About Our Terms of Service

1. Welcome to FutbolMarkt website (the “Site”) that operates a social media-inspired customer-to-customer marketplace. We offer a platform that allows users to (i) list football (soccer) equipment, apparel and other items for sale by posting photos and other content relating to such items, (ii) browse, search, discuss and purchase such items, (iii) participate in an online community focused on soccer and (iv) and engage in other activity relating to the foregoing (the “Service”).

2. The Service is operated by FutbolMarkt Ltd, incorporated and registered in England and Wales under company number 12782053 and with registered office at 71-75 Shelton Street, London, WC2H 9JQ, United Kingdom (“we”, “our”, or “us”).

3. This document and any documents referred to within it (collectively, the “Terms of Service”) set out the terms of your relationship with us. It is important that you read and understand the Terms of Service before using the Service. If there is anything within them that you do not understand, then please contact us at info@futbolmarkt.com to discuss what this means for you.

Your Relationship with FutbolMarkt

4. By setting up an account with us and/or using and accessing the Service, you agree to and accept these Terms of Service in their entirety. If you do not agree to these Terms of Service, you may not use the Service.

Site as a Venue

5. You agree that the Site is a venue. As such, we are not responsible or liable for any content (e.g., data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links) posted by you, other users, or outside parties on the Site. You use the Site and any other Services at your own risk.

6. The Site is a venue to allow users who comply with our policies to offer, sell and buy certain football items, gear and memorabilia. We are not directly involved in the transaction between buyers and sellers. As a result, we have no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. We cannot ensure that a buyer or seller will actually complete a transaction. FutbolMarkt holds no right, title, or interest in any products or items listed on the Site and does not transfer legal ownership of items from the seller to the buyer.

7. FutbolMarkt cannot verify and cannot guarantee the true identity, age, and nationality of a user. We are not responsible or liable for any data, advertising, interaction, products, goods or services available or unavailable from, or through, the Site. We encourage each user to exercise caution and to communicate directly with potential transaction partners through the tools available on the Site.

Information About Privacy

8. Your privacy is important to us. You should read our Privacy Policy to understand how we collect, use and share information about you. The Privacy Policy forms part of the Terms of Service.

Minors

9. The Services are not intended for use by minors. If you are under 18, you may not submit or post any information or material on the Services or otherwise provide such information to FutbolMarkt, including but not limited to personally identifiable information. Please refer to our Privacy Policy for more information about your options and how we use this information.

Setting Up an Account

10. To access our Service, you must register with us and set up an account with a username and password (the “User Account”). We encourage you to use strong passwords (passwords that use a combination of upper- and lower-case letters, numbers and symbols) with your User Account.

11. You must be at least 18 years of age and capable in your country of residence of entering into a legally binding agreement to use our Service. FutbolMarkt does not knowingly collect or solicit any information from anyone under the age of 18 or knowingly allow such persons to register for the Service.

12. You may connect to our Service with third-party services approved by us (e.g., Facebook, Instagram or Twitter) and in such circumstances you give us permission to access and use your information from that service as permitted by that service, and to store your log-in token for that service as set out in our Privacy Policy.

13. You are responsible for maintaining the confidentiality of your login details and any activities that occur under your User Account. If you have any concerns that your User Account may have been misused, you should contact us at info@futbolmarkt.com straight away to let us know.

Marketplace Operation

14. Our Service allows you to buy and sell items in an easy and fun way. You can find out more information about our Service and its features here.

15. You can sell your items through our Service by publishing pictures of the item you want to sell (“Sale Item”). When a user of the Service purchases such Sale Item, this is a “Sale Transaction”.

16. Sale Transactions may only take place via our third-party payment provider – PayPal.

17. Where you use PayPal to make or receive payment for a Sale Transaction, you will need a PayPal account to use the Service.

18. To safeguard the interests of our users, you are not permitted to sell or purchase a Sale Item by making direct arrangements with the buyer or the seller to use a payment method other than the payment methods offered via the Service. Please note that selling or purchasing a Sale Item in any other way is a breach of our Rules of Acceptable Use and can result in, among other things, suspension or termination of your access to the Service (See Rules of Acceptable Use).

19. We want our Service to be a positive experience for our users and we ask that you honour the commitments you make to another user in respect of the trade, sale or purchase of a Sale Item.

