Terms and Conditions

 

1. Accepting the Privacy Policy

We need to process your personal information to run our business and provide you with the Services. By accepting our Terms of Use, you are confirming that you have read and understand 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 members, websites hosted through OpenCart by DyStyle, third-party websites, or third-party apps.

DyStyle’s Terms of Use require all account owners to be at least 18 years of age. Minors under 18 years of age and at least 13 years of age are permitted to use DyStyle's Services only if they have the appropriate permission and direct supervision by the owner of the account. Children under age 13 are not permitted to use DyStyle or the Services. You are responsible for any and all account activity conducted by a minor on your account.

By using the Services, you acknowledge that DyStyle will use your information in the United States, Ireland and any other country where DyStyle 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, and we will take steps to ensure that your personal information continues to enjoy appropriate protections. Please read on to learn more about how we protect personal information that’s transferred outside of Europe.

2. Information Collected or Received

In the course of providing our Services, we collect or receive your personal information in a few different ways. Often, you choose what information to provide, but sometimes we require certain information for you to use and for us to provide you the Services.

Registration, Account Setup, Service Usage: In order to use the Services, you need to provide us with a valid email address, and for Services that require registration, a name associated with your account that you can choose and that represents your identity on DyStyle. You may review, change, or remove that name through your account settings. You need to provide this information to enable us to provide you with the Services. Depending on which services you choose to use, additional information, 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. You are not required to provide us with this information to sign up, but we will need it to provide certain services. For example, we need a physical postal address if you are buying something on the Site for delivery.

Profile: You may provide your name and other personal information (such as birthday, gender, 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 review and change in your account settings, is publicly displayed and connected to your DyStyle activity. Other people may see the date you joined; ratings, reviews and related photos for items you purchased or sold; your profile information; items you listed for sale; your shop pages and policies; your Favorites, 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: DyStyle automatically receives and records information from your browser or your mobile device when you visit the Site or use the Apps or use certain other Services, such as your IP address or unique device identifier, cookies and data about which pages you visit 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 partners collect about you, including across devices. This information is used to prevent fraud and to keep the Services secure, to analyze and understand how the Services work for members and visitors, and to provide advertising, including across your devices, and a more personalized experience for members and visitors.

We may also automatically collect device-specific information when you install, access, or use our Services. This information may 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 in the section below.

Location Information: We may collect information about your use of the Services for advertising, analytics, to serve content and to protect the Services, including your IP address, browser information (including referrers), device information (such as iOS IDFA, IDFV for limited non-advertising purposes, Android AAID, and, when enabled by you, location information provided by your device). When you use the Apps, you may choose to share your geo-location details with DyStyle in order to use functions like our local marketplace, maps, and for in-person sales (although you don't need to share these details).

We may obtain location information you provide in your profile or your IP address. With your consent, we may also determine location by using other information from your device, such as precise location information from GPS or information about wireless networks or cell towers near your mobile device. We may use and store information about your location to provide features and to improve and customize the Services, for example, for DyStyle’s internal analytics and performance monitoring; localization, regional requirements, and policies for the Services; for local content, search results, and recommendations; for shipping and mapping services; and (using non-precise location information) marketing. If you have consented to share your precise device location details but would no longer like to continue sharing that information with us, you may revoke your consent to the sharing of that information through the settings on the Apps or on your mobile device. Certain non-precise location services, such as for security and localized policies based on your IP address or submitted address, are critical for the site to function. We will only share your geo-location details with third parties (like our mapping, payments, or, to the extent applicable, advertising providers) in order to provide you with the Services. You may also choose to enable the Apps to access your mobile device’s camera to upload photographs to DyStyle.

Analytics Information: We use data analytics to ensure site functionality and improve the Services. We use mobile analytics software to allow us to understand the functionality of the Apps on your phone. This software may record 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.

Information from Third Parties: Some members or visitors may choose to connect to DyStyle or register an DyStyle account using an external third-party application, such as Facebook, or an app developed using the DyStyle API. DyStyle may receive information from those connected third-party applications. Connecting your DyStyle account to third-party applications or services is optional. If you choose to connect your account to a third-party application, DyStyle may receive information from that application. We may also collect public information in order to connect with you. We may use that information as part of providing the Services to you. You can also choose to share some of your activity on DyStyle on certain social media networks which are connected to your DyStyle account, and you can revoke your permission anytime in your account settings.

Non-Member Information: DyStyle may receive or obtain information (for example, an email address or IP address) about a person who is not yet a registered DyStyle or DyStyle Studio member (a “non-member”) in connection with certain DyStyle features, such as when a non-member chooses to subscribe to an DyStyle newsletter, a member invites a non-member to visit the Site, a member uploads non-member information using the contact uploader feature, a non-member engages in a transaction, or a member sends a gift card code to a non-member, or a non-member uses the Guest Checkout feature when making a purchase through one of the Services. Non-member information is used only for the purposes disclosed when it was submitted to DyStyle or to facilitate action authorized by the non-member.

3. Choice & Control

We know that members of our community value having control over their own information, so DyStyle gives you the choice of providing, editing or removing certain information, as well as choices about how we contact you. You may change or correct your DyStyle 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 the deletion of the personal information in your account.

Depending on your location, you may also have certain additional rights with respect to your information, such as: (i) data access and portability (including the right to obtain a copy of your personal data you provided to DyStyle, via your settings); (ii) data correction (including the ability to update your personal data, in many cases via settings); (iii) data deletion (including the right to have DyStyle delete your personal information, except information we are required to retain, by contacting us); and (iv) withdrawal of consent or objection to processing (including, in limited circumstances, the right to ask DyStyle to stop processing your personal data, with some exceptions, by contacting us).

We use 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 DyStyle’s Cookies & Similar Technologies Policy.

You may also control the receipt of certain types of communications from DyStyle in your account settings. DyStyle 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 account settings, and you can learn more in the “Messages from DyStyle” section of this policy.

We partner with third parties to manage our advertising on other sites. Our third-party partners may use cookies or similar technologies in order to provide you with advertising based upon your browsing activities and interests. If you have chosen to connect your account to an external third-party application, such as Facebook, or an app developed using the API, you can change your settings and remove permission for the app by changing your account settings.

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.

Many changes that you make to your account settings are updated immediately, but some may take a few days to take effect, particularly those that impact email or marketing preferences. Some major requests, such as changes to billing information or account data deletion, may require verification of identity before they can be processed.

4. Messages from DyStyle

On occasion, DyStyle may need to contact you. Primarily, these messages are delivered by email or by push notifications for a variety of reasons including for both marketing, transactions, and service update purposes. If you no longer wish to receive push notifications you can disable them at device level. You can opt out of receiving marketing communications via email in your account settings or by following the unsubscribe link in any marketing email you receive. To ensure you properly receive notifications, we will need to collect certain information about your device such as operating system and user identification information, and every account is required to keep a valid email address on file to receive messages. DyStyle 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, DyStyle may send you an SMS (or similar) message in order to provide you with customer support or to provide you with information about products and features that you may find of interest. You may update your contact preferences in your account settings.

Some messages from DyStyle are service-related and necessary for members and Guest Checkout users. You agree that DyStyle can send you non-marketing emails or 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 conversations with buyers, and correspondence with DyStyle’s support team.

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 (in some jurisdictions and situations, by an additional unambiguous consent) to receive marketing emails and messages from us. You can unsubscribe at any time from marketing emails through the opt-out link included in marketing emails or messages. Members may also control some marketing emails or messages from DyStyle through their account settings as well as through the opt-out link included in marketing emails or messages. Please note that some changes to your account settings may take a few days to take effect.

A contact-importer feature is available to help you locate and connect with your friends and contacts who may be members of. If someone in your contact list is not already a member, you may invite them to join DyStyle and an email will be sent to them on your behalf. Recipients of email invitations may opt out of receiving future invitations by following instructions in the email invitation message. You may send an invitation only to someone who has given you consent to receive one.

5. Information Uses, Sharing, & Disclosure

When you access or use the Services, we collect, use, share, and otherwise process your personal information as described in this policy. We rely on a number of legal bases to use your information in these ways. These legal bases include where:

Note that we principally rely on consent (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.

Where we process your information on the basis of legitimate interests, we do so as follows:

Providing and improving our Services: We may use your information to improve and customize our Services, including sharing of 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.

Keeping our Services safe and secure: We may also use your information for safety and security purposes, including sharing of your information for such purposes, and we do so because it is necessary to pursue our legitimate interests in ensuring the security of our Services, including enhancing protection of our community against spam, harassment, intellectual property infringement, crime, and security risks of all kind.

We respect your privacy. DyStyle will not disclose your name, email address or other personal information to third parties without your consent, except as specified in this policy.

Legal and Safety: DyStyle may also retain, preserve, or release your personal information to a third party in the following limited circumstances: in response to lawful requests by public authorities, including to meet legitimate national security or law enforcement requirements; to protect, establish, or exercise our legal rights or defend against legal claims, including to collect a debt; to comply with a subpoena, court order, legal process, or other legal requirement; or when we believe in good faith that such disclosure is reasonably necessary to comply with the law, prevent imminent physical harm or financial loss, or investigate, prevent, or take action regarding illegal activities, suspected fraud, threats to our property, or violations of DyStyle's Terms of Use. In these cases, our use of your information may be necessary for the purposes of our or a third party’s legitimate interest in keeping our Services secure, preventing harm or crime, enforcing or defending legal rights, or preventing damage. Such use may also be necessary to comply with a legal obligation, a court order, or to exercise or defend legal claims. It may also be necessary in the public interest (such as to prevent crime) or to protect vital interests (in rare cases where we may need to share information to prevent loss of life or personal injury).

If DyStyle receives a lawful, verified request for a member’s records or information in one of the limited circumstances described in the previous paragraph, DyStyle 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 DyStyle responds to requests for records or information about members of DyStyle’s community.

Aggregated Information: DyStyle may share demographic information with business partners, but it will be aggregated and de-personalized, so that personal information is not revealed.

Service Providers: DyStyle also needs to engage third-party companies and individuals (such as payment processors, 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 DyStyle 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 processing payments and shipments and 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.

6. Security

The security of your personal information is important to us. We follow generally accepted standards to protect the personal information submitted to us, both during transmission and after it is received. Your account information is protected by a password. It is important that you protect against unauthorized 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 [email protected].

DyStyle encrypts certain information (such as credit card numbers) using secure socket layer technology (SSL). DyStyle follows generally accepted industry standards to protect the personal information submitted to us, both during transmission and after it is received. 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 cannot guarantee its absolute security.

7. Retention

DyStyle 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 DyStyle member account), as described in this policy, or as needed to provide the Services to you. If you no longer want DyStyle to use your information to provide the Services to you, you may close your account. DyStyle 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.

8. Your Rights

You may benefit from a number of rights in relation to your information that we process. Some rights apply only in certain limited cases, depending on your location. If you would like to manage, change, limit, or delete your personal information, you can do so via your DyStyle account settings or by contacting us. Upon request, DyStyle will provide you with information about whether we hold any of your personal information.  By visiting your account settings, you can access, correct, change, and delete certain personal information associated with your account. In certain cases where we process your information, you may also have a right to restrict or limit the ways in which we use your personal information. In certain circumstances, you also have the right to request the deletion of your personal information, and to obtain a copy of your personal information in an easily accessible format.

9. Withdrawing Consent

You can choose to withdraw your consent to our processing of your information and your use of the Services at any time by permanently closing and deleting your account.

10. Privacy Policy Changes

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.