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TERMS AND CONDITIONS

TERMS AND CONDITIONS

Last Updated: February 14, 2023

 

Please carefully read the following, as it contains important information regarding your legal rights and remedies. 

The following terms and conditions (“Terms of Service” or “Agreement”) constitute a legal agreement between you, whether as a casual visitor or as a registered user (“Member”, “you” or “your”), and HauteTrader LLC and its affiliates, successors, partners and assigns (“HauteTrader”, “we”, “us”, or “our”), and its mobile sites (the “Website”), and all content and features contained therein, including, and without limitation to, the privacy policy (collectively, the “Site”). If you do not agree with these Terms of Service or our Privacy Policy, you should not use the Services, including, and without limitation to, any related applications, e-mail notifications, newsletters, products or any other services provided by us (collectively, the “Services”). We reserve the right to change, modify or discontinue any aspect of this Site, our Services, and the terms of this Agreement, within our sole and absolute discretion, in the future and without prior notice to you, and any change shall be effective immediately after the date of such change.  

 

By accessing the Site, utilizing any of our Services, and/or registering with us, you are stating that you have read and understood, and agree to be bound by, the Agreement, including our privacy policy, which is incorporated herein by reference. You agree to use your membership on the Site and HauteTrader’s Services, in strict compliance with these Terms of Service, including our privacy policy, and all applicable laws, rules and regulations. 

 

1.     GENERAL

HauteTrader is an online community in which third-party Trade-Offer Initiators and Trade-Offer Recipients may trade fashion items and the site's virtual currency, Trade-Credits. A trade can consist of an item-for-item exchange or a Trade-Credits-for-item exchange of our Trade-Credits. A Member may be a Trade Initiator, a Trade Recipient or both. HauteTrader is the merchant of record and processes transactions for all trades from your account, including relevant shipping charges. HauteTrader does not charge for listing fees. You warrant and represent that you have the right and ability to trade the listed item and that you have provided accurate and complete details of the listing. By entering into a Trade Agreement, or posting a listing for trade, you agree to complete the transaction as described in this Agreement. Any action or inaction may be legally actionable by HauteTrader and other parties.

 

2.     ELIGIBILITY TO TRADE

Enrollment in the HauteTrader community requires that you: (1) agree to these Terms of Service; (2) provide accurate information and identification details, and (3) submit any form of authentication requisite to the enrollment, identification and authentication process, under HauteTrader’s sole and absolute discretion. By accessing the Site, utilizing any of the Services or registering with us, you have opted in to receive e-mail communication from us.  

This Site and our Services are available only to Members who can form legally binding contracts under applicable law. By using this Site and/or Services, you represent and warrant that you are at least eighteen (18) years of age and that you are authorized to use the chosen payment method (including, and without limitation to, credit cards) for the purpose of the Site and/or Services as described herein. You represent and warrant that you are not a person barred from receiving services under the laws of the United States or any other applicable jurisdiction.  HauteTrader may, within its sole and absolute discretion, refuse to offer access to, or use of, the Site and/or Services to any person or entity, and reserves the right to change its eligibility criteria at any time. 

 

3. MEMBER ACCOUNTS

In order to access features of this Site or use Services found at this Site, you will be required to create a Member Account.  You represent and warrant that all information submitted when you create your Member Account is accurate, current, complete, and truthful; and that you will keep your Member Account information accurate, current, complete, and truthful. You are solely responsible for updating and correcting the information you have provided to HauteTrader by updating the information on the Member Account you establish on the Website.

We encourage you to maintain the confidentiality of your account and password, and to restrict access to your account. We cannot guarantee that our security measures will ensure the security of the account or of your information. You are solely responsible for the activity that occurs on your Member Account, whether or not it has been authorized by you. You must notify HauteTrader immediately of any breach of security or unauthorized use of your Member Account.  Please e-mail [email protected] with any inquiries or to report unauthorized use of your Member Account. HauteTrader will not be held liable for any loss incurred during the unauthorized use of your Member Account. HauteTrader, within its sole and absolute discretion, reserves the right to refuse service or to terminate your Member Account. 

 

4. YOUR USE OF THE SITE AND SERVICES

You acknowledge and agree that:

  • Your use of this Site and the Services found at this Site, including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
  • You will not impersonate or misrepresent another person, including, and without limitation to, another Member, an employee of HauteTrader or any other person or entity.
  • You only hold only one account with HauteTrader.
  • You will not use this Site or the Services found at this Site in a manner (as determined by HauteTrader within its sole and absolute discretion) that is, including, and without limitation to, illegal, defamatory, harassing, threatening, abusive or otherwise objectionable, vulgar, offensive, obscene, pornographic (including child pornography); neither will you use it to transmit hate speech, hate crimes or violence; spam or other unsolicited bulk e-mail; nor to conduct computer or network hacking or cracking, or make any attempt to interfere with the operation of this Site or the Services found at this Site; nor will you install any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging, harming or limiting the functionality of any software or hardware; or contains false or deceptive language, or unsubstantiated or comparative claims, regarding HauteTrader or HauteTrader’s Services; or promotes or encourages any of the aforementioned.
  • You will not transmit via the Site or through the Services any information, data, text, images, files, links, or software except in connection with your authorized use of the Services or otherwise in response to specific requests for information by us.
  • You will not copy, distribute, tamper with or obtain access in any medium to any part of this Site or the Services found at this Site, except where expressly authorized by HauteTrader.
  • You will not harass, embarrass, cause distress or discomfort to, breach any duty of confidentiality to, invade the privacy of, or violate any personal or proprietary right (including intellectual property rights) of any Member, employee of HauteTrader or other individual or entity.

 

This is not an exhaustive list of the activities that may result in our exercising the right to refuse you access to our Site or Services, terminate your Member Account, or edit content on your Member Account (referred to herein as Member Content). You may not export anything from this Site or our Services, in any way, in violation of United States law.  You also agree to indemnify, hold harmless and defend HauteTrader and its officers, directors, agents and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense resulting directly or indirectly from a claim by a third party that is based on your use of this website in violation of these terms

 

5. USE OF HAUTETRADER CONTENT

We acknowledge that there may be inaccuracies, delays, omissions or typographical errors regarding the content on this Site and the Services found at this Site (“HauteTrader Content”).   HauteTrader reserves the right to make changes to document names, content product specifications, and other information without obligation to notify any person of such changes.  We will undertake reasonable efforts to update the Site and our Services upon written notification of any errors.  HauteTrader reserves the right to make changes to document names and content product specifications, or other information without obligation to notify any person of such changes.  Use of the Site and HauteTrader Services do not constitute any right or license, by grant, implication, estoppel or otherwise, except as expressly permitted with the prior written permission of HauteTrader. All HauteTrader Content is owned by or licensed to HauteTrader in perpetuity, and is subject to copyright, trademark, trade secret and/or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws.  

 

6. MEMBER CONTENT

One of the features of HauteTrader is our online marketplace community. You acknowledge that you are responsible for any Member Content, including, and without limitation to, postings, pictures and descriptions you may submit through the Site or Services, including the legality, reliability, appropriateness, originality and copyright of any such submissions.  You agree to grant HauteTrader, for any purpose within our sole and absolute discretion, perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license to use your Member Content under any personal or proprietary right (including intellectual property rights) or to create derivative works based upon your Member Content, name, image, voice or likeness. HauteTrader is under no obligation to review any Member Content and assumes no responsibility or liability relating to any such Member Content. By using this Site or our Services, you expressly release HauteTrader from any and all liability arising from your use and our use of your Member Content.

 

7. ITEM LISTING

7a. Listing Prohibitions:

    HauteTrader prohibits the listing or trading of any item of which you do not have legal authority or possession, or which is illegal or counterfeit under any applicable law, statute, ordinance or regulation. You must describe your item listing truthfully, accurately and reasonably with relation to its current and present-day condition.

7b. Item listing tier values:

HauteTrader assigns a tier value to each designer whose garments are eligible for trading via this website. HauteTrader reserves the right to amend the tier value attributed to a designer. We will make all possible efforts to avoid changing the associated value; however, in the instance that we amend the tier value assigned to a particular designer, any affected item in your closet will be reassigned with its new Trade-Credits value.

Tier-1 items are valued at 100 Trade-Credits

Tier-2 items are valued at 200 Trade-Credits

Tier-3 items are valued at 300 Trade-Credits

Tier-4 items are valued at 400 Trade-Credits

 

7c. Premium Listings

When you list a Tier-4 garment, you have the option of listing it as a Premium Item. You'll send your item to HauteTrader HQ, where our fashion team will inspect the item and verify its authenticity before forwarding it to the recipient. We highly recommend this service for bags and purses.

Premium Items incur a $50 trade fee for the lister. The corresponding trader pays the normal trade fee except in the case that the item she's offering is also a Premium Item.

If we have reason to believe that the received item is inauthentic, we will cancel the trade, and send the item to the local authorities.

 

8. TRADE-OFFERS

A Trade-Offer comprises up to 3 options from your Trader-Closet that you are willing to trade in exchange for an item from our marketplace. Upon submission of a Trade-Offer, we will pre-authorize your credit card for $25 (or $50, if your offer contains a Premium Item).  Because we cannot predict which option the recipient will select, the pre-authorization charge is based upon the option of the highest possible value contained within your offer.

While the Trade-Offer is pending, the listing will not be available to other traders. The corresponding trader will have 24 hours to accept your offer and to select their desired option, or to decline the entire Trade-Offer. If the Trade-Offer is accepted, both traders are expected to ship said fashion item(s) within 3 working days. Trade-Agreements may not be retracted. If the Trade-Offer is declined, the pre-authorized hold will be released and a processing fee of $2.50 will be deducted. The trade initiator’s Trade-Fee will be released to HauteTrader only if the Trade-Offer is accepted.

 

9. TRADE-TYPES

9a. Item for item

In an item-for-item trade, one or more fashion items are offered in exchange for another fashion item. 9b.  Trade-Credits

Instant Trade-Credits trade, a fashion item is purchased by the initiating trader with only Trade-Credits. Upon listing an item on HauteTrader, you thereby give full consent to allow your item to be purchased with the site's currency, Trade-Credits. After an Trade-Credits-Only trade agreement has been made, you may not retract or deny this trade.

 

10. TRADE-CREDITS USAGE

10a. Trade-Credits Usage:  

Trade-Credits are HauteTrader's virtual operating currency. They are specific to, and (patent pending) intended to be used only on HauteTrader. By using this Site or our Services, you expressly release HauteTrader from any and all liability arising from your use of any Trade-Credits. As a member of HauteTrader, you are required to recognize the validity of our currency and to accept Instant Trade-Credits as payment whenever given in exchange for your listed item. We reserve the right, within our sole and absolute discretion, to change the value of Trade-Credits; remove a Member’s Trade-Credits; award Trade-Credits during promotional initiatives; and exclude or deny, for any reason, the use of Trade-Credits. 

10b. Tier Values in Trade-Credits

    Tier-1 items = 100 Trade-Credits

    Tier-2 items = 200 Trade-Credits

    Tier-3 items = 300 Trade-Credits

    Tier-4 items = 400 Trade-Credits    

   

    11. TRADE FEES

Standard items incur a Trade-Fee of $25. Trades that are listed as Premium incur a $50 Trade-Fee.  HauteTrader's Fee Policy, which is subject to change, is incorporated into this Agreement by reference.  Unless otherwise stated, all fees are quoted in US Dollars (USD). Trade-Fees are inclusive of delivery and shipping costs. As a general rule, the offer initiator will be charged a trade fee only once the Trade-Offer has been accepted. We reserve the right to change the terms of this section, under our sole and solute discretion, in the future and without prior notice to you, and any change shall be effective immediately after the date of such change.  If purchasing an item with only Trade-Credits, the trade initiator may add Premium trade protection at the time of offer submission. 

 

12. SHIPPING

Upon confirmation of, and payment for, any agreement transaction, HauteTrader will issue a prepaid shipping label addressed to the appropriate location. if the item is listed as standard, the item will ship to the corresponding member's address; if the item is listed as Premium, it will ship to HauteTrader HQ.

Traders must ship the respective items to one another using the designated shipping labels and method within 3 days of receiving said shipping label. Once both members have confirmed receipt of the traded items, HauteTrader will release the related Trade-Credits to their respective accounts. In the case that a member fails to respond within the specified 3-day period, the trade delivery is automatically confirmed by the system and the item will be marked as having met the recipient's satisfaction, and the relevant member forfeits the right to raise a dispute.

Shipping Label Deactivation:

Due to third-party USPS label policy restrictions, a shipping label may be potentially active, even after the HauteTrader cancellation announcement date. HauteTrader policy withstanding, it is against the HauteTrader terms of agreement for a member to use this label after notice of trade cancellation.

 

   13. TRADE AGREEMENT FORFEITURE  

All items must be shipped within 7 days of trade agreement:

13a. If an Trade-Credits-Only trader fails to ship the item within the agreed-upon time period of 7 days, the trade agreement will be canceled and the shipping label shall be considered null and void. The relevant trade fee will be forfeited, and the member who has failed to ship the item shall receive an automatic negative review.* The relevant Trade-Credits will be returned to the account of the Trade-Credits-Only trade initiator.

13b. If BOTH traders fail to ship the items within the agreed-upon time period of 7 days, the trade agreement  will be canceled and the labels shall be considered null and void. 

13c. If ONE trader fails to ship her item(s) within 7 days,  HauteTrader will issue a reminder asking her to send it within the next 8 days. If she fails to ship the item before the extended deadline, HauteTrader may expel her from our community or launch legal action to retrieve said item(s). The member who has not received her item(s) is be refunded her Trade-Fee and is given the item's allocated Trade-Credits value as compensation for her lost item. 

 

14. POST TRADE REVIEWS

HauteTrader reserves the right to remove the below mentioned reviews

  • Reviews that do not represent a user’s personal experience .
  • Reviews unrelated to the actual reservation (ex: political, religious, or social commentary).
  • Content that endorses or promotes illegal or harmful activity or violence, or is profane, vulgar, obscene, defamatory, threatening, or discriminatory.
  • Content that violates another person’s or entity’s rights, including intellectual property rights and privacy rights (ex: publishing another person’s full name, address or other identifying information without permission).
  • Content that is proven to be used as extortion.
  • Content that refers to an HauteTrader investigation.

 

15. TRADE DISPUTE

If you should receive a damaged or faulty item, the wrong item, or the item is not as described, or any items are missing, please report the issue within 3 days of receiving the delivery. HauteTrader will strive to resolve the trade dispute within 5 days. Our dispute resolution team will investigate the matter and deem the trade good or bad. If the trade is deemed bad, you and the corresponding trader will each be issued a new shipping label and HauteTrader will consider the matter to have been resolved. 

16. LINKS TO THIRD PARTY WEBSITES

We have no control over, and assume no responsibility for, the content or practices of any third-party websites. Any third-party website accessed from HauteTrader’s Site or Services is independent from HauteTrader, and no third party nor any product or service provided by a third party shall be construed as having been approved or endorsed by HauteTrader. By using this Site or our Services, you expressly release HauteTrader from any and all liability arising from your use of any third-party website.   

 

17. COPYRIGHT INFRINGEMENT

We take very seriously the infringement of intellectual property rights, and we ask that our Members do the same. You understand and accept that it is our policy to: (a) remove access to or remove the infringing material that we believe in good faith to be copyrighted material; and (b) terminate your Member Account, edit content on your Member Account or your Member Content.

If you believe that your intellectual property rights have been violated, please provide the following information, in writing, to our Copyright Agent:

  1. a signature (electronic or physical) of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. a detailed description of the infringed work(s);
  3. specific documentation of the material that is to be removed, access to that which is to be disabled on our Site, and a description of where that material is located;
  4. your contact information (including address, telephone number, and e-mail address);
  5. a statement by you that you have good reason to believe that the use of the infringing material on our Site is not authorized by the copyright owner, its agent or the law; and
  6. a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.

 

By mail:

Copyright Agent

c/o HauteTrader LLC

31 East 31st Street New York, NY 10016

By e-mail:

[email protected]

 

18. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL CONTENT AND SERVICES PROVIDED BY HAUTETRADER, ON BEHALF OF ITSELF, ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS AND ASSIGNS AND ITS THIRD PARTY PROVIDERS AND LICENSORS, IS PROVIDED TO YOU “AS IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND INCLUDING, AND WITHOUT LIMITATION TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. BY WAY OF EXAMPLE, BUT WITHOUT LIMITATION, HAUTETRADER DOES NOT WARRANT THAT: (I) THE CONTENT IS FREE OF ERRORS; (II) THE FUNCTIONS CONTAINED ON THE SERVICES WILL BE CONTINUOUS, UNINTERRUPTED, OR FREE OF ERRORS; (III) DEFECTS WILL BE CORRECTED; OR (IV) THE SERVICES OR THE SERVER ARE FREE FROM HARMFUL COMPONENTS OR VIRUSES. HAUTETRADER SHALL NOT BE HELD RESPONSIBLE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOR ANY SUCH THIRD-PARTY MATERIALS, CONTENT, SERVICE OR POLICY.  

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL CONTENT AND SERVICES PROVIDED BY HAUTETRADER, ON BEHALF OF ITSELF, ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS AND ASSIGNS AND ITS THIRD-PARTY PROVIDERS AND LICENSORS, IS NOT, AND SHALL NOT BE, LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING FROM THE USE OF THE SITE OR SERVICES, INCLUDING, AND WITHOUT LIMITATION TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, MULTIPLE, EXEMPLARY (EVEN IF ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), PUNITIVE AND CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RELATED TO LOSS OF BUSINESS OR BUSINESS OPPORTUNITIES, USE OF OR INABILITY TO USE THE SITE OR OUR SERVICES, EVEN IF HAUTETRADER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  YOU WAIVE AND RELEASE HAUTETRADER, ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS AND ASSIGNS AND ITS THIRD PARTY PROVIDERS AND LICENSORS FROM ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR RELATED TO THE USE OF MEMBER CONTENT, MEMBER ACCOUNT, USE OF SITE AND OUR SERVICES, OR TO ANY ACT OR OMISSION BY MEMBERS, BY HAUTETRADER OR THIRD PARTIES.  HAUTETRADER'S TOTAL LIABILITY TO YOU (WHETHER ARISING IN TORT, CONTRACT OR OTHERWISE) FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE OR SERVICES, NOTWITHSTANDING ANY FAULT, NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), SHALL NOT EXCEED US$500. 

 

19. INDEMNITY

You agree to indemnify, hold harmless, and defend HauteTrader, its subsidiaries, affiliates, partners, agents, licensors, consultants, experts, directors, officers, employees and other parties with which HauteTrader is under contract, and their respective officers, directors, employees and agents free and harmless whether directly or indirectly from and against any claims, damages, losses, liabilities, all costs and expenses of defense, actions and demands, including without limitation, any legal and accounting fees resulting from: (i) your use of and access to this Site or the Services found at this Site; (ii) your violation or misuse of any provision of this Agreement or the policies or agreements which are incorporated herein; (iii) a dispute with a Member; (iv) your violation of any third-party right, including without limitation any intellectual property or other proprietary right; or (v) your Member Content.  You expressly agree that your use of the Site or Services or any decision or trade resulting therefrom is solely at your risk.  You shall not settle any claim without prior written approval of HauteTrader. 

 

20. GOVERNING LAWS AND ARBITRATION

This Agreement (together with the Privacy Policy) and any claims shall be governed and interpreted by the internal substantive laws of the State of New York, without regard to its conflict of laws principles.  We make no representation or warranty that HauteTrader Content or HauteTrader Services are appropriate or compliant in every jurisdiction or country.  Members who choose to access or use our Site or Services from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.  Disputes from an alleged violation of intellectual property rights, breach of confidentiality, or claims requesting equitable remedies shall be adjudicated in any court of competent jurisdiction. 

Notwithstanding, all other disputes shall be resolved by arbitration in the County of New York, in the State of New York, in accordance with the commercial arbitration rules of the American Arbitration Association.  You agree to waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration.  Any claim must be commenced within one (1) year after the claim arises.  The parties shall bear the expenses of the arbitrators equally, except the prevailing party shall be entitled to an award of reasonable attorneys’ fees and arbitrators’ fees incurred in connection with the arbitration.  All decisions of the arbitrator shall be final and binding on both parties.

 

21. FORCE DE MAJEUR

HauteTrade is, and will be, excused from performance under these Terms of Service, to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (1) weather conditions or other elements of nature or acts of God, (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (3) quarantines or embargoes, (4) labor strikes, or (5) other causes beyond the reasonable control of HauteTrader. HauteTrader will provide the option of deferring shipment or receiving a refund of your charges if HauteTrader is temporarily unable to ship to you an item because of such an event.

 

22. MODIFICATION AND NOTIFICATION OF CHANGES

You acknowledge and agree that HauteTrader may, in its sole and absolute discretion and without notice, modify, revise, add or remove any portion of these Terms of Service at any time and in any manner, for any reason. You may not amend or modify the provisions of this Agreement under any circumstances. We encourage you to check this page periodically for any changes. Your use of the Site or Services after any change, regardless of whether you were notified of such a change, indicates acceptance of, and agreement to, any such change.

 

23. SEVERABILITY

If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions of this Agreement.

 

24. SURVIVAL OF TERMS AFTER AGREEMENT ENDS

The representations and warranties, indemnities, limitations of liabilities and obligations shall survive any termination or expiration of this Agreement.

 

25. CALIFORNIA RESIDENCES

Under California Civil Code Section 1789.3, users of the Service from California have entitlement of  the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California, Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

 

26. HOW TO CONTACT US

If you have any questions about this Agreement, please contact us via e-mail at [email protected] or by mail at the following address:

HauteTrader, LLC 
Attn: Legal 
31 East 31st Street 
New York, NY 10016

 

PRIVACY POLICY

PRIVACY POLICY

 

EFFECTIVE DATE: DECEMBER 14, 2022

 

HauteTrader, Inc. ("HauteTrader", "us", "we" or “our”) is dedicated to respecting and protecting the privacy of our Users. We understand and acknowledge that our Users have a legitimate expectation of privacy, including an expectation that we will protect their identities and personal information from disclosure to third parties, and we are committed to upholding that expectation of privacy with very limited exceptions, as described below. ”When the term “Users” is used in this Privacy Policy and related documents, it shall mean: (i) visitors and users of our website and our apps as defined below; and (ii) traders to HauteTrader (“Traders”) who are also subject to additional 

 

member agreement terms under our Agreement (“Users”, “you” or “your”). 

 

 

This Privacy Policy covers personal information collected about our Users and is part of our overall Terms of Service (“TOS”). Included in this Privacy Policy is (i) our Cookie Policy; and an additional supplementary policy specifically for residents of California (“CCPA Privacy Policy”).

 

This Privacy Policy describes:

1. the information identifying you that we collect;

2. how we use this information;

3. the legal basis upon which we process it;

4. with whom it is shared; and

5. how it is stored.

 

This Privacy Policy also describes other important topics relating to your personal information and privacy.

 

Please review this Privacy Policy to better understand our practices as they apply to your personal information. By using HauteTrader Service or accessing the Site, you confirm that you have read and understood the entirety of this Privacy Policy and agree to be bound by it and the other documents referenced herein.

Our Terms of Service (including Membership Terms) apply to HauteTrader Service and this Site. If you do not agree to them, then you should not continue to use HauteTrader Service or the Site.

 

CHANGES TO OUR PRIVACY POLICY

From time to time, we may modify this Privacy Policy at our sole discretion. If we make any updates or changes to this Privacy Policy, all modifications will be posted to this Site and will be effective immediately upon our posting and, where appropriate, notified to you by post or email. By continuing to use HauteTrader Service, or using the Site, after updates are posted and effective you are confirming that you have read and understood the latest version of the Privacy Policy.

 

WHAT PERSONAL INFORMATION DO WE COLLECT?

Identifiers. We collect the personal information of all Users of HauteTrader website and our apps, which includes identifiers such as:

1. your name; 

2. phone number;

3. postal address;

4. email address.

5. Internet Protocol (IP) address; 

 

Internet or other electronic network activity information including:

1. browser type;

2. your Internet Service Provider (ISP);

3. website referring/exit pages;

4. platform type;

5. date/time stamp;

6. other information related to your use of the Site.

7. We may receive some personal information about you from third parties such as public websites and social media platforms.

 

Commercial information

1. We require you to register for the Site to use HauteTrader Service or to act as a member of HauteTrader.

2. information about your use of HauteTrader Service (including account-related information such as payment information, and transaction history

3. customer services information; and

4. customer relationship management and marketing information.

