We care deeply about privacy and transparency. We are committed to being upfront about our privacy practices, including how we treat your personal information.
This policy explains our privacy practices for Baphomart.com (which we’ll refer to as the “Site”), Baphomart’s mobile applications (the “Apps”), and our other services provided by Baphomart Ltd, depending on your location (“Baphomart,” together with “we”, “us”, and “our”). We’ll refer to the Site, the Apps, and our other services as the “Services”. Baphomart Ltd is the data controller and is responsible for your personal information. This policy does not apply to the practices of third parties (including other members who sell using the Services) who may also collect or receive data in connection with your use of the Services.
By using the Services, you acknowledge that Baphomart will use your information in the United Kingdom, and any other country where Baphomart operates. Please be aware that the privacy laws and standards in certain countries, including the rights of authorities to access your personal information, may differ from those that apply in the country in which you reside. We will transfer personal information only to those countries to which we are permitted by law to transfer personal information as more fully described in the “Transfers” Section of this policy.
2. Information Collected or Received
In the course of providing our Services, we collect or receive your personal information in a few different ways. We obtain the categories of personal information listed below from the following sources: directly from you, for example, from forms you complete or during registration; indirectly from you based on your activity and interaction with our Services, or from the device or browser you use to access the Services; from our vendors and suppliers that help provide Baphomart services you may interact with (such as, for example, for payments or customer support), and from our third party advertising and marketing partners. Often, you choose what information to provide, but sometimes we require certain information to provide you the Services. Baphomart uses the personal information it receives and collects in accordance with the purposes described in this policy.
Registration, Account Setup, Service Usage: In order to use the Services, you will need to submit a valid email address. If you register, you will need to submit a name associated with your account. You may modify that name through your account settings. You need to provide this information to enable us to provide you with the Services. Additional information may be required, such as a shop name, billing and payment information (including billing contact name, address, telephone number, credit card information), a telephone number, and/or a physical postal address, may be necessary in order for us to provide a particular service. For example, we need a physical postal address if you are buying something on the Site for delivery. As an Baphomart seller, if you choose to use our external payment service (“Stripe, PayPal”), these companies may require your full name, identification ID or tax ID, date of birth, bank account information, photograph, credit card information, and/or other proof of identification in order to verify your identity, provide this service to you, and comply with applicable law. For both buyers and sellers, Baphomart requires some of this information from you in order to provide you with the Services (including, to verify ownership of an account, to mitigate fraud and abuse, to comply with regulatory obligations, or to complete a transaction as a buyer or seller). We may store credit card information for both billing and payment purposes. If you’re a Baphomart buyer in the EU, Norway, Iceland, or Liechtenstein, you may be asked to authenticate your payment method when you place your order. To authenticate a payment, you will need to respond to a prompt from your card issuer and provide additional information, such as a correct response to a question, a password, or a passcode. Baphomart 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 Baphomart, 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 Baphomart and its service providers, unless otherwise specified.
Profile: You may provide your name and other personal information 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 Baphomart activity. Other members may view you’re your 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; your Favourites, followers, and those you follow; 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.
Automated Information: Baphomart automatically receives and records information from your browser or your mobile device when you visit the Site, use the Apps, or use certain features of the Services, such as your IP address or unique device identifier, cookies, and data about which pages you visit and how you interact with those pages in order to allow us to operate and provide the Services. This information is stored in log files and is collected automatically. We may combine this information from your browser or your mobile device with other information that we or our advertising or marketing partners collect about you, including across devices. This information is used to prevent fraud and to keep the Services secure, to analyse and understand how the Services work for members and visitors, and to provide advertising, including across your devices, and a more personalised experience for members and visitors.
We also automatically collect device-specific information when you install, access, or use our Services. This information can include information such as the hardware model, operating system information, app version, app usage and debugging information, browser information, IP address, and device identifiers. For more information about these online tools and how we use them, see our Cookies & Similar Technologies Policy and “Information Uses, Sharing, & Disclosure” Section below.
Data from Baphomart Vendors and Suppliers: We also receive information from our vendors and suppliers about you. This information can include customer service interactions, payments information, delivery information, and information shared in Baphomart’s forums.
Data from Advertising and Marketing Partners: As described below, Baphomart receives information from our advertising and marketing partners about you. This information can include attribution information via cookies and UTM tags in URLs to determine where a visit to Baphomart comes from, responses to marketing emails and advertisements, responses to offers, and audience information from partners who you have given consent to share that information with us.
Location Information: We collect information about your use of the Services for advertising, for analytics, to serve content, and to protect the Services. This can include your IP address, browser information (including referrers), device information (such as iOS, Android, and, when enabled by you, location information provided by your device). You can choose to publish your location when you sell on Baphomart.
Analytics Information: We use data analytics software to ensure Site and App functionality and to improve the Services. This software records information such as how often you use the Apps, what happens within the Apps, aggregated usage, performance data, app errors and debugging information, and where the Apps were downloaded from. We do not link the information we store within the analytics software to any personally identifiable information that you submit within the mobile application. For more information, see Baphomart’s Cookies and Similar Technologies Policy.
Information from Third Parties: Some members or visitors may choose to connect to Baphomart or register an Baphomart account using an external third-party application, such as Facebook, Twitter, Google, etc. Connecting your Baphomart account to third-party applications or services is optional. If you choose to connect your account to a third-party application, Baphomart can receive information from that application. We may also collect public information in order to connect with you, such as when we communicate with you over social media. We may use that information as part of providing the Services to you. You can also choose to share some of your activity on Baphomart on certain social media networks which are connected to your Baphomart account, and you can revoke your permission anytime in your third party account settings. Certain third-party applications that you use to create or sign in to your account may provide you with the option to discontinue receiving messages from us or allows you to forward those messages to another email address. If we are unable to send you critical messages about your account, we may suspend or terminate your account.
Non-Member Information: Baphomart receives or obtains information (for example, an email address or IP address) about a person who is not yet a registered Baphomart member (a “non-member”) in connection with certain Baphomart features, such as when a non-member chooses to subscribe to a Baphomart newsletter, a member invites a non-member to visit the Site, a non-member engages in a transaction, a member sends a gift card code to a non-member, or a non-member uses Guest Checkout to make a purchase. Non-member information is used only for the purposes disclosed when it was submitted to Baphomart, for purposes necessary to the functioning of Baphomart’s Services or where Baphomart has a legitimate interest, as disclosed in the “Information Uses, Sharing, & Disclosure” Section below, or to facilitate action authorised by a member or the non-member.
3. Messages from Baphomart
On occasion, Baphomart will need to contact you. Primarily, these messages are delivered by email, Baphomart Messages, Support Tickets, or Announcements on your seller account dashboard for a variety of reasons, including marketing, transactions, and service update purposes. You can opt out of receiving marketing communications via email or in your account settings or by following the unsubscribe link in any marketing email you receive. Every account is required to keep a valid email address on file to receive messages. Baphomart may also contact you by telephone to provide member support or for transaction-related purposes if you request that we call you. Additionally, and with your consent where required by applicable law, Baphomart may send you an SMS (or similar) message, or reach out to you by telephone, in order to provide you with customer support, for research or feedback, or to provide you with information about products and features that you may find of interest.
Some messages from Baphomart are service-related and necessary for members and Guest Checkout users. You understand and agree that Baphomart can send you non-marketing emails, Baphomart Messages, or SMS messages, such as those related to transactions, your account, security, or product changes. Examples of service-related messages include an email address confirmation/welcome email when you register your account, notification of an order, service availability, modification of key features or functions, relaying Messages with buyers, and correspondence with Baphomart’s Support team (including other methods of communication as described above).
When you register for an account, subscribe to a newsletter, or provide us with your email address or phone number such as for a Guest Checkout purchase, you receive notice of and agree (by an additional unambiguous consent) to receive marketing emails and messages from us. You can unsubscribe at any time from marketing emails or messages through the opt-out link included in marketing emails or messages. Members can also control which marketing emails or messages they receive from Baphomart through their communication preferences. Please note that some changes to your account settings may take a few days to take effect.
Baphomart is a marketplace and a community. We offer several features that allow members to connect and communicate in public or semi-public spaces, such as Forums. You don’t have to use these features, but if you do, please use common sense and good judgment when posting in these community spaces or sharing your personal information with others through the Services. Be aware that any personal information that you choose to submit there can be read, collected, or used by others, or could be used to send unsolicited messages to you. We engage certain third parties to assist in providing community services to you and, in the context of that relationship, we need to share some of your information with such third parties in order to provide that service. This may include, for example, information from your Baphomart account that is publicly available, your account’s status, your forum posts, your Baphomart username and/or shop name, the display name you’ve optionally chosen to share publicly in your Baphomart account, avatar image, the date that you registered on Baphomart, as well as your language and regional settings on the Site. Baphomart generally does not remove content from community spaces, and your posts may remain public after your account is closed. You are responsible for the personal information that you choose to post in community spaces through the Services. You can download your data and close or delete your account by submitting a request to Baphomart.
5. Information Uses, Sharing, & Disclosure
We respect your privacy. Baphomart will not disclose your name, email address or other personal information to third parties without your consent, except as specified in this policy.
You can control your certain settings through the opt-out buttons from your account dashboard. Please note that some changes to your privacy settings may take a few days to take effect. We or our sellers may advertise our Services or our sellers’ products through a variety of different mediums and rely on your consent to do so off-site.
When you access or use the Services, we collect, use, share, and otherwise process your personal information for the purposes described in this policy. We rely on a number of legal bases to use your information in these ways. These legal bases include where:
- You have consented to the processing, which you can revoke at any time;
- Necessary to comply with a legal obligation, a court order, or to exercise or defend any impending or asserted legal claims;
- Necessary for the purposes of our or a third party’s legitimate interests, such as those of visitors, members, or partners (described in more detail below);
- You have expressly made the information public;
- Necessary in the public interest, such as to prevent crime; and
- Occasionally necessary to protect your vital interests or those of others (in rare cases where we may need to share information to prevent loss of life or personal injury).
We principally rely on consent (which can be withdrawn at anytime) (i) to send marketing messages, (ii) for third-party data sharing related to advertising, and, to the extent applicable, (iii) for the use of location data for advertising purposes.
We rely on consent for targeted online and offline marketing including through tools like Facebook Custom Audience and Google Customer Match. We or our sellers may advertise our Services or our sellers’ products through a variety of different mediums and rely on your consent to do so off-site. As part of this, we may work with advertising partners such as Facebook, Google, and other partners disclosed in our Cookies and Similar Technology Policy. These partners have their own privacy policies and consent mechanisms for their customers, in addition to Baphomart’s controls. You may see the privacy policies and privacy choices for these partners, and the information you share with them, in our Cookies and Similar Technology Disclosures.
Our Legitimate Interests
Where we process your information on the basis of legitimate interests, we do so as follows:
Providing and Improving our Services: We use your information to improve and customise our Services, including sharing your information for such purposes, and we do so as it is necessary to pursue our legitimate interests of improving our Services for our users. This is also necessary to enable us to pursue our legitimate interests in understanding how our Services are being used, and to explore and unlock ways to develop and grow our business. It is also necessary to allow us to pursue our legitimate interests in improving our Services, efficiency, interest in Services for users, and obtaining insights into usage patterns of our Services.
Providing Marketing Communications: We rely on our legitimate interest to send you marketing messages (where permitted independent of consent) and for Baphomart’s advertising programmes.
Keeping our Services Safe and Secure: We use your information for safety and security purposes, which can include sharing your information for such purposes, and we do so because it is necessary to pursue our legitimate interests or those of a third party in ensuring the security of our Services, preventing harm to individuals or property, or crime, enforcing or defending legal rights, or preventing damage to Baphomart’s systems, or those of our users or our partners. This includes enhancing protection of our community against spam, harassment, intellectual property infringement, crime, and security risks of all kinds. We use your information to provide and improve the Services, for billing and payments, for identification and authentication, and for general research and aggregate reporting. For example, in accordance with our case resolution process, we may use information you provide to resolve disputes with Baphomart or other members.
If Baphomart receives a lawful, verified request for a member’s records or information in one of the limited circumstances described in the previous paragraph, Baphomart may disclose personal information, which may include, but may not be limited to, a member’s name, address, phone number, email address, and company name. Find out more about how Baphomart responds to requests for records or information about members of Baphomart’s community in our Requests for Information Policy.
Aggregated Information: Baphomart may share demographic information with business partners, but it will be aggregated and de-personalised so that personal information is not revealed.
Service Providers: Baphomart also needs to engage third-party companies and individuals (such as research companies, and analytics and security providers) to help us operate, provide, and market the Services. These third parties have only limited access to your information, may use your information only to perform these tasks on our behalf, and are obligated to Baphomart not to disclose or use your information for other purposes. Our engagement of service providers is often necessary for us to provide the Services to you, particularly where such companies play important roles like helping us keep our Service operating and secure. In some other cases, these service providers aren’t strictly necessary for us to provide the Services, but help us make it better, like by helping us conduct research into how we could better serve our users. In these latter cases, we have a legitimate interest in working with service providers to make our Services better.
This policy does not apply to the practices of third parties (such as other members who sell using the Services, certain third-party providers on whom we rely to provide certain services, or API users) that Baphomart does not own or control or individuals that Baphomart does not employ or manage, except as otherwise provided for in the Terms or as required by law. If you provide your information to such third parties in connection with your use of the Services, different practices may apply to the use or disclosure of the information that you provide to them. While Baphomart requires these third parties to follow Baphomart’s privacy and security requirements, Baphomart does not control the privacy or security policies of such third parties. To the full extent applicable in your jurisdiction, Baphomart is not responsible for the privacy or security practices of these sellers, API users, or other websites on the internet, even those linked to or from the Services. We encourage you to read the privacy policies and ask questions of third parties before you disclose your personal information to them. For the purposes of European law, these sellers, third party providers, and API users are independent controllers of data, which means that they are responsible for providing and complying with their own policies relating to any personal information they obtain in connection with the Services.
The United Kingdom, United States, European Economic Area (“EEA”) Member States, and other countries all have different laws. When your information is moved from your home country to another country, the laws and rules that protect your personal information in the country to which your information is transferred may be different from those in the country in which you live. For example, the circumstances in which law enforcement can access personal information may vary from country to country. In particular, if your information is in the UK, it may be accessed by government authorities in accordance with UK law.
To the extent that Baphomart is deemed to transfer personal information outside of the EEA, we rely separately, alternatively, and independently on the following legal bases to transfer your information:
Necessary for the Performance of the Contract between Baphomart and its Members
The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and after it is received, for example encryption is used for certain information (such as credit card numbers) using TLS (transport layer security) via our secure third party providers. Unfortunately, no method of transmission over the internet or method of electronic storage is 100% secure. Therefore, while we strive to protect your personal information, we can’t guarantee its absolute security.
Your account information is protected by a password. It is important that you protect against unauthorised access to your account and information by choosing your password carefully and by keeping your password and computer secure, such as by signing out after using the Services.
If you have any questions about the security of your personal information, you can contact us at firstname.lastname@example.org.
Baphomart will retain your information only for as long as is necessary for the purposes set out in this policy, for as long as your account is active (i.e., for the lifetime of your Baphomart member account), or as needed to provide the Services to you. If you no longer want Baphomart to use your information to provide the Services to you, you may close your account. Baphomart will retain and use your information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your information to comply with applicable tax/revenue laws), resolve disputes, enforce our agreements, and as otherwise described in this policy. In addition, Baphomart sellers may also be required to retain and use your information in order to comply with their own legal obligations. Please note that closing your account may not free up your email address, username, or shop name (if any) for reuse on a new account. We also retain log files for internal analysis purposes. These log files are generally retained for a brief period of time, except in cases where they are used for site safety and security, to improve site functionality, or we are legally obligated to retain them for longer time periods.
