Last Updated: February 16, 2020
We collect your personal and non-personal information (the “Information”) in two ways: (i) Information that you provide; and (ii) Information that is automatically collected. Your provision of personal information is completely voluntary. We do not collect personal information unless you submit that information to us.
Categories of personal information we may collect include:
Additionally, we may collect certain other types of information that, along with identity and contact data, may be considered and specifically named “personal data” in certain jurisdictions, including the European Union (“EU”), such as:
IF YOU ARE SITUATED IN THE EU, PLEASE SEE THE SECTION “ADDITIONAL EU DISCLOSURES” THAT PERTAINS TO OUR COLLECTION, USE AND DISCLOSURE OF YOUR PERSONAL DATA AND ADDITIONAL RIGHTS YOU HAVE UNDER APPLICABLE LAW.
1.1. Information you provide
You may choose to provide additional personal information for your Fretish Profile, such as photograph(s), biographical information, and website URLs. You may choose to provide additional information when you create a Listing, such as photographs and descriptions of your listed item(s). If any of the content you upload, share, and/or distribute via the Platform contains personal information about yourself and/or others, such information may be stored as well.
In renting Equipment via the Platform, you may choose to submit to us a COI or link an Insurance policy to your Fretish account. The applicable Insurance policy may include personal information, and you authorize us to collect additional information from the applicable insurance company, including without limitation information related to your owned Equipment.
The Platform may provide a referral service that allows you to invite your friends and contacts to use the Platform or write a reference about you, to be published on your public profile. We may integrate the Platform with third-party sites such as Facebook, so that you can send invitation messages or requests for references via the third-party site itself. These messages will be sent by the third-party site, and Fretish does not collect or retain the contact information that is used to send them. You may also send invitation/request emails via the Platform, in which case we will ask you for the email addresses to send these emails to. We will use the information sent to us for the purpose of sending your friends and contacts a one-time email, inviting him or her to visit the Platform or to write a reference for you. With respect to referrals, we will also store the email addresses of your invitees to track if your friends join Fretish in response to your referral.
We may automatically receive, collect and record information such as (i) actions and searches you perform while interacting with the Platform or using the Services; (ii) Internet Protocol addresses; (iii) operating systems; (iv) the time, frequency and duration of the actions, visits and uses of the Platform and Services; and (v) analytics thereof. Some of the ways in which we or the Platform may collect are further described below:
Subject to the section titled “Additional EU Disclosures,” we use information held about you to perform the Services and for other purposes outlined below. Specifically, we use your information for a variety of purposes (the “use” or “treatment”), including:
Subject to the section titled “Additional EU Disclosures,” we may also use your Information by sharing or disclosing all or part of it with certain third parties:
The Platform may integrate with various social networking services. You understand that we do not control such services and are not liable for the manner in which they operate. While we may provide you with the ability to use such services in connection with the Platform, we are doing so merely as an accommodation and, like you, are relying on those third party services to operate properly and fairly.
You should be aware that Information which you voluntarily include and transmit online in a publicly accessible blog, social network, or otherwise online may be viewed and used by others. We are unable to control such uses of your Information, and by using such services, you assume the risk that the Information provided by you may be viewed and used by third parties.
You agree to immediately request that we to update or correct the Information as soon as you notice that the Information provided by you or automatically collected is inaccurate or needs to be updated, rectified or deleted. You are responsible for any inaccurate or not updated Information. You may at any time request us to delete from our records and to remove from the Platform, all or part of the Information, provided that we may retain copies of Information as required by law, for our internal record-keeping, accounting and reporting purposes, and as necessary to provide the Platform or Services. To make such correction, please send an email to firstname.lastname@example.org. All notices sent to this email will be deemed received 24 hours after the email was sent, if no "system error" or other notice of non-delivery is generated. If applicable law requires that a given communication be "in writing," you agree that email communication will satisfy this requirement.
You may have access to your Information collected by us by providing written request to email@example.com. You may access your personal data (or to exercise any of the other rights) free of charge. However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
We have put in place appropriate security measures to prevent information about you from being accidentally lost, used or accessed in an unauthorized way, altered, or disclosed; however, due to the inherent open nature of the Internet, we cannot ensure or warrant the security of any information provided online. We have put in place procedures to deal with any suspected data breach that will affect you and will notify you and any applicable regulator of a breach where we are legally required to do so.
We will only retain your information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting or reporting requirements. To determine the appropriate retention period for your Information, we consider the amount, nature, and sensitive of the Information, the purpose for which we process your Information and whether we can achieve those purposes through other means, and the applicable legal requirements. In some circumstances you can ask us to delete your data (see Request erasure below for further information). In some circumstances we may anonymize information about you (so that it can no longer be associated with you) for research or statistical purposes in which case we may use and retain this information indefinitely without further notice to you.
You may revoke the authorization granted herein on a prospective basis by sending an email to firstname.lastname@example.org and ceasing all use and access of the Platform and/or Services; however, we may continue to use Information received prior to such revocation or as needed for our legitimate business purposes, to perform under any contract between us and you, or for any other lawful purpose. If you resume or continue to access the Platform and/or Services, your authorization will be reinstated and such access or use will be deemed your consent.
The Platform and Services are not intended for children under the age of 13. If we become aware that a minor has provided his/her Information, we will have the right to remove or delete such information and to make our best efforts in limiting the access of the minor to the Platform and Services. If the minor’s parents become aware that their child is accessing the Platform, using the Services and/or providing us with his/her Information, they shall immediately contact us at email@example.com.
10.1. Our role as data controller and data processor
Fretish Marketplace, LLC acts as the data controller of your Information submitted through the Platform. If you are situated in the EU and have any complaints regarding our privacy practices as data controller, you have the right to make a complaint at any time to your local supervisory authority. However, we encourage you to contact us first at firstname.lastname@example.org, and we will do our very best to resolve your concern.
10.2. Provision of personal data and failure to provide personal data
Where we need to collect personal data by law or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with the Services). In this case, we will not be able to provide Services to you.
10.3. Legal basis for our processing of your personal data
Below are the types of lawful basis that we will rely on to process your personal data:
10.4. Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider the need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us at email@example.com. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required by law.
10.5. Collection of personal data from third party sources
We also collect data about you from various third parties and public sources:
10.6. Withdrawing your consent
If we are relying on your consent to process your personal data, you have the right to withdraw your consent at any time by contacting us at firstname.lastname@example.org.
10.7. Use of your personal data for marketing purposes
We strive to provide you with choices regarding personal data uses, particularly around marketing and advertising:
To see how you can opt out of marketing communications, please see section 6 titled “Unsubscribing Choice”
10.8. Rights of EU Data Subjects
Under certain circumstances, you have rights under data protection laws in relation to your personal data. You have the right to:
You may access your personal data (or to exercise any of the other rights) free of charge. However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
We try to respond to all legitimate requests within one month. Occasionally, it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
To exercise your rights, please contact email@example.com.
If you are a California resident this section applies to you. Under California law, California residents have the right to request in writing from businesses with whom they have an established business relationship: (i) a list of the categories of personally identifiable information, such as name, email address, and mailing address and the type of services provided to the customer that a business has disclosed to third party (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes and (ii) the names and addresses of all such third parties. To request the above information, please contact us at firstname.lastname@example.org. If you do not want your personally identifying Information shared with any third party who may use such information for direct marketing purposes, then you may opt out of such disclosures by sending an email to email@example.com.