20. Any agreement for and/or purchase of a Sale Item is made solely between you and the seller. The application may include functionality for suggesting more effective selling, such as discounting Sale Items, but Sellers have, at all times, total discretion to set prices. Complaints, questions and claims related to a Sale Item should be directed to the seller. Where users cannot resolve issues relating to a Sale Transaction between themselves, we will attempt to help mediate such disputes through our dispute resolution process.

21. As we are not the seller of any Sale Items, we have no control and do not give any commitment relating to the existence, quality, safety, genuineness or legality of Sale Items, the truth or accuracy of any picture or description of the Sale Items or any other content made available by users, the ability of sellers to sell Sale Items, the ability of buyers to pay for them or that a buyer or seller will actually complete a transaction or return the Sale Item, and we have no liability in this respect. Sellers are responsible for ensuring that any age-restricted Sale Items are marked clearly with the applicable age restriction (as required by law) and Buyers agree that they shall not attempt to purchase Sale Items if they are younger than the advertised and legal age restriction.

22. To safeguard the interests of our users, we do not recommend using the Service to swap Sale Items. However, if you choose to do so, you should follow our guidelines for swapping safely available here on our help site. In any event, you acknowledge that you swap Sale Items entirely at your own risk and we have no liability in this respect.

Copyrights

23. The intellectual property rights in all materials and content comprising the Service, including but not limited to images, written content and designs on each page of the Site, either belong to us or we have permission from the owner to use them to provide the Service. All such intellectual property is protected by worldwide intellectual property laws, including copyright and design laws. We give you permission to use the materials and content comprising the Service for the sole purpose of using the Service in accordance with these Terms of Service.

24. Your right to use the Service is personal to you and you are not allowed to give this right to another person or to sell, gift or transfer your User Account to another person. Your right to use the Service does not stop us from giving other people the right to use the Service. Other than as allowed in these Terms of Service or by us in writing, you are not given the right to use the “FutbolMarkt” name, or any of the “FutbolMarkt” trademarks, logos, domain names and other distinctive brand features, all of which are intellectual property rights that belong to us.

25. These Terms of Service do not grant you any rights to, or in, any such intellectual property rights or any other rights or licences in respect of FutbolMarkt’s materials and content, the Service, FutbolMarkt name and/or trademarks, other than as set out in these Terms of Service.

Your Content

26. All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever, whether publicly posted or privately transmitted to FutbolMarkt through this site or the Services, are collectively referred to herein as “User Content”. The submitting user retains ownership of the User Content submitted by such user. Notwithstanding the user’s ownership of the Content, the submitting user agrees to the following:
a. Grants to FutbolMarkt a non-exclusive, royalty-free, perpetual, transferable, irrevocable, fully paid-up, worldwide, and sublicensable right to use, copy, reproduce, modify, adapt, translate, distribute, transmit, publish, download, post, lease, create derivative works of, display, perform, and otherwise disclose or incorporate into other works, the User Content for any purpose to the extent permissible by applicable law;
b. Grants FutbolMarkt the right to use your name in connection with such User Content, subject to our Privacy Policy;

27. In addition, the submitting user represents and warrants that:
a. you own and control all of the ownership rights to the User Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such User Content on or through this Site;
b. such User Content is true, accurate, complete, and not misleading and does not infringe or otherwise violate or breach any applicable laws or regulations; and
c. the usage, publication and posting of such User Content does not violate these Terms of Service and will not and could not violate any rights of, or cause or could cause injury to, any third person or entity;

28. The user further grants FutbolMarkt the right to pursue before any appropriate forum any person or entity that violates FutbolMarkt’s or your rights under any applicable law in the User Content.

29. FutbolMarkt has not, and will not, review, monitor or edit the User Content for accuracy, authenticity, timeliness, integrity or completeness. FutbolMarkt shall have the right (but not the obligation) in its sole discretion to refuse or delete any User Content that it considers violating the Terms or to be illegal or otherwise inappropriate for the Services. FutbolMarkt, in its sole and absolute discretion, may preserve the User Content and may also disclose or otherwise use the User Content if required to do so by law, judicial or governmental mandate or, to protect the rights, property, or personal safety of FutbolMarkt, users of the Services or the public.

