Privacy Statement IrisArke BV
This statement regarding the protection of data is applicable to the on-line platform www.irisarke.com (”Website”) and all web shops supported by IrisArke, such as those operated by IrisArke BV (“Us”, “We” or “IrisArke”) and to the associated app (“App”) operated by IrisArke. You can find more information about how to contact us at the end of this statement regarding data protection .
We take your privacy very seriously. We will not sell or let your personal data. All data will be collected, stored, and processed by us in accordance with the legal requirements and will not be transmitted to third parties, unless we are legally obliged to do so or it is required for the provision of our services, or unless you have expressly granted permission for the transmission of your data.
The services we provide through the website and/or app (in the following jointly referred to as “Platform”) can only function if we collect, store, transpose, remove and/or otherwise use specific data (“Process” or “Processing”). Personal data comprises all information regarding an identified or identifiable natural person (“Data”), such as your name, date of birth, address, or e-mail address.
This statement regarding data protection describes what Data we collect from you and with what purpose we Process it when you make use of the services we offer onthe Platform. This statement regarding data protection also contains important information regarding the protection of your Data, especially the legal rights you have with regard to it.
Certain services on our Platform are offered by external suppliers. When you use these services, the data protection regulations of such external suppliers are applicable besides this statement regarding data protection. Prior to the use of such services it may be that these external suppliers ask you to grant permission in connection with legislation concerning data protection.
This statement regarding data protection is a supplement to the general Conditions of Use (“CoU”) which are the basis of your contract with IrisArke for the use of the Platform (“Usage Contract”). In case of discrepancies between the CoU and this statement regarding data protection, the provisions of the latter are applicable.
2. What data do we Process from you
2.1 Connection with Website and App
When you connect with the Website or App, we Process the following data (logfiles), even if you do not have an IrisArke account or have not logged in on the IrisArke app or IrisArke Website:
the IP-address of your device;
the browser that your device uses;
the content and URLS that you connect with;
the date and time of your connections;
In case of access through mobile devices, the following logfiles are also recorded as a part of your usage of the IrisArke App:
type and manufacturer of your mobile device;
the operating system that your mobile device uses (iOS, Android);
Without your explicit consent, we will never use the personal data as specified in this section, especially the IP-address, unless the use thereof is necessary (i) for the delivery of our services and/or (ii) for security purposes, especially the prevention of cyberattacks, such as data scraping and denial-of-service attacks and to prevent inadmissible multiple applications.
2.2. IrisArke account
To be able to use our platform and especially to be able to carry out commercial transactions through the Platform, to be able to use the electronic payment system or to be able to leave reviews and reactions with other brands, you require an IrisArke account. For this purpose, you must register as a member on the Website or App. If you have a Facebook or Google account, you can also register through one of these accounts.a.
a. Register through your Facebook or Google account
If you register through your Facebook or Google account, you will relocate from our Website or App to the website of Facebook or Google, where you will be asked to enter your login data for your Facebook or Google account. When you enter your login data for Google, IrisArke receives from Google the following information from your Google account:
As soon as you have entered your login data for Facebook and you find yourself on the Facebook website, you can indicate whether you, besides your
Public profile (specific username, gender, profile picture) want to provide more of your Facebook data to us, such as
your list with friends and/or
N.B.: if you retain your standard settings, then all data indicated above will be selected. When you click on the button “Continue as…”, then you agree that the selected Facebook data is transferred to IrisArke.
The data we obtain from Facebook or Google will be used to create your IrisArke account. This means that we will use the username of your Facebook or Google account as the username for your IrisArke account so that it is visible to the other visitors of the Website and users of the App. If we obtain access to your list of friends from Facebook, we will use it in your profile to show different brands how many friends you have on Facebook and thereby generate more confidence in transactions with you. Other Data obtained from Facebook or Google will not be visible on the Platform.