 

 

USE OF PERSONAL INFORMATION WE COLLECT

We, or third-party service providers acting on our behalf, collect, use, and store the personal information we collect to:

1. allow you to access HauteTrader;

2. communicate with you (see Communicating With You section below);

3. register users;

4. process requests and orders (including membership registration);

5. provide technical support;

6. store information about your preferences; 

7. recognize you when you return to our Site;

8. enable you to participate in our opinion polls, surveys, contests, or sweepstakes;

9. administer our Site;

10. ensure the security of our services and our Site;

11. comply with any procedures, laws, and regulations which apply to us – this may include where we reasonably consider it is in our legitimate interests or the legitimate interests of others to comply, as well as where we are legally required to do so (subject to our making all reasonable efforts, consistent with applicable laws and regulations, to protect our Users’ identities and personal information from disclosure to third parties); and

12. establish, exercise, or defend our legal rights – this may include where we reasonably consider it is in our legitimate interests or the legitimate interests of others, as well as where we are legally required to do so.

 

COMMUNICATING WITH YOU

We will contact you (including by email or mail) with information about our products, services, and offers which either you request, or which we believe you may be interested in (including through newsletters, alerts, and reminders about recurring event sales if it is in our legitimate interests, for business development and marketing purposes, unless you have told us that you don’t want to receive these messages by sending us an email at [email protected]

From time to time we will send you service-related emails, such as a welcome email when you register for the Site. 

If you provide us personal information when you communicate with us (including in person, by phone, or via email) this information may be shared with a Customer Relations representative, employee, or expert that is most likely to be able to address your inquiry. This information will be used only to respond to your inquiry.

 

INVITATIONS

When you invite a friend to join our Site, we will automatically send your friend an email invitation on your behalf. We will not use your friend’s email address for any other purpose unless they join our Site or request further information or response from us. Similarly, when you email a message using the Invite a Friend function, we do not store the email addresses that are used to facilitate email communication.

 

 

ONLINE TRACKING

Like most websites, we, our service providers, and our third-party partners may collect certain information about your interaction with our Site. This information may be stored in log files. Information stored in log files may include IP addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and other information.

We collect this information through the use of cookies and other similar technologies. We use this information to analyze demographic and other trends, administer the site, track aggregate usage of the Site, and provide you with relevant advertising.

Where we use cookies on our Site, you may block these at any time. To do so, you can activate the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies), you will not be able to access all or parts of our Site or to use all the functionality provided through our Site.

For detailed information on the cookies we use and the purposes for which we use them, please refer to our cookies policy below. By continuing to use our Site and/or our services, you are agreeing to our use of cookies as described in our cookies policy.

Your Privacy Choices, the legal basis on which we use your personal information, and the right to control our use of your personal information, are described below.

 

SHARING OF PERSONAL INFORMATION

THIRD PARTIES

We may need to share your personal information with our contractors in the course of operating our business and providing products or services to you. These contractors include vendors and suppliers, including but not limited to payment processors, suppliers of technical and support services, logistics providers, and cloud service providers that provide us with technology, services, and/or content for the operation and maintenance of our Site or Service. We will also share your personal information with companies that assist us in our marketing, advertising, and promotional activities, analytics, and search engine providers that assist us in the improvement and optimization of our Site.

Access to your personal information by these contractors is limited to the information reasonably necessary for the contractor to perform its limited function. We require our contractors to keep the personal information they are provided with confidential and to comply with the terms of this Privacy Policy and applicable laws.

We will not rent, sell, or share your personal information with third parties or third-party advertisers for their marketing purposes without your consent except to provide you with a product or service you request or as described in this Privacy Policy. Data obtained through the short code program will not be shared with any third-parties for their marketing reasons/purposes. If you have given your consent for us to use your personal information, but later change your mind, you should contact us using the information in the HOW TO CONTACT US section below and we will stop doing so.

We may also disclose and use anonymized, aggregated reporting and statistics about users of our website and apps or our goods and services and from interactions with us and our brands on social media for the purpose of internal reporting or reporting to our group or other third parties, and for our marketing and promotion purposes. None of these anonymized, aggregated reports or statistics will enable our users to be personally identified.

 

DISCLOSURES REQUIRED BY LAW OR FOR BUSINESS PURPOSES

We may disclose personal information under a request from law enforcement, or as otherwise required by law, or, in our sole discretion, to protect our rights, property or interests, including to enforce this Privacy Policy or our Terms of Service. We will make all reasonable efforts, consistent with applicable laws and regulations, to protect our Users’ identities and personal information from disclosure to third parties. If we are legally compelled to disclose your personal information to a third party, we will make reasonable efforts to notify you unless doing so would violate the law or court order.

In our sole discretion, we may also disclose the information we collect to a third party when we believe it is reasonably necessary to investigate or prevent harm, fraud, abuse, or illegal conduct, including to enforce or apply our terms and conditions or any other agreement or to respond to any claims, or to protect our rights or the rights of a third party. We will also disclose your personal information to third parties where it is in our legitimate interests to do so to run, grow and develop our business. Information collected from this Site may also be transferred as part of a merger or other combination, or as part of a restructuring, bankruptcy, transfer of assets, or to our successors in interest.

 

RETENTION OF PERSONAL INFORMATION

We keep your personal information for no longer than necessary for the purposes for which the personal information is processed. The length of time we retain personal information for depends on the purposes for which we collect and use it and/or as required to comply with applicable laws and to establish, exercise or defend our legal rights.

In order to enforce the terms of this Privacy Policy, resolve disputes, or provide information to satisfy applicable governmental laws, regulations, investigations or proceedings, we may need to retain your personal information in our files. We will do so in compliance with applicable law.

 

YOUR PRIVACY CHOICES

 

UPDATES TO YOUR INFORMATION

You can contact us at any time to update, change or delete personal information HauteTrader maintains about you.

 

CHOICE/OPT-OUT

Users who no longer wish to receive our newsletters, alerts, or promotional communications may opt-out of receiving these communications at any time.

 

HOW TO EXERCISE YOUR CHOICES

You may notify us of your choices or preferences by accessing your “Account Info” on the Site, or by contacting us as set forth in the “How to Contact Us” section below.

 

 

ADDITIONAL INFORMATION

THIRD PARTY WEBSITES

This Site contains links to other websites provided by third parties. Please be aware that we do not control these third-party websites or any of the content contained on those websites. Once you have left our Site, we cannot be responsible for the privacy practices of such other websites. We encourage you to exercise caution and to read the privacy policy for the website you visit. The inclusion of hyperlinks to third party websites on our site in no way constitutes an endorsement by us of such websites' content, actions, or policies.

  

ACCESS BY CHILDREN OR MINORS

Our Site is not directed to children under the age of 13, and our Terms of Service prohibit minors from using our Site or Service. We do not knowingly collect any information from children under 13.

 

AGGREGATED INFORMATION

We may share aggregated information about you with third parties. Aggregated information is non-personal information about you that is combined with the non-personal information of other users.

 

 

SECURITY

We take precautions to protect information that we collect from our Users. We protect the information entrusted to us by taking all reasonable precautions to safeguard the confidentiality of personal information, including through use of appropriate physical, technical, and administrative safeguards and measures. These protections include restricting access to personal information to employees who need the information to perform a specific job. HauteTrader provides its employees training on its security and privacy practices. Technical safeguards and measures include use of encryption, passwords for access to our systems and use of anti-virus software.

However, during provision of your personal data to us, your personal information may be transferred over the internet. Although we make every effort to protect the personal information which you provide to us, no information security safeguards can be guaranteed to be completely secure, so you should use caution whenever providing personal information online, electronically or otherwise. Once we have received your personal information, we will use strict procedures and security features to prevent unauthorized access to it.

Where we have given you (or where you have chosen) a password which enables you to access your online account, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

 

HOW TO CONTACT US

If you have any questions or comments about this Privacy Notice, or if you would like us to update information, we have about you or your preferences, please contact us by email at [email protected]

If you are a California resident and if you wish to submit a request to exercise your consumer rights under the CCPA, you may also contact us at [email protected]

 

 

COOKIE POLICY

EFFECTIVE DATE DECEMBER 14, 2022

Our website uses cookies. This policy explains what cookies are, why we use them, and how you can manage their use.

 

WHAT ARE COOKIES AND WHY DO WE USE THEM?

 

Haute-Trader receives and records information from your browser when you use the Haute-Trader website, and we may use a variety of methods, including cookies and pixel tags, to collect this information. Cookies are pieces of information that the Haute-Trader website sends to your computer while you are browsing the Haute-Trader website. Cookies interact with content within the website, in order to capture and remember information. For instance, cookies are used to process and record the items in your shopping cart. We use cookies and pixel tags, which are tiny graphic images, to track--in aggregate form only--our customers' usage of the site and to understand our customers' preferences, such as country and language. 

 

This enables us to provide our customers with services or to improve the customers' experience of using our site. We also use cookies and pixel tags to provide us with aggregate data about site traffic and site interaction, and to help us to identify trends, obtain statistics, etc., so that we can offer a better user experience and develop tools and features. We may contract third parties to assist us in gathering data; however, they are not permitted to use the collected information except to help Haute-Trader to conduct and improve its business. You may choose to receive a notification from your computer each time a cookie is sent, or you may choose to turn off all cookies. You can do so via your browser's settings. Because each browser differs slightly, please look at your browser's Help menu to learn the correct way to modify your cookies settings. Please note that if you turn off cookies, you will lose or compromise access to many of the features that make this website easier and more efficient to use, and some of our services will not function properly. As cookies are used to track shopping basket items through the order process, it will not be possible to place on order. We also work with other companies who use tracking technologies to serve ads on our behalf across the Internet. These companies may collect non-personally identifiable information about your visits to our website and your interaction with our communications, including advertising. These cookies can be deleted via Your Online Choices (http://www.youronlinechoices.com) to ensure they won’t be placed on a third-party website.

 

 

WHAT TYPES OF COOKIES DO WE USE?

We want you to understand the different types of cookies that we use on our website. Some of these cookies are essential to the operation of our website. Others are not essential but help to improve our website by collecting user information or try and improve your experience of our website by remembering your choices.

 

Generally, our cookies perform up to four different functions: 

1 – STRICTLY NECESSARY COOKIES – WHICH ENABLE SERVICES YOU HAVE SPECIFICALLY ASKED FOR

We use several cookies which are essential to the operation of this website. For example, these types of cookies let us identify subscribers and ensure they can access the subscription-only areas of this website, enable our website to remember the goods that you add to your shopping cart, provide the necessary security your visit to our website requires, and help ensure the content of the pages you request load quickly. Without these cookies, services that you have asked for cannot be provided.

 

2 – PERFORMANCE COOKIES – WHICH COLLECT ANONYMOUS INFORMATION ABOUT THE WEB PAGES YOU VISIT

These cookies collect information about how visitors use our website, for example, which pages our visitors go to most often, and if they get error messages on those pages. These performance cookies don't collect information that identifies you as an individual – all information they collect is aggregated and anonymous. The information gathered is only used to improve how our website works.

 

We use Google Analytics on our website to help us analyze how our website is used. You can find out more about this popular website analytics tool here: http://www.google.com/analytics/index.html. Google Analytics uses performance cookies to track visitor interactions. For example, by using cookies Google can tell us which pages our users view, which are most popular, what time of day our website is visited, whether visitors have been to our website before, what website referred the visitor to our website, and other similar information. All this information is anonymized. Google takes the privacy and security of your Google Analytics data seriously and you can find out more about how it protects your data here: http://www.google.com/analytics/learn/privacy.html.

 

 

3 – TARGETING OR ADVERTISING COOKIES WHICH REMEMBER YOUR BROWSING HABITS TO TRY AND DISPLAY RELEVANT ADVERTISING WHEN YOU VISIT OTHER ONLINE SITES.

These cookies track your browsing habits so that we can show you advertising which we hope is relevant to your interests. We believe it is useful to show you advertisements that are tailored to your interests. These advertising cookies use information about your web browsing activity to group you with other users who have similar interests and show you advertisements based upon those interests. For example, these cookies may remember that on our website you viewed pages relating to particular products. Based on that information, with our permission, third party advertisers can place cookies on your browser to enable them to show you those products while you visit other sites.

 

These types of cookies are also used to limit the number of times you see an advertisement as well as to help measure the effectiveness of advertising campaigns.

 

WE MAY TRACK WHETHER YOU OPEN EMAILS THAT WE SEND

Our emails may contain a web beacon to track who opens an email, when, and whether that user clicks on any of the links in the email. We may use this information to help us analyse which of our users are interested in particular topics. When you delete the email, the web beacon will be deleted.

 

 

HOW TO MANAGE COOKIES ON OUR WEBSITE

Cookies do lots of important jobs on our website and help to make your online experience more personal and more enjoyable.

By using our website, you are deemed to consent to the use of cookies as described in this cookie policy.

However, you can disable all our cookies if you choose. If you do so, you may find that significant parts of our website do not work at all, or do not work correctly.

 

DISABLING COOKIES

If you would like to disable targeting, advertising or cookies, which remember your browsing habits and try and display relevant advertising when you are online, you can visit http://www.youronlinechoices.com/uk/your-ad-choices. If you choose to turn off these cookies you will still see advertising on the internet, but it may not be tailored to your interests. It does not mean that you won't be served any advertisements while you are online. While many companies involved in using targeting, advertising or cookies and serving online behavioral advertising appear at the above link, not all do. Therefore, even if you choose to turn off cookies used by all the companies listed, you may still receive some targeting, advertising or cookies and some tailored advertisements from other companies.

You can also manage this type of cookie in the privacy settings on the web browser you are using. Please see below for more information.

 

DISABLING OTHER COOKIES

You can disable and/or delete all types of cookies by using your browser settings. Cookies are generally easy to disable and/or delete but how you do so varies from browser to browser. The "help" function within your browser should tell you how to do it. The best way may be to close your browser and then search for "cookie folder" or "cookie manager" or simply "cookie".

 

FURTHER INFORMATION

If you have any questions relating to this Cookie Policy, please contact us at [email protected]

 

CUSTOMER DATA INFORMATION

EFFECTIVE DATE: DECEMBER 14, 2022

 HOW DO I CLEAR MY SEARCH HISTORY?

A: All web browsers remember a list of the web pages you’ve visited. You can delete this list at any time, clearing your browsing history and erasing the tracks stored on your computer, smartphone, or tablet. Each browser has its own separate history, so you will need to clear the history in multiple places if you have used more than one browser. See below for further details on how to delete your browsing history for the most popular browsers.

For Microsoft Internet Explorer:

1. Choose “Tools” then “Internet Options” 

2. Click on the “Privacy” tab

3. Select the appropriate setting

For Google Chrome:

1. Choose Settings then Advanced

2. Under "Privacy and Security" click “Content Settings”

3. Click “Browsing History”

For Safari:

1. Choose Preferences then Privacy

2. Click on “Remove all Website Data”

For Mozilla Firefox:

1. Choose “History” then “Clear Recent History...”

2. Click the appropriate options

3. Click “Clear Now”

For Opera 6.0 and further:

1. Choose “Files” then “Preferences”

2. Privacy

 

 

HOW DO I DELETE COOKIES?

A: The effect of disabling cookies depends on which cookies you disable but, in general, our website may not operate properly if cookies are switched off. You will not be prevented from making transactions on the site if you only disable third party cookies. If you disable all cookies, you will be unable to complete a purchase on our site.

If you want to disable cookies on our site, you need to change your website browser settings to reject cookies. How you can do this will depend on the browser you use. See below for further details on how to disable cookies for the most popular browsers.*

For Microsoft Internet Explorer:

1. Choose “Tools” then “Internet Options”

2. Click on the “Privacy” tab

3. Select the appropriate setting

For Google Chrome:

1. Choose “Settings” then “Advanced”

2. Under "Privacy and Security," click “Content Settings”

3. Click “Cookies”

For Safari:

1. Choose “Preferences” then “Privacy”

2. Click on “Remove all Website Data”

For Mozilla Firefox:

1. Choose “History” then “Clear Recent History...”

2. Click the appropriate options

3. Click “Clear Now”

For Opera 6.0 and further:

1. Choose “Files” then “Preferences”

2. Privacy

Where you have not set your permissions, we may also separately prompt you regarding our use of cookies on the site.

Except for essential cookies, all cookies used on our site will expire after twelve (12) months.

*Please note the makers of the browsers listed above may change the standard settings on their products from time to time or modify the procedures from what is displayed above without prior notice.

 

 WHERE CAN I ACCESS MY HISTORY AND PERSONAL INFORMATION?

A: Please visit the Account Info section on HauteTrader’s website at https://www.hautetrader.com/users/edit_profile to view your registered name, email, phone number, purchase and membership history, and marketing preferences. You may print or save this information for your records. More detailed information may be available through a data subject access request. Data subject access requests and account deletions require authentication in certain jurisdictions. 

 

 

 

CCPA PRIVACY POLICY

 EFFECTIVE DATE: DECEMBER 14, 2022

 

This California Consumer Privacy Act Privacy Policy (“CCPA Privacy Policy”) is a supplement to the Privacy Policy and Cookie Policy of HauteTrader, Inc. ("HauteTrader", "us", "we" or “our”) and applies solely to Users who are residents of the State of California (as defined in Section 17014 of Title 18 of the California Code of Regulations).   When the term “Users” is used in this CCPA Privacy Policy, it shall apply only to those who are residents of the State of California and are: (i) consumer(s), visitors and users of our website and our apps; and (ii) traders to HauteTrader (“Traders”) who are also subject to additional membership terms pursuant to our Membership Agreement (“Users”, “you” or “your”). 

Defined terms as used herein shall have the same meaning as defined terms in the CCPA.

 

WHAT PERSONAL INFORMATION DO WE COLLECT?

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“personal information”). The CCPA sets forth certain categories of information under Cal. Civil Code §1798.140 (o)(1) and we have listed all of those categories below. For each category, we have provided information as to whether or not we have collected personal information under those categories within the last twelve (12) months:

A. Identifiers 

We collect personal information of Users of HauteTrader website and our apps, which fall within the category of Identifiers and which include personal information such as: A legal name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number or other similar identifiers.

 

B.     Personal information categories listed in Cal. Civ. Code § 1798.80(e) (the California Customer Records Statute)

We collect personal information of Users which may include personal information such as: A name, signature, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Please note that some personal information included in this category may overlap with other categories listed herein.

C. Characteristics of protected classifications under California or federal law

We collect personal information such as Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information) if voluntarily provided by a job applicant as a result of a job application process or voluntarily submitted as part of employment or Human Resources process.

D.     Commercial Information

This includes information such as records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. Included in this category is: 

1. Information we receive from you when you register for the Site in order to use HauteTrader Service

2. Information about HauteTrader Service including: 

• information about your use of HauteTrader Service (including account related information such as payment information, transaction history);

• customer services information; and

• customer relationship management and marketing information.

E. Biometric Information

We do not collect biometric information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. 

F. Internet or other electronic network activity information including:

1. browser type;

2. your Internet Service Provider (ISP);

3. website referring/exit pages;

4. platform type;

5. date/time stamp;

6. other information related to your use of the Site.

G. Geolocation data

We do not collect geolocation data that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.

H. Audio, electronic, visual, thermal, olfactory, or similar information

We do not collect sensory information such as audio, electronic, visual, thermal, olfactory or other similar personal information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. 

I. Professional or employment related information 

We collect professional or employment-related information with regard to job applications, employment records, professional association memberships and other job-related personal information.

J. Non-public education information defined as information that is not publicly available personally identifiable information as defined under the Family Educational Rights and Privacy Act (FERPA). 

We collect non-public education information that is personally identifiable information such as educational records and student records in connection with job applications and employment. We do not collect non-public education information that is personally identifiable information directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.

K. Inferences drawn from other personal information

We collect information that may be considered a profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities and aptitudes.

The above personal information is collected from the following sources:

1. Information Received Directly from You

2. Internet activity by your use of the Site including online tracking through use of cookies

3. Public websites and social media platforms

 

THE BUSINESS OR COMMERCIAL PURPOSES FOR THE PERSONAL INFORMATION WE COLLECT

We may disclose your personal information to a third party for business or commercial purposes. When we disclose personal information for a business purpose, we enter into a written contract that describes the purpose and requires the recipient to keep that personal information confidential and not use it for any purpose except for providing the services outlined in the contract.

Accordingly, we may use or disclose the following personal information business or commercial purposes:

 1. allow you to access and use our Site;

2. communicate with you (see the Communicating With You section in our Privacy Policy);

3. register users;

4. process requests and orders (including membership registration);

5. provide technical support;

6. store information about your preferences;

7. recognize you when you return to our Site;

8. enable you to participate in our opinion polls, surveys, contests, or sweepstakes;

9. administer our Site;

10. ensure the security of our services and our Site;

11. comply with any procedures, laws and regulations which apply to us – this may include where we reasonably consider it is in our legitimate interests or the legitimate interests of others to comply, as well as where we are legally required to do so; and

12. establish, exercise or defend our legal rights – this may include where we reasonably consider it is in our legitimate interests or the legitimate interests of others, as well as where we are legally required to do so.

 

CATEGORIES OF PERSONAL INFORMATION SHARED FOR BUSINESS OR COMMERCIAL PURPOSES

In the preceding twelve (12) months, we have disclosed the following categories of personal information for business or commercial purposes:

Category A: Identifiers

Category B: California Customer Records personal information categories

Category C: Protected Characteristics Classifications under California or federal law

Category D: Commercial Information

Category F: Internet or other electronic networking activity information

Category I: Professional or employment-related information

Category K: Inferences drawn from an of the information identified in this subdivision to create a profile about a consumer reflecting the consumer’s preferences, characteristics, predispositions and behavior

We disclose your personal information for a business purpose to the following categories of third parties:

• Service providers.

• Third parties to whom you or your agents authorize us to disclose your personal information in connection with products or services we provide to you.

In the preceding twelve (12) months, we have not sold any personal information.

 

YOUR PRIVACY RIGHTS AND CHOICES

If you are a consumer as defined in the California Consumer Privacy Act (CCPA), i.e., a resident of California as defined in Section 17014 of Title 18 of the California Code of Regulations, you have certain rights concerning your personal information under the CCPA. Under the CCPA, you have the following rights:

• Right to Request Information Collected.  If we collect personal information about you, you have the right to request that we disclose to you the following upon our receipt of a verifiable consumer request from you:

• The categories of personal information we have collected about you

• The categories of sources from which the personal information about you is collected

• The business or commercial purpose for collecting or selling personal information

• The categories of third parties with whom we share personal information and

• The specific pieces of personal information we have collected about you

 

• Right to Request Information Collected and Shared for a Business Purpose. If we collect personal information about you that is disclosed for a business purpose, you have the right to request that we disclose to you:

• The categories of personal information that we have collected about you

• The categories of personal information we disclosed about you for a business purpose

• Right Not to Be Discriminated Against. You have the right to not be discriminated against by this or any business because you exercised any of the consumer's rights under the CCPA, including, but not limited to, by: 

• Denying goods or services to you

• Charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties

• Providing a different level or quality of goods or services to you or

• Suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services.

• Right to Request Deletion.  You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. To initiate a request please submit an email to [email protected]. This email should include the header "Data Deletion Request", the email address and phone number associated with your account, and your full name and address. 

• Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

• We may deny your deletion request if retaining the information is necessary for us or our service providers to:

• Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.

• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.

• Debug products to identify and repair errors that impair existing intended functionality.

• Exercise our right to free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.

• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).

• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement if you previously provided informed consent.

• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.

• Comply with a legal obligation.

• Otherwise use your personal information internally in a lawful manner that is compatible with the context in which you provided it.

 • Right to Request Access and Data Portability. Upon receipt of a verifiable request from you to access your personal information we shall promptly take steps to disclose and deliver, free of charge to you, the personal information per Cal. Civil Code §1798.100 (d). The personal information may be delivered by mail or electronically, and if provided electronically, the information shall be in a portable and, to the extent technically feasible, in a readily useable format that allows you to transmit this information to another entity without hindrance. We may provide personal information to you, but we are not required to provide personal information to you more than twice in a 12-month period.

CONTACT INFORMATION

If you are a California resident and if you wish to submit a request to exercise your consumer rights under the CCPA or if you have questions regarding this policy, you may contact us at [email protected] and request the aforementioned information.

 

 

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Attention

HauteTrader is a fair trading community with an exclusive currency that we expect all members to use and accept liberally. Unfortunately, you have failed to honor your last 3 Trade-Credit trades. For this reason, your account was frozen. To unfreeze your account you must agree to abide by our Trader guidelines, which means that you agree to ship immediately should any of your currently listed items be traded for Instant Trade-Credits.