits such as discounts or free services, which may require the provision of personal information (such as in connection with a survey). Such opportunities could be considered a financial incentive under applicable law (each, an "Incentive Program"). When you participate in an Incentive Program, you agree to the terms of that Incentive Program, if applicable, and may revoke your participation depending on the Incentive Program (e.g., by opting out of emails or participation in future surveys). To the extent we can determine the value of your information, we consider the value of providing you with a more personalized experience as well as the expenses we incur in providing Incentive Programs that are reasonably related to the costs associated with offering the Incentives.
The CCPA also allows you to limit the use or disclosure of your "sensitive personal information" (as defined in the CCPA) if your sensitive personal information is used for certain purposes. Please note that we do not use or disclose sensitive personal information other than for business purposes for which you cannot opt out under the CCPA.
Please see the "Your Rights and Choices" section of our Privacy Policy above for information about the additional rights you have with respect to your personal information under California law and how to exercise them.
Retention of Your Personal Information. Please see the "How we store and protect information and information retention" section above.
California "Shine the Light" disclosure. The California "Shine the Light" law gives residents of California the right under certain circumstances to opt out of the disclosure of certain categories of personal information (as defined in the Shine the Light law) with third parties for their direct marketing purposes, or in the alternative, that we provide a cost-free means for consumers to opt out of any such disclosure. We do not currently disclose your personal information to third parties for their own direct marketing purposes.
If you have any questions or comments about this Privacy Policy, please contact us at privacy@verticalscope.com, or send mail to:
VerticalScope Inc.
Attention: Privacy
111 Peter Street, Suite 600
Toronto, Ontario, M5V 2H1, Canada