You can undo the link with your Facebook or Google account any time you want. You do so through “My setting” on your IrisArke account. In case you registered without linking to your Facebook or Google account, you can still do so later on.
b. Register without Facebook or Google account
If you do not want to register through a Facebook or Google account, you will be asked to enter the following data on our Website or App
Confirmation that you are older than 18 or you have permission from parent or custodian
Your username is visible to all users of the IrisArke platform and all users of the App. Other information you provide as a part of the registration process will not be visible. Your username can be a pseudonym and does not have to be the same as your real name.
2.3 Completion of your profile
After registration, you can add facultative information to your profile. Go to “My settings” in your account.
a. Profile information
You can add the following information under “Profile information”:
First and last name
Date of birth
Your profile picture and the information you provide in the field “About you” are visible to other visitors of the Website and users of the App, but the rest of the Data you provide is not visible.
Under “Payments”, you can provide the information for the bank account (name ofthe account holder and IBAN) on which your payout must be made of the margin on the items you sell to buyers on the Platform. You can store this information under “Payments”. If you do not do so, IrisArke is unable to carry out payouts.
2.4 Use of Platform for transactions
We will store and Process Data about your transactions on the platform (e.g. item,price, time of transaction, etc.). You can see his data in the transaction overview of your account.
If you buy items on our Platform, we collect additional Data by way of our accepted payment methods, location, reactions to items, etc. This data is only visible to visitors of the Website and users of the App.
2.5 Communication, reactions, and evaluations
When you use our services, we also collect the following Data:
a. News you share with other Brands through the Platform;
b. Contributions to the forum;
c. Reactions you post regarding items sold by other brands;
For technical reasons, the content you generate remains on-line after the end of your user agreement. Your name, nevertheless, will not be visible and there will bean announcement indicating that the content derives from a member who is nolonger active (see our ).
2.6 Location data when you use the App and certain internet browsers
If you register for IrisArke, we process the location data that was collected through your App or web browser (as a part of your IP-address).
3. Purposes we Process your Data for
To the extent not indicated already under 2, we Process your Data with the following purpose.
3.1. Provision of our services
We process your Data to be able to implement the user agreement, to provide the services you use on our Platform,
and to facilitate the sale of items by you;
to facilitate the electronic processing of payments for goods that are bought and sold on the Platform;
to facilitate communication with brands;
to send messages to you that are necessary for the provision of our services;
to offer an overview of your transactions on the Platform (transaction history);
to show you offers from other brands you may be interested in
to be able to provide our services without technical malfunctions and to be able to recognise and resolve any possible errors.
3.2. Legal rights, improvement of our Platform, prevention and detection of inadmissible activities, system security
We will process your Data as well to defend the following legitimate interests of IrisArke and/or possible third parties:
Resolution of disputes, enforcement of our CoU and the enforcement and exercise of our rights.
Analysis and evaluation of usage of our Platform with the purpose of the continued improvement of our products and services.
Prevention, detection, and persecution of unlawful activities, especially fraud.
or security purposes.
To be able to show you a current version of our Platform.
To guarantee the security of the Platform, the protection of the Data we keep and the detection of cyberattacks and other threats to the integrity of the Platform.
3.3. Creation of anonymous user profiles
IrisArke uses the Data that was collected during registration (see above under 2.2) and during creation of the profile (see 2.3), the Data about your forum activity (see 2.6), your logfiles (see 2.1) and your user data as collected through cookies (see below under 8) to create an anonymous user profile (“User profile”).
Unless permission was granted for this, IrisArke will under no circumstance use this User profile in a manner that enables making a connection between this profile anda specific person. This means that IrisArke will not be able to determine the identity of the member. IrisArke guarantees besides that user profiles without permission will not be combined with other personal data ofusers, for any technical, personal,or administrative purpose whatsoever.
IrisArke creates and uses User profiles for the benefit of the following legitimate interests:
We use User profiles to analyse and understand the behaviour of brands. For essential and frequently used services of the Platform, this insight enables us to improve existing services and/or to add different services.
Users receive personalised marketing messages based on the User profile created. This means that users receive marketing messages based on their interests and User profile. Marketing messages are sent on the basis of advertisers who are involved in the Platform and, if permission was obtained for this, forwarded by way of e-mail to the address provided during registration or to the mailbox within the Platform account (messages or inbox)
3.4. E-mail newsletter and other marketing mails
You can register for our newsletter and for other marketing e-mails (“Marketing E-mails”). When you register, we ask you for permission to Process your e-mail address with the purpose of sending you Marketing E-mails containing the most recent information about our products and services, especially with regard to goods that are available on the Platform, special offers and marketing campaigns. You only receive Marketing e-mails if you have given permission for this.
Your permission for the sending of Marketing E-mails can be withdrawn by you at any time you wish. You can modify your settings in your IrisArke account to block the forwarding of any possible future Marketing E-mails. You can also click on “Unsubscribe” at the end of the Marketing E-mail. The withdrawal of permission does not affect the legitimacy of the Processing conducted prior to the withdrawal of the permission.
3.5 Account verification for security purposes
In case of abuse, our service provider will send you an automatic security message with the request to give us your phone number, so that your account can be controlled. You will receive a code by way of a text message sent to the phone number you submitted. You cannot use the App anymore until you have entered the code. Until such time, the Platform will be blocked for you. Your phone number is not visible to users of the Platform and is not used for any other purpose and especially not for marketing purposes
3.6. Personalising feeds
To show you the items that are relevant to you, we profile you and personalise your feeds based on your gender, age, country, preferences, information about category, brand, colour, condition, price, size of the items purchased and purchase history. We have a legitimate interest in personalising your feeds pursuant to art. 6(1)(f) of the General Data Protection Regulation of the EU – our platform is more useful to our users and thanks to the personalisation you can see offers from other brands in which you may be most interested.
3.7. Reporting illegal posts
In exceptional cases in which we identify illegal posts on our website, we can report such to the police. In those cases, we provide your username, e-mail address, name,IP-address, and the most recent logins, phone number (if verified), screenshot/link of the forum post or thread in which the suicidal statement appears. We provide the Data in those circumstances to protect your vital interests pursuant to art. 6(1)(d) ofthe General Data Protection Regulation of the EU.
3.8. Contacting you regarding opportunities
We can contact you by e-mail or an inbox message to propose you to share your content on our social media profiles or to participate in our marketing campaigns. The purpose thereof is not increase publicity for you and IrisArke or to offer you options for earnings, which is a legitimate interest pursuant to Article 6(1)(f) of the General Data Protection Regulation of the EU.
3.9 The sharing of your pictures and other content on the social media of IrisArke
If you give us permission to do so, we will post your content on our social media accounts. In that case, we only use your content for said purpose based on your permission (Article 6(1)(a) of the General Data Protection Regulation of the EU).
3.10. The conducting of advertising campaigns you are involved in
If you consent to participate in our advertising campaigns, we use your phone number to contact you with a proposal to participate in our advertising campaigns and we will provide you with more information about the project. If you provide your address and room pictures, we will use them to reach your location and shoot the advertisement. This information can be transmitted to our partners (advertising agencies, directors) who are responsible for the carrying out of the advertising campaign. We will collect your date of birth, nationality, and information about your company certificate or individual company status to create a contract between you and IrisArke and implement it. If you give permission, we can furthermore use yourname, age, city or story in the advertising campaign. We will use the data referred to, based on your permission (Article 6(1)(a) of the General Data Protection Regulation of the EU) or to create a contract between IrisArke and you and implement it in case a contract has been created (Article (6(1)(b) of the General Data Protection Regulation of the EU).
4. On-line security
Access to your account is protected by a password that you set. Do not give this password to anyone. As soon as you no longer want to use IrisArke, do not forget to log out with the aid of the Logout button, especially if you are using a public computer. N.B. The transfer of data through the Internet (for example by e-mail) is not always fully secure and the prevention of access by third parties cannot be guaranteed.
We take all necessary technical and administrative security measures to protect your Data against unauthorised loss and access as well as against unauthorised modification, provision, or removal. Access to your Data is restricted to the persons who need it for the purpose as described in this statement regarding data protection.Those persons must observe the applicable legislation regarding data protection.
5. Contract processing
IrisArke can appoint external service providers to provide specific services. These service providers will carry out data processing procedures on our behalf and commissioned by us (contract processors). IrisArke will select contract processors with care and in accordance with applicable legislation regarding data protection. In addition, IrisArke will make sure that Processing is carried out in accordance withthe provisions of a possible written contract and with the legal regulations in the field of data processing
The procedures carried out on our behalf comprise:
delivery of the technical infrastructure for the Platform and the delivery of the server space;
on-line and usage analysis;
customer service and processing of questions;
payment processing and escrow;
trust in and the security of the Platform (e.g. prevention of fraud and intimidation);
The contract processors we have appointed have, under certain circumstances, access to your personal Data, but exclusively for the purpose of the data processing requested. Contract processors are also contractually obliged to make sure that their level of data protection is at least equal to ours. All Data processed on our behalf remain under our control. We constantly control compliance with our instructions, with guaranteed data protection levels and with contractual agreements we conclude with the data processor.
A number of these service providers may be located in countries outside theEU/EEA, whose data protection levels are considered insufficient within the EU/EEA. We have nevertheless concluded appropriate agreements with these service providers (or other guarantees have been provided) that make sure that all necessary measures are taken to protect your data in accordance with the applicable conditions.
6. Recording of public information by external search engines
Your username, your profile picture, and data on your social media accounts (see 2.2 and 2.3 above) and all other content you publish, as well as items you sell, forum messages, reactions to items (see 2.4 and 2.6 above), as well as the date of your registration are freely available on-line and for this reason also included in external search engine results. We therefore advise you not to publish addresses, phone numbers, e-mail addresses or other contact information or sensitive or personal information.
7. Provision of your Data to third parties
IrisArke is legally obliged to provide personal data and/or User data to law enforcement, criminal prosecution, or monitoring authorities if and to the extentnecessary to avoid risks for the public and for the prosecution of criminal acts.
In all other cases your Data will only be transmitted to third parties if you have given permission or have granted access to your Data to third parties yourself (this does not apply in case of third parties we have appointed as contract processors, see 5 above).
8.1 Obligatory cookies
Cookies are tiny text files that our Platform wants to place on your computer or other on-line devices, such as tablets or smartphones. Assuming that your browser settings accept cookies, your browser adds the text in the form of a tiny file.
Unless stated otherwise elsewhere in this statement regarding data protection, the cookies we use are necessary for the functionality and the performance of our Platform. This comprises cookies that enable you to register for the protected partsof our Platform, to purchase an item, or to use the on-line payment system. Most cookies are removed from your device at the end of your browser session (session cookies). The information stored in the obligatory cookies will exclusively be used by us to provide the requested services and functions.
8.2. Permission for cookies
In case you access our Platform, we will ask you for permission to place additional cookies on your device, by showing you a cookie banner and asking for your permission. These cookies are not strictly necessary for the functioning andperformance of our platform, but they help us:
recognise how many visitors come to our Platform and how they behave when they are here. This helps us to improve the functionality of our Platform, e.g.,make sure that users can find what they are looking for (analytic/performance cookies) and by helping us
recognise you when you visit our Platform again. This enables us to personalise our content, to greet you with your name and to save your preferences (functional cookies) and
record your visit to our Platform, as well as which pages you visit, and on which pages you click. We will use this information to better calibrate our Platform as well as the advertisements we show based on your preferences. If you have given us permission to send you Marketing E- mails (see 3.4 below), then we will also use this information to send you personalised Marketing E-mails (targeted cookies).
8.3 Managing your cookie settings
8.4 Use of Google Analytics
This website uses Google Analytics, a web-analysis service of Google Inc.(“Google”). Google Analytics uses “cookies” (text files) that are stored on your computer and that make sure that your use of the Website can be analysed. The information that is generated by the cookies with regard to your use of the website is generally transferred to and stored on a Google server in the United States. On ourPlatform, we have activated IP-anonymisation so that, within EU member states or other states that have signed the Agreement regarding the European Economic Area,your IP-address will be abbreviated by Google beforehand. Only in exceptional cases, the entire IP-address will be transferred to a Google Server in the United States and stored there. Google will use this information on behalf of IrisArke to evaluate your use of the Website, to generate reports about website activity and provide IrisArke with additional services regarding the Website and on-line use. The IP-address transferred from your browser as a part of the activity of Google Analytics will not be linked to other data that Google retains. You can prevent that cookies are stored on your computer by adjusting your browser settings, however, if you do so, certain functions of the Website may be limited. You can also prevent that Google registers the data that are generated and that are based on your Website use (including your IP-address) and that this data are Processed by Google, by downloading and installing the browser plug-in through this link.
This website uses Google Analytics, a web-analysis service of Google Inc.(“Google”). Google Analytics uses “cookies” (text files) that are stored on your computer and that make sure that your use of the Website can be analysed. The information that is generated by the cookies with regard to your use of the website is generally transferred to and stored on a Google server in the United States. On ourPlatform, we have activated IP-anonymisation so that, within EU member states or other states that have signed the Agreement regarding the European Economic Area,your IP-address will be abbreviated by Google beforehand. Only in exceptional cases, the entire IP-address will be transferred to a Google Server in the United States and stored there. Google will use this information on behalf of IrisArke to evaluate your use of the Website, to generate reports about website activity and provide IrisArke with additional services regarding the Website and on-line use. The IP-address transferred from your browser as a part of the activity of Google Analytics will not be linked to other data that Google retains. You can prevent that cookies are stored on your computer by adjusting your browser settings, however, if you do so, certain functions of the Website may be limited. You can also prevent that Google registers the data that are generated and that are based on your Website use (including your IP-address) and that this data are Processed by Google, by downloading and installing the browser plug-in through <2>this link.
For a summary of the data protection rules of Google, click here.
8.5.2 Use of Google Adsense
This Website uses Google Adsense, an on-line advertising service of Google. Google Adsense uses “cookies” (text files), that are stored on your computer and that make sure that your use of the Website can be analysed. Google Adsense uses “web beacons” (tiny invisible pictures) to collect information. Web beacons make sure that simple actions, such as visitor traffic on the Website can be registered and collected. Information that is generated by the cookie and/or the web beacon with regard to the use of this Website (including your IP-address) will be transferred to and stored on a Google server in the United States. Google uses this information to evaluate your use of the Website with regard to advertising shown on the Website, to produce reports for the operator of the Website regarding Website activity and advertising and to provide more services regarding the Website and Internet use. Google can also provide this information to third parties to the extent legally mandatory or in case the third parties concerned process such data on behalf of Google. Google will never combine your IP-address with other data held by Google.
8.6. Use of Google Remarketing
We use the remarketing technology from Google. This technology enables users who have used our Website and our on-line services and that have indicated to be interested in our offer to be retargeted with advertising on web pages of the Google partner network. The display of advertising is made possible through the application of cookies, tiny text files that are stored on the computer of the user. The text files make it possible to analyse the behaviour of users when they visit the Website, which can subsequently be used for targeted product recommendations and customised advertising. The data that is obtained by targeted advertising through Google and from visitor data of external suppliers (such as age, gender, and areas of interest) is registered by us in Google Analytics.
8.7. Use of third-party cookies
You can prevent the storage of and the tracking of such cookies by third parties by adjusting your browser settings.
8.8 Description of cookies
We constantly try to improve your user experience with IrisArke. That is why we may invite you to participate in surveys and to use your feedback. In such case, we will temporarily link your answers to your username and your profile information (e.g. the quantity and the average price of items you have purchased and sold, the number and type of paid services you have purchased). Afterwards, this information is immediately anonymised (that is, the answers can no longer be linked to you).
10. Right of modification
As we constantly develop our services, we reserve ourselves the right to modify this statement regarding data protection at any time we wish, with due regard for the relevant regulations. Any possible modifications will be published on this page without delay. Regardless of the preceding, you must regularly check this page for any possible updates.
11. Retention period of your data
Unless indicated otherwise in this statement regarding data protection or established by a regulation, we keep
the personal data as specified under 2.1 for 30 days from the day of establishment;
in case you had carried out transactions through the Platform – your personal data for 12 months after the date of the transaction for the purpose of our legitimate interests;
all other personal Data as specified in this statement regarding data protection for a period of three months from the date of removal of your IrisArke account or for a period of three months after five years of inactivity of your account;
in case you have been blocked on account of a violation of the General Conditions of IrisArke, data (e-mail, address, IBAN, phone numbers) 2 (two) years stored after the moment that you were blocked. We do this for the benefit of the legitimate interest of IrisArke and our users (to guarantee the security of our Platform and other users) pursuant to art. 6(1)(f) of the General Data Protection Regulation of the EU.
12. Your legal rights regarding your Data
Pursuant to legal provisions with regard to data protection, you have the right at all times:
to obtain information about the Data we Process and to demand a copy of the relevant data (right to information). All Data you have actively provided to us on the Platform (2.2 to 2.6) can also be perused by you at any time you wish in your IrisArke account;
to demand the correction of incorrect Data and, depending on the nature of the Processing, the completion of incomplete Data (right of rectification). You also can modify all data you have actively provided to us on the Platform (2.2 to 2.6) any time you want on your IrisArke account (except for sent messages and any possible forum messages or evaluations);
under reserve of fairness, demand the removal of your Data (right of removal);
demand the restriction of the Processing of your Data, assuming that the obligatory criteria have been met);
on condition the obligatory criteria have been met, to receive the Data you have provided on structured, current, and machine-readable manner and to transfer such Data to another processor or, where this is technically feasible, let it be transferred by IrisArke (right to data-portability);
be subject to decision-making that does not rely entirely on computerised Processing, unless the legal conditions for such computerised decision-making have been met. At the moment, IrisArke does not use any computerised decision-making; and
to file an objection against the processing of Data – only if the processing is based on a task that is carried out in the public interest or to implement an official power (art. 6(1)(e) of the General Data Protection Regulation of the EU) or a legitimate interest (art. 6(1)(f) of the General Data Protection Regulation of the EU), including profiling based on the same grounds for Data Processing as explained in other sections of this statement (right to object).
You also have the right on exceptional grounds to renounce the obligatory Processing of your Data. When your personal Data is Processed for direct marketing purposes, you can object against such Processing (right to object).
In addition, you have the right at any time you want to withdraw any permission you have given us as a part of the registration for or the use of our services. Such withdrawal does not affect the legitimacy of the Processing that was carried out prior to the withdrawal and based on permission granted. With regard to the permission for cookies, you can use the unsubscribe and deactivation mechanisms that have been set for the various services (see statement regarding data protection for the individual services under 8.2 and 8.4 of this Website). This ensures that a permanent deactivation cookie is placed on your browser, so we know that your browser must not be subjected to such registration of data. N.B.: if you remove all cookies that have been placed in your browser, you will remove the deactivation cookie as well. In such case, you will have to complete the process described above again if you wish to use our Platform with a different device or a different browser.
You can withdraw your permission for the sending of our newsletter by adjusting your IrisArke account settings in such a way that the forwarding of future Marketing E-mails is blocked. In addition, you can click on “Unsubscribe” at the end of the Marketing E-mail.
If you wish to exercise one of the rights stated in this section, you can contact IrisArke through the contact information below. Regardless of other legal means, you also have the right to file a complaint with the monitoring authorities.
13. Our Contact Information
If you have questions regarding the Processing of your data as a part of your use of the Platform or with regard to your rights, please contact our data protection officer at: email@example.com.
De Cuserstraat 93
1081 CN Amsterdam
Chamber of Commerce number 76433188
RSIN number 860621388