30. Without limiting the generality of the foregoing, we advise you that the Services contain features that allow users to send non-public messages to each other and that any messages or other information sent between or among users using such features are considered User Content hereunder. While it is not our policy to generally monitor or review user messaging activity, we advise you that we may review, disclose and use the information contained in any such messages for any of the purposes described above.

31. We may from time to time invite users of Facebook, Instagram or other social network sites to associate photos or other content posted to such sites with customized hashtags that we suggest for the purpose of identifying photos or other content that may be relevant to users of the Services or for our promotional activities. By associating photos or other content with any such hashtag, you agree that such photos and other content will be deemed User Content hereunder and subject to these Terms of Service.

Rules of Acceptable Use

32. In addition to the other requirements within these Terms of Service, this section describes specific rules that apply to your use of the Service (the “Rules of Acceptable Use”).

33. You must make sure the email address you provide in your Account details remains active and is checked by you on a regular basis.

34. You are responsible for all taxes (including any associated penalties, fines, charges and late payment interest) relating to your sales of items through our Service. You must comply with all applicable laws in relation to such taxes and shall promptly provide us with any information we require to verify such compliance. To the extent possible under applicable law, you shall reimburse us on demand any costs we incur as a result of your failure to comply with this paragraph 34.

35. When using the Service you must not:
a. Create more than one User Account on the Service (however, you may connect all your social networks or other services accounts, that we support, to your User Account on the Service) unless we agree otherwise.
b. Give any false or misleading information in your User Account details.
c. Permit another person to use the Service under your name or on your behalf unless you are a business and such person is authorised by you.
d. Use the Service if we have suspended or banned you from using it.
e. Send junk, spam or repetitive messages.
f. Engage in any illegal or unlawful conduct including selling or intentionally purchasing any fake or counterfeit items or any item that otherwise breaches another person’s rights, and must comply with applicable legal requirements relating to the sale or purchase of Sale Items (including but not limited to import and export rules and illegal products, the listing of any age restrictions, distance selling and cooling off rights which may apply to a Sale Item where the seller is a business).
g. Modify, interfere, intercept, disrupt or hack the Service.
h. Misuse the Service by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the Service or any user of the Service’s own equipment.
i. Collect any data from the Service other than in accordance with these Terms of Service.
j. Submit or contribute any User Content (including comments and descriptions relating to Sale Items) that contains unlawful content, nudity or violence, is abusive, bullying, threatening, harassing, obscene, misleading, untrue, offensive, defamatory, derogatory or uses bad or rude language, as FutbolMarkt may decide in its absolute discretion.
k. Unfairly or unlawfully interfere or manipulate any ratings system or user feedback system.
l. Submit or contribute any User Content without the permission of the content owner, or otherwise infringe the copyright, trademark or other rights of third parties (which includes using hashtags for protected brands, in connection with your listing, that are irrelevant to such listing).
m. Offer to sell or buy any of the items we list as prohibited items – FutbolMarkt has a zero tolerance policy on using the Service to promote, advertise or sell drugs, drug paraphernalia, tobacco and/or tobacco paraphernalia or related products.
n. Purchase or sell a Sale Item by making direct arrangements with the buyer or the seller to use a payment method other than PayPal available through the Service.
o. Take any action which is deliberately designed to circumvent, reduce or manipulate the Commission due to us (See Seller Commission Fees).
p. Submit or contribute any information or commentary about another person without that person’s permission, or post private or confidential information via the Service, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
q. Mine data, screen scrape or crawl any part of the Service.
r. Disassemble, decompile or reverse engineer any part of the Service.
s. Adapt, copy, vary, edit, distribute or commercialise any content in the Service without the prior written consent of FutbolMarkt.
t. Circumvent any technical measures implemented to protect or provide the Service.
u. Use any third party’s PayPal account unless you have express permission from them to do so.
v. Use the Service to drop ship.

36. Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms of Service, and may result in our taking all or any of the following actions (with or without notice, and entirely at our discretion):
a. immediate, temporary or permanent withdrawal of your right to use our Service;
b. immediate, temporary or permanent removal of any User Content (including the removal of Sale Items listed on the Service);
c. issuing of a warning to you;
d. legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
e. disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

37. We may investigate any suspected breach of the Rules of Acceptable Use. During such investigation we may temporarily withdraw your right to use our Service or remove User Content (including the removal of Sale Items listed on the Service) without notice to you.

38. The responses described in paragraph 36 is not limited, and we may take any other action we reasonably deem appropriate.

Notice and Takedown Policy

39. Any person may contact us by sending us an “Infringement Notice” if any content available through our Service infringes their rights or fails to comply with our Rules of Acceptable Use. The Infringement Notice should be sent either by post to FutbolMarkt Ltd,  71-75 Shelton Street, London, WC2H 9JQ, UK or by email to info@futbolmarkt.com. Please provide the information described below in the Infringement Notice:
• your name and contact details;
• a statement explaining in sufficient detail why you consider that the content available through our Service infringes your rights or fails to comply with our Rules of Acceptable Use; and
• a link to or such other means of identifying the problematic content.

40. We will take the action that we believe is appropriate depending on the nature of the Infringement Notice and will aim to respond to you within a reasonable period of time on the action we propose to take.

Advertisements on the Service

41. We and our selected business partners may provide advertising to you through the Service or by other methods such as email. This advertising may be based on your User Content or other information available through the Service. When delivering advertising we will only use information that identifies you as set out in our Privacy Policy.

Seller Commission Fees

42. Joining and creating a listing on the Site is free. FutbolMarkt may charge fees on the sale price when the item sells (the “Commission”). The fees are subject to change at any time without notice to you, is incorporated into this Agreement by reference. Changes to the Fees Policy and the fees for our services are effective upon being published on the Site. However, FutbolMarkt may choose to temporarily change the Fees Policy and the fees for FutbolMarkt’s services for promotional events (e.g., free listing days). Such changes are effective when we post the temporary promotional event on the Site. We may, at our sole discretion, change some or all of FutbolMarkt’s services at any time. In the event FutbolMarkt platform introduces a new service, the fees for that service are effective at the launch of the service.

43. The seller of any Sale Item will pay us a commission on the total sale amount set by the seller (excluding VAT and any other applicable taxes, if any, and excluding shipping costs) in respect of any Sale Transaction.

44. PayPal may charge you an additional fee and you should ensure you are familiar with PayPal’s terms of use which you will have agreed to when you set up your PayPal account.

45. The Commission is exclusive of VAT or other sales taxes (where applicable).

Termination

46. If at any time you decide you can no longer agree to these Terms of Service or any changes made to the Terms of Service or the Service, you must immediately stop using the Service.

47. If you wish to end your use of the Service, please contact us at info@futbolmarkt.com from the email address linked to your account and ask us to deactivate your User Account. Where such request comes from someone who is not the account holder, we may ask you to provide proof of who you are and your relationship to the User in question, and any other documents we may reasonably require.

48. We may immediately end your use of the Service if you break the Rules of Acceptable Use, any other important rule(s), or terms and conditions we set for accessing and using the Service including these Terms of Service.

49. We may also withdraw the Service for any reason, without notice, at any time and without any liability to you.

50. If you or we end your use of the Service or we withdraw the Service as described in this clause, we may delete or modify your User Content, User Account or any other information we hold about you. You will also lose any rights you have to use the Service or access our content or your User Content. We will not offer you compensation for any losses. You should note that even if your User Account is deactivated, some of your data may persist and appear within the Service, for example where your User Content has been re-shared by others.

Limitation of Liability

51. You alone decide whether to proceed with a sale or purchase of a Sale Item. As such, we make no commitments regarding the Sale Items including the quality or delivery of the Sale Items, or for honouring (or causing any seller to honour) any erroneous information regarding the price, description and availability of, or any information relating to any Sale Items promoted or available through our Service, or the ability of the buyer to complete any purchase of the Sale Items.

52. Although it is our intention that the Service is available as much as possible, there may be occasions when the Service may be interrupted, including for scheduled maintenance, upgrades and emergency repairs, or due to failure of telecommunication links and/or equipment. The Service and any content contained therein (including User Content) is provided on an “as available” and “as is” basis. This means that we are unable to promise that your use of the Service will be uninterrupted, without delays, error-free or meet your expectations and we do not give any commitment relating to the performance or availability of the Service in these Terms of Service and, to the extent we are able to do so, we exclude any commitments that may be implied by, or be expressed by, applicable law. You accept that the internet may be subject to breaches of security and that the submission of User Content or other information may not be secure.

53. We are not responsible or liable for any loss or harm caused by viruses, worms or other programