Effective Date: April 19th, 2018
Last Modified: April 24th, 2018
We are committed to the protection of your privacy while you use EZSales123.
This Agreement also specifically incorporates by reference the EZSales123 Terms of Service available at the following link: [live link to terms of service].
ARTICLE 1 – DEFINITIONS:
- OWNER, OPERATOR: Bartenbach Unlimited LLC is the publisher, owner, and operator of EZSales123 and is the Party responsible for the collection of information described herein. The company shall be described as Bartenbach Unlimited, Company, Owner, or Operator. If Owner or Owner’s property shall be referred to through first-person pronouns, it shall be through the use of the following: us, we, our, ours, etc.
- YOU, the USER: You, as a business user of the EZSales123 website or as a user of any of the Bartenbach Unlimited Services, will be referred to throughout this Agreement with second-person pronouns such as you, your, yours, or as User.
- SERVICES: “Services” means any services that we make available for use on EZSales123 or through Bartenbach Unlimited.
- PERSONAL INFORMATION: “Personal Information” means any identifying information that we obtain from you in connection with your use of the EZSales123 website.
- NON-PERSONAL CONTENT: “Non-Personal Content” means information and content we may obtain as a result of your use of EZSales123 that may not be personally identifying.
ARTICLE 2 – MODIFICATIONS AND REVISIONS:
ARTICLE 3 – INFORMATION COLLECTED & MANNER OF COLLECTION:
Through your use of EZSales123, you will be subject to different types of information collected and different manners of collection:
- Registration: You, as a User of EZSales123, will be asked to register to use EZSales123 to access any of the Services thereon, such as to list or purchase items. When you register, the Company collects contact information such as your legal name, primary email address, physical address, phone number and/or fax number. At the time of your registration, if you are a Seller on EZSales123, you will be asked for billing information so that we may charge your payment method for the flat fee associated with the use of EZSales123. Such billing information may include all details such as credit card number, billing address, and verification data. We may also request tax identification information.
- Use: Through your use of EZSales123, you may be asked questions about how to improve EZSales123 or you may, at some point, communicate with representatives of our company. We will receive the contents of your communications, answers to questions, and any other form of contact between you and our company. Additionally, when you call EZSales123 through our 800 number, you will be routed through Freedom Voice. As such, please be advised that the legal terms and agreements utilized by Freedom Voice are applicable to any calls you place to EZSales123, and calls may be recorded through the Freedom Voice system for training and quality insurance.
- User Contributions: We allow User-generated content on EZSales123 (such as item listings and the associated text and media) that Users may post, publish, display, or transmit (collectively, “User Contributions”) on or through the EZSales123 website. If we do so, please be advised that any or all of this information should be considered public and we do not purport to guarantee the security or confidentiality of User Contributions.
- Feedback Submission: Users may submit feedback to be used by Bartenbach Unlimited, at their option. If you do so, please be advised you will not receive any compensation or credit for your feedback, and that you assign all rights as described in our Terms of Service [live link to terms].
- Automatic Information: We may collect information from you through automatic tracking systems on your device, if applicable. Such information may include, but is not limited to, general device and usage information, such as access times, timezones, pages viewed, location information, referral sources, and/or your IP address. We may also automatically collect information about your search data on the EZSales123 website and item purchase lists.
- Geo-location Information: Through your IP address, we may collect location information, if your consent is given. We use this information for the provision of the EZSales123 Services to you. You have the option not to share such information with us, which can be done by denying access through your web browser.
- Combined or Aggregated Information: We may combine or aggregate some of your Personal Information in order to better serve you, and to better enhance and update EZSales123 for your and other consumers’ use. If Non-Personal Content or other non-personal data is aggregated with your Personal Information, we will treat that information according to the same principles as Personal Information.
ARTICLE 4 – HOW INFORMATION IS USED:
We primarily use your Personal Information and Non-Personal Content to provide the EZSales123 Services to you and to help Us provide the best experience possible for you and all of our Users.
We may also use Personal Information and Non-Personal Content for the following:
- Improving your User experience;
- Analyzing our aggregate User data;
- Communicating with you about your User account with Us;
- Enforcing our Terms of Service;
- Providing customer service to you; or
- Advising you about updates to EZSales123 or related Items.
ARTICLE 5 – HOW INFORMATION IS STORED:
We use secure physical and digital systems to store your Personal Information when appropriate. We also comply with data minimization principles. We collect and process only the minimal amount of personal data that is necessary for performing the operations requested by you. We do not attempt to collect any Personal Information from you that is not strictly necessary for performing the requested operations.
We ensure that your Personal Information is protected against unauthorized access, disclosure, or destructions by utilizing practices that are consistent with standards in the industry to protect your privacy. Specifically, we use an SSL certificate from Commodo SSL. We also use third-party ecommerce solution WC-Vendors, which uses WooCommerce as a base for its operations, a leader in ecommerce security.
We may store your Personal Information for any applicable legal record-keeping, including after the closure of your account, or for legitimate business purposes. We may also store your information to enforce our Terms of Service or otherwise maintain the safety and security of the EZSales123 website.
Please note, however, that no system involving the transmission of information via the internet, or the electronic storage of data, is completely secure. However, we take the protection and storage of your Personal Information very seriously and we, therefore, take all reasonable steps to protect your Personal Information.
ARTICLE 6 – HOW INFORMATION IS SHARED OR DISCLOSED:
We do not share, sell, or otherwise provide any Personal Information to any advertiser.
We may disclose your Personal Information if we believe that it is reasonable to do so in certain cases, in our sole and exclusive discretion, or if business circumstances require it. Such cases may include, but are not limited to:
- To satisfy any local, state, or Federal laws or regulations;
- To respond to requests, such discovery, criminal, civil, or administrative process, subpoenas, court orders, or writs from law enforcement or other governmental or legal bodies;
- To bring legal action against a User who has violated the law or violated the Terms of Service of EZSales123;
- As may be necessary for the operation of EZSales123;
- In the case of any business transfer, sale, or transfer of assets of Bartenbach Unlimited;
- To generally cooperate with any lawful investigation about our Users; or
- If we suspect any fraudulent activity on EZSales123, or if we have noticed any activity which may violate our Terms or other applicable rules.
ARTICLE 7 – THIRD PARTIES:
We may utilize third party service providers (“Third Party Service Providers”), from time to time, or all of the time, to help Us with EZSales123, and to help serve you. Your Personal Information may be processed through such Third Party Service Providers.
Such Third Party Service Providers may include web hosts, information storage companies, payment processors, analytics companies, and billing storage companies. We may also generally use other Third Party Service Providers to help us with the operation of EZSales123.
ARTICLE 8 – USER CONTRIBUTIONS:
ARTICLE 9 – INTERNATIONAL USERS:
ARTICLE 10 – TRANSMITTALS FROM US:
From time to time, we may send you informational communications via email related to EZSales123, such as announcements about upcoming promotions. You may also receive information from Us that is specifically about your use of EZSales123, or about your account with Us, including information about security breaches or other privacy-related matters. If we send you commercial emails, you will always be able to opt-out of receiving those and further commercial emails by clicking the Opt-Out link within the email itself.
Please be advised that EZSales123 will never send Users any text messages, nor will EZSales123 request any sensitive information in any transmittals. If you receive a text or an email purporting to be from EZSales123 requesting sensitive information, please delete the transmission immediately and log on to check the security of your EZSales123 account.
By providing any Personal Information to us, or by using EZSales123 in any manner, you have created a commercial relationship with Us. As such, you agree that any email sent from Us or third-party affiliates, even unsolicited email, shall specifically not be considered SPAM, as that term is legally defined.
Users may also opt out of future communications by e-mailing firstname.lastname@example.org.
ARTICLE 11 – COOKIES:
As you navigate through and interact with EZSales123, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, as mentioned above. This includes:
- Details of your visits, including traffic data, logs, and other communication data, as well as the resources that you access and use on the website.
- Information about your device and internet connection, including your IP address and operating system.
The information we automatically collect is statistical data and does not include Personal Information, but we may maintain it or associate it with Personal Information we collect in other ways or receive from third parties. It helps us to improve the EZSales123 website, and to deliver a better and more personalized service by enabling us to:
- Estimate our audience size and usage patterns;
- Store information about your preferences, allowing us to customize EZSales123 according to your individual interests; and
- Recognize you when you return to EZSales123.
ARTICLE 12 – MODIFYING YOUR INFORMATION:
If you wish to modify any information we may have about you, or you wish to simply access any information we have about you, you may do so by accessing your account profile or contacting us at email@example.com.
ARTICLE 13 – ACCEPTANCE OF RISK:
ARTICLE 14 – MINOR PRIVACY:
We do not allow the use of EZSales123 or any of our Services by Users under the age of 18 (eighteen). As such, we do not collect, store, or otherwise, use any Personal Information or Non-Personal Content from any minors.
ARTICLE 15 – YOUR RIGHTS:
You may choose to forego the provision of certain information to Us, but you may then be prohibited from using the EZSales123 website or any of the Services thereon. We collect the Personal Information that we do in order to maintain the integrity of EZSales123 and to help ensure the information security of all Parties.
You may also delete or terminate your account by accessing your User profile and selection the deletion option.
If you do so, however, please be advised that we may retain some or all of your Personal Information indefinitely, including, but not limited to, name, email address, listing history, and User Contributions.
ARTICLE 16 – CUSTOMER SERVICE CONTACT INFORMATION: