Marketplace Menu

Privacy Policy

PRIVACY POLICY

Last updated: April 18, 2023

Contents

1 Data Scope

1.1 Types of data processed

1.1.1 Data Processing by KulturCart can essentially be divided into three categories

2 Data Controller

2.1 Contact details of the data protection officer

3 Data Policy

3.1 Data Processing

3.1.1 Examples Scenarios of data collection and purpose

3.1.2 Data Retention and Security

3.1.3 Data rights

3.2 Data Sharing and Usage Policy

3.2.1 Provision of Contractual Services

3.2.2 Messages from Kulturcart / Newsletter

3.2.3 Comments and Contributions

3.2.4 Payment services

4 Cookies and Other Identifiers

4.1 Consent to the use of individual online services / the collection of tracking data/revocation

4.1.1 Consent for meta retargeting (website custom audience and conversions)

4.1.2 Consent for Google

4.2 Further processing of tracking data for legitimate interests

4.2.1 Connected Commerce feature for displaying local offers on Google Maps:

5 Privacy policy changes

5.1 Related Practices and Information

5.1.1 Further Questions?

 

Thank you for your interest in our data protection at KulturCart.

Data protection is a question of trust, and it is very essential to us. We believe in integrity and are committed to being transparent and open about our privacy practices. Your data is safe with KulturCart.

This privacy notice informs you about what data we collect from you, how we collect them, and how we use them through KulturCart websites, products, and services (which we may refer to as “KulturCart”, or “Services” or “KulturCart Services”). In particular, the General Data Protection Regulation (GDPR) serves as the legal basis for data protection.

We will also inform you about your rights under applicable data protection law and tell you whom you can contact if you have any questions.

1           Data Scope

Personal data is information that may be directly or indirectly identified to you. The accompanying data protection information informs you about the kind and scope of KulturCart's processing of so-called personal data.

1.1          Types of data processed.

  • Inventory data (e.g., business and products names, addresses).
  • Contact information (e.g., email, telephone numbers).
  • Content data (e.g., text input, photographs, videos).
  • Contract data (e.g., contract subject, term, customer category).
  • Payment data (e.g., bank details, payment history).
  • Usage data (e.g., websites visited, interest in content, access times).
  • Meta/communication data (e.g., device information, IP addresses).

1.1.1          Data Processing by KulturCart can essentially be divided into three categories.

  • When you visit the KulturCart website, various information is exchanged between your end device and our server. This can also be personal data. The information collected in this way is used, among other things, to optimize our website.

 

  • All data required for processing and managing the order will be processed. Your data will only be passed on within KulturCart and the Seller, and only to the extent that this is necessary to process your order.

 

  • We only process your data for advertising purposes if you have given your separate consent or if we are legally authorized to do so, and you have not objected to data processing for advertising purposes. By the legal requirements, you have various rights that you can assert against us. We describe your rights in detail in this Privacy Policy notice.

 

2           Data Controller

In accordance with Article 4 (7) of the EU General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG 2018). KulturCart is responsible for processing your personal data when you visit our Services.

2.1          Contact details of the data protection officer

The contact details of the data protection officer are:

KulturCart

Ringstraße 22,

84347 Pfarrkirchen

Telephone:

Email: dataschutz@kulturcart.de

 

3           Data Policy

We process your personal information to run our business and provide our users with the Services. By accepting our Terms of Use and other policies, you confirm that you have read and understood this policy, including how and why we use your information. If you don’t want us to collect or process your personal information in the ways described in this policy, you shouldn’t use the Services. We are not responsible for the content or the privacy policies or practices of any of our Sellers, Websites/Micro store hosted through Pattern by KulturCart, or Seller third-party websites and apps.

3.1          Data Processing

We process your personal data when you visit the KulturCart websites, provide information via a contact form on our website, or contact us in any other way. We collect your personal information to provide and continually improve our products and services. The types of personal information we collect are:

  • Information you give us:

We receive and store any information you provide in relation to KulturCart Services, e.g., Registration, Account Setup, and Service usage.

 

  • Automatic information:

We automatically collect and store certain types of information about your use of KulturCart Services, including your interaction with content and services available through KulturCart Services. Like many websites, we use cookies and other unique identifiers, and we obtain certain types of information when your web browser or device accesses KulturCart Services and other content served by or on behalf of KulturCart on other websites.

 

  • Information from other sources:

We might receive information about you from other sources, such as updated delivery and address information from our Sellers and Carriers, which can be used to correct our records and deliver your next purchase more easily.

 

We process inventory data (e.g., names and addresses as well as contact details of users), and contract data (e.g., services used, names of contact persons, payment information) for the purpose of fulfilling our contractual obligations and services in accordance with Article 6 Paragraph 1 lit b . GDPR. The entries marked as mandatory in online forms are required for the conclusion of the contract (registration).

3.1.1          Examples Scenarios of data collection and purpose

  1. Registration, Account Setup, Service Usage:

To use our Services, you must submit some information, such as your full name and a valid email address. If you register with us as a buyer, you can set up your password-protected customer account during registration, and If you register with us as a seller, you will receive an email containing your password-protected seller's account for you. This information is used for identification in the KulturCart customer account. You may modify this information through your account settings. In your account settings, you can manage your data and view past, open orders, and orders that are ready for collection or that are being delivered. Additional information, such as a shop name, billing, and payment information (including billing contact name, address, and telephone number), a telephone number, and/or a physical postal address, may be necessary in order for us to provide a particular service. For example, sellers need a physical postal address when buyers get something on the site for delivery. As a KulturCart seller, we require your full name, social security number, identification ID or tax ID, date of birth, bank account information, photograph, and/or other proof of identification in order to verify your identity, provide this service to you, and comply with applicable law. For example, in the EU, KulturCart Sellers’ imprint (including trade name or individual name as applicable), may be displayed to buyers on KulturCart in order to comply with local legal requirements.

 

For both buyers and sellers, we require this information from you in order to provide you with the Services (including, verifying ownership of an account, mitigating fraud and abuse, complying with regulatory obligations, completing a transaction as a buyer or seller, and interacting with you about KulturCart Services through several means (e.g., by phone, email, or chat).). We DO NOT receive or store credit card information and other information provided to us during checkout, for billing and payment purposes, and to process your transaction.

 

KulturCart may contact individual shop owners confidentially to request more information about their shops or items listed through the Services or may request information from buyers to ensure compliance with our policies and applicable law. In order to use certain products or services on KulturCart, you may be required to complete an application; information that you submit through the application process will not be displayed publicly and will only be used internally by KulturCart unless otherwise specified.

 

  1. Profile:

Registered Users: You may provide your name and other personal information (such as birthday, gender, and location) in connection with your account and activity. You can edit or remove this information through your account settings. The name associated with your account (which you may modify in your account settings) is publicly displayed and connected to your KulturCart activity. Other members may see some of your inputs such as; ratings, reviews, and information relating to items you review, and related photos for items you purchased or sold; your profile information; items you listed for sale; your shop pages and policies; sold item listings and the number of items sold; comments you post in our community spaces; and information you decide to share via social networks. For Sellers, we may collect and use information about you in order to feature you in marketing and advocacy materials and to feature you and your shop on and off the platform, as provided for in KulturCart’s Terms of Use or as otherwise legally required. From time to time, we may also ask you about certain demographic information, such as your race, ethnicity, sexual orientation, or gender identity, in relation to specific marketing and advocacy projects and campaigns. Providing this demographic information is entirely voluntary, and at the time we ask, we will also seek your consent to use it.

Guests: Users may also have the option of ordering as a guest. With the so-called guest order, no user account is created for the online shop and the order and personal data such as address and delivery address are not stored in a user account of the online shop. With each further order, the user must enter the data required for the order again and cannot access his previous orders online.

 

  1. Automated Information:

For KulturCart to function and deliver the services, we automatically receive and collect information from your browser or devices when you install, access, or use our services. Information such as your IP address or unique device identifier, operating system details, hardware type, cookies, and data about the pages you visit and how you interact with those pages This data is collected automatically and logged. Information we collect about you may be combined with data we collect directly or indirectly from vendors or other partners. This data is utilized for several purposes, including but not limited to fraud detection and prevention; service optimization; audience segmentation; ad delivery across devices; and content customization.

 

  1. Data from KulturCart Vendors and Suppliers:

We also get information about you from our partners and vendors. This information may include interactions with customer support and inquiries, payment information, shipment information, and information discussed in the KulturCart community.

 

  1. Data from Advertising and Marketing Partners:

KulturCart may obtain information about you from our advertising and marketing partners. This information can include attribution information from cookies and UTM tags in URLs, responses to marketing emails and ads, replies to offers, and audience information from partners you have consented to share with us. This information is used to tailor your experience with KulturCart Services to your individual tastes and to suggest features, goods, and services that may be of interest to you.

 

  1. Location Information:

To serve content, advertise, analyze, and secure the services, we collect information about your use. This may comprise your IP address, browser (including referrers), device information when enabled by you, and location information provided by your device. You can share your geolocation with KulturCart when using the website, apps, and services. For example, when finding a vendor near you,

We get location data from your profile or IP address. With your approval, we may use other information from your devices, such as GPS or information from nearby wireless networks or cell towers. For our internal analytics and performance monitoring; localization, regional requirements, and policies for the Services; local content, search results, and recommendations; shipping and mapping services; and using approximate location information, such as a city or country, for marketing and personalizing and tailoring our Services to you, we use and store information about your location. You can withdraw your consent to share your precise device location facts with us through the apps or your mobile device's settings. The site relies on non-precise location services for security and localized policies based on your IP address or provided address. To provide you with the Services, we will only share your geolocation details with third parties like mapping services, payment processors, and advertising partners.

 

  1. Analytics Information:

Data analytics tools help us improve our website and applications' functionality and Services. This program tracks App usage, App events, cumulative usage, performance statistics, app issues, debugging information, and App downloads. Your personally identifiable information is not linked to the analytics software data we store.

 

  1. Information from Third Parties:

Users may log in or register an account on KulturCart using third-party services like Google, etc. Linking KulturCart to third-party apps or services is optional, and it is subject to your agreement with that third party. Kulturcart can get information from third-party applications if you connect your account. When we interact with you on social media, we may gather public information. The services may utilize the information. You may also share part of your KulturCart activity on related social media networks, which you can cancel in your account settings. Several third-party programs you use to establish or login into your account may allow you to stop receiving our messages or forward them to another email address. We may suspend or delete your account if we cannot transmit important account messages.

 

  1. Non-Member Information:

When a user who is not yet a KulturCart member (a "non-member") provides information (like an email address, comments, or IP address) in connection with certain features, such as when that user signs up for a KulturCart newsletter, when that user invites other users to visit the website, when that user visits our blog, when that user makes a transaction, etc. KulturCart will only use non-member information for reasons that were made clear when the information was given to us. This could be because the information is needed to run our services or because KulturCart has a legitimate interest in it.

3.1.2          Data Retention and Security

KulturCart will retain your information for as long as necessary for the purposes set out in this policy, for the lifespan of your user account, or as needed to offer the Services to you. You can cancel your account if you decide you no longer want KulturCart to utilize the information you provided to offer the services to you. KulturCart and Seller(s) will preserve and use your information to comply with legal responsibilities (such as tax/revenue laws), settle disputes, enforce our agreements, and as otherwise specified in this policy. If a customer's KulturCart account is deleted, the profiles in the KulturCart system are erased and anonymized (all the personal data is replaced with completely random data). Anonymizing the data will allow us to maintain associated statistics such as order history for the marketplace while also ensuring that sellers are not misled about their tax retention responsibilities. Orders are no longer possible if an account is deleted without a fresh registration. After the applicable commercial and tax retention obligations have expired, all information will be permanently erased.

  1. General Information about the customer account:

KulturCart offers customers the permanent storage of personal data in a password-protected customer account/user account. Creating a customer account is voluntary and data collected is processed on the basis of Article 6 Paragraph 1 Letter b) GDPR. After setting up a customer account, no new data entry is required and users can view and change the data stored about them at any time. Customers have the option of deleting their customer account at any time, but all data visible in the customer account will not be deleted at the same time. The legal basis for this further data processing is Article 6 Paragraph 1 Letter c) GDPR and Article 6 Paragraph 1 Letter f) GDPR.

 

  1. Customer Account Protection:

Customer accounts require a password. Our password policy recommends a strong password with eight digits and no personal information. Your data can only be protected if you keep your access data safe and secure from third parties. Many people use the same password for several services. Don't do this. "Phishing mailings" are used by third parties to steal login details and other information, such as email addresses and contact details. Check personal data requests for validity, especially if they come via email. KulturCart continually monitors client accounts for fraudulent logins. If KulturCart suspects fraudulent access, it will ban the client account. In addition, KulturCart may notify you if substantial changes have been made to your customer account (e.g., address data or email address) so you can verify whether the modification was done legitimately or by an unauthorized third party.

 

Some suggestions on how to keep your account safe include the following:

 

  • Use safe passwords and PIN numbers to protect your customer account and PC, laptop, or mobile device.
  • Always log in from a safe device.
  • If you use a public computer, log out after visiting KulturCart.
  • Make sure you only use your passwords for one account! Use multiple passwords for various providers or sites. Verify whether you're using KulturCart's password elsewhere. If so, immediately change all passwords. Remember, only you should know the passwords.
  • Avoid using common terms, your name, or family names. Combining upper- and lower-case letters, numbers, and special characters makes the password more safe.

 

  1. Caution against spam, phishing, and impersonating emails:

Regrettably, KulturCart could be misused in this scam as the bogus sender. What this amounts to in practice is fraudulent KulturCart emails being sent to customers. These emails frequently mimic the look of the KulturCart brand and may look like they came from the legitimate KulturCart service.

 

Scammers could aim to take advantage of people's goodwill toward KulturCart in order to steal personal information (such as login credentials, and customer information) or to infect their devices with viruses and Trojan horses.

 

Even though our name may appear as the sender, these emails are neither developed nor delivered by KulturCart. While KulturCart would like to stop these illicit emails from being sent, sometimes they are beyond their control.

 

Here are a few telltale signs that an email came from KulturCart:

  • You will only get confirmations and invoices from KulturCart for orders that you have really placed.
  • We will never contact you through email to request personal information or ask you to confirm personal data via a link in an email.
  • KulturCart will only send emails including attachments if you have asked for them (e.g operating instructions).
  • All KulturCart emails are proofread before being sent, so you can be certain that they will be error-free in spelling and grammar.

 

Here's how to deal with spam, phishing, and spoofing emails:

 

  • Delete any emails that look suspect right away.
  • Do not click on links or download attachments from unknown senders, and under any circumstances give out sensitive information.
  • If your device or KulturCart password was compromised due to clicking on links in an email, go to My Account right away to update it. If you haven't already, please scan your computer for viruses as well.
  • Check the My Account section of the website if the email claims to be from a trusted source or contains any odd information regarding orders or your customers. You'll be able to see a complete record of every order you've ever placed, along with its current status and the invoice numbers associated with it. In order to achieve this, you will need to manually input www.kulturcart.de into your browser's URL bar. This will protect you in the case that the email contains a link to a malicious website.
  • Allow us to help you out: Get in touch with us as soon as possible if you have any questions or doubts.

3.1.3          Data rights

As a KulturCart user, you have certain rights under GDPR that we are committed to respecting and upholding. These rights include:

  • The right to access your personal data and information about how it is being processed (Article 15)
  • The right to request the erasure of your personal data under certain circumstances (Article 17)
  • The right to rectify inaccurate or incomplete personal data concerning you (Article 16)
  • The right to request the restriction of processing of your personal data (Article 18)
  • The right to data portability, allowing you to receive your personal data from us in a structured, commonly used, and machine-readable format (Article 20)
  • The right to lodge a complaint with a supervisory authority if you believe your rights under GDPR have been violated (Article 77)
  • The right to withdraw your consent for processing personal data at any time, without affecting the lawfulness of processing based on consent before its withdrawal (Article 7(3))

We take your privacy seriously and will do everything we can to ensure that your rights are respected and upheld.

If you have any questions or concerns about exercising your data protection rights, please do not hesitate to contact our Privacy Team at dataschutz@kulturcart.de. We are here to help you protect your privacy and ensure that your personal data is processed lawfully and securely.

 

3.2          Data Sharing and Usage Policy

At KulturCart, we are committed to protecting our users' personal data. We will only share data with third parties in compliance with legal requirements. We will only pass on user data to third parties where it is necessary to fulfill a contract or on the basis of legitimate interests in the effective operation of our business. We may share data with KulturCart vendors, partners, and shipping companies to fulfill the delivery of ordered goods. We may also pass on payment data to the payment service provider used by the user.

3.2.1          Provision of Contractual Services

As the operator of the KulturCart marketplace, we collect personal data from users who send us their information as part of their order or when they contact us or a connected vendor shop. This data includes information such as name, address, email, phone, and date of birth. We use this data to process purchases, including warranty claims and any claims against the user. We also use the data for our own marketing purposes. Users may optionally create a user account, which is not public and cannot be indexed by search engines. We store usage and content data for advertising purposes in a user profile.

3.2.2          Messages from Kulturcart / Newsletter

KulturCart may contact users via email, Messages, or push notifications for various reasons, including marketing, transactions, advocacy, and service update purposes. Users can opt out of receiving marketing communications via email or Messages in their account settings or by following the unsubscribe link in any marketing email received. We may also contact users by telephone or SMS (or similar) message for customer support, research or feedback, security purposes, or to provide information about products and features. When users contact a seller using our platform Messages, we may share aggregated information about their use of the Services with sellers to provide better service. Service-related messages, such as order notifications or security updates, are necessary and cannot be opted out of.

3.2.3          Comments and Contributions

As part of our commitment to creating a vibrant and engaging online community, KulturCart offers users the ability to leave comments and contribute content to the platform. Users who choose to do so should be aware that any content they submit, including comments, images, and other materials, may be publicly visible to other users of the platform. KulturCart reserves the right to remove any content that violates our community standards or our terms of service, or that we deem to be harmful, offensive, or inappropriate in any way.

By submitting content to KulturCart, users grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display the content in any form, media, or technology now known or later developed. This license includes the right to use the user's name and likeness in connection with the content if we choose to do so.

Users are solely responsible for the content they submit, and must ensure that they have all necessary rights to submit such content to KulturCart. By submitting content to KulturCart, users represent and warrant that they have all necessary rights to do so and that the content does not infringe the intellectual property rights, privacy rights, or other rights of any third party.

KulturCart does not endorse or control the content submitted by users and disclaims all liability for any such content. We encourage users to report any content that they believe violates our community standards or our terms of service.

3.2.4          Payment services

We use your payment information to process your payments when you purchase products or services on kulturcart.de. Depending on your chosen payment method, we may share your information with third-party payment processors, such as your credit card provider. When purchasing from KulturCart partners on our platform, their service providers handle payment processing in accordance with data protection laws.

Payment Methods:

  1. Credit card or direct debit: If you use Stripe as your payment service provider, we will forward your information to Stripe Payments Europe Ltd. for payment processing. Your data will only be shared with Stripe Payments Europe Ltd. for this purpose. Visit Stripe's website for more information about its privacy policy.

 

  1. PayPal: When paying through PayPal, we share your payment data with PayPal as part of the payment processing. PayPal may conduct a credit check for certain payment methods and share your data with credit agencies to determine your creditworthiness. More information about PayPal's data protection practices and credit agencies used can be found on their website. You can object to this processing of your data by contacting PayPal. However, they may still need to process your data for contractual payment processing.

 

4           Cookies and Other Identifiers

This website/app uses cookies and similar technologies. These are small text files created by your browser and stored on your device (e.g. laptop, tablet, smartphone). They contain device-specific information, but not your identity. Some are deleted after a browsing session, while others remain to recognize your device for future visits. These files allow us to display personalized information and offer attractive features. However, we need your consent to store and retrieve information from your device, except in cases where it is necessary for website/app functionalities like displaying the shopping cart, mapping data, enabling login, and ensuring system security. You have no right of objection to this necessary data processing. The legal basis for this is § 25 paragraph 1 sentence 1 TTDSG, and § 25 paragraph 2 number 2 TTDSG.

4.1          Consent to the use of individual online services / the collection of tracking data/revocation

4.1.1          Consent for meta retargeting (website custom audience and conversions)

When you use our website or app, cookies, device identifiers, or similar technologies are employed to gather information about your browsing activity, such as items viewed. This information is jointly collected by KulturCart and Meta Platforms Ireland Limited.

Facebook is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law ( https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active ).

To enable tracking, a pixel from Meta Platforms Ireland Limited is integrated into our website, known as the website custom audience pixel. When you use our app, the device ID of your end device is transmitted to Meta Platforms Ireland Limited, along with any meta information related to your recent orders (conversions). In addition, your email address stored in the customer account may be transmitted to Meta as a hash value, but only if you are logged in and have given your consent through the banner solution on our website or app.

Meta Platforms Ireland Limited may use this information to personalize advertisements on social media platforms such as Facebook and Instagram. Specifically, based on your browsing behavior on our website or app, interest-related advertisements may be displayed to you on these platforms (known as retargeting).

Meta Platforms Ireland Limited may also combine the information collected via the pixel with other data they have collected about you, such as your social media account information, to create a profile for advertising purposes. It is important to note that Meta Platforms Ireland Limited is solely responsible for the permanent storage and further processing of the tracking data collected via the website's custom audience pixel.

However, we must disclose that Meta Platforms Ireland Limited stores data about you in the USA, which the European Court of Justice has deemed a country with an insufficient level of data protection. This means that there is a particular risk that your data may be processed by American institutions/authorities or other re