9. Your Rights & Choices
Certain privacy laws around the world, such as the European General Data Protection Regulation (GDPR) provide users with rights related to their personal information. Consistent with those laws, Baphomart gives you the choice of accessing, editing, or removing certain information, as well as choices about how we contact you. You may change or correct your Baphomart account information through your account settings. You may also remove certain optional information that you no longer wish to be publicly visible through the Services, such as your name. You can also request to permanently close your account and delete your personal information. Depending on your location, you may also benefit from a number of rights with respect to your information. While some of these rights apply generally, certain rights apply in limited cases.
- Right to Access: You can download your data regarding your account by submitting a request to Baphomart.
- Right to Correction: You have the right to request that we rectify inaccurate information about you. By visiting your account settings, you can correct and change certain personal information associated with your account.
- Right to Restrict Processing: In certain cases where we process your information, you may also have the right to restrict or limit the ways in which we use your personal information.
- Right to Deletion: In certain circumstances, you have the right to request the deletion of your personal information, except information we are required to retain by law, regulation, or to protect the safety, security, and integrity of Baphomart.
- Right to Object: If we process your information based on our legitimate interests as explained above, or in the public interest, you can object to this processing in certain circumstances. In such cases, we will cease processing your information unless we have compelling legitimate grounds to continue processing or where it is needed for legal reasons. Where we use your personal data for direct marketing purposes, you can object using the unsubscribe link in such communications or changing your account email settings.
- Right to Withdraw Consent: Where we rely on consent, you can choose to withdraw your consent to our processing of your information using specific features provided to enable you to withdraw consent, like an email unsubscribe link. This is without prejudice to your right to generally permanently close your account and delete your personal information.
If you would like to manage, change, limit, or delete your personal information, you can do so via your Baphomart account settings. Alternatively, you can exercise any of the rights above by contacting us by submitting a message through our Help Centre, or through any other channels such as email. Once you contact us to exercise any of your rights, we will confirm receipt of your request.
Limiting use of, or deleting, your personal information may impact features and uses that rely on that information. However, we will not discriminate against you for exercising any of your rights, including otherwise denying you goods or services, providing you with a different level or quality of services, or charging you different prices or rates for services. If you need further assistance, you can contact Baphomart through the Help Centre. We will respond to your request within a reasonable timeframe.
Please note that we may verify your identity before we are able to process any of the requests described in this Section, and in our discretion, deny your request if we are unable to verify your identity. As a part of this process, government or other identification may be required. You may designate an authorised agent to make a request on your behalf. In order to designate an authorised agent to make a request on your behalf, you must provide a valid power of attorney, the requester’s valid government issued identification, and the authorised agent’s valid government issued identification, and we may verify the authenticity of the request directly with you.
Email & Messages
You may also control the receipt of certain types of communications from Baphomart in your account settings. Baphomart may send you messages about the Services or your activity. Some of these messages are required, service-related messages for members (such as transactional messages or legal notices). Other messages are not required, such as newsletters. You can control which optional messages you choose to receive by changing your communication settings from the dashboard. If you no longer wish to use the Services or receive service-related messages (except for legally required notices), then you may close your account.
We use both technically necessary (for the functioning and security of the Services) and non-technically necessary cookies and similar technologies. A more detailed explanation of the technologies we use, and how to opt out when applicable, can be found in Baphomart’s Cookies & Similar Technologies Policy.
10. Your Responsibilities
If you sell using our Services you may receive and determine what to do with certain personal information. Your privacy responsibilities, including when you act as an independent data controller (someone who decides what personal data to collect and the purpose you use the data for) are laid out in the Baphomart Seller Policy.
We may amend or update this policy from time to time. If we believe that the changes are material, we’ll let you know by doing one (or more) of the following: (i) posting the changes on or through the Services, (ii) sending you an email or message about the changes, or (iii) posting an update in the version notes on the Apps’ platform. We encourage you to check back regularly and review any updates.
If you have any questions:
Contact Baphomart’s Support team via our Help Center
Send an email to Baphomart ‘s Data Protection Officer at email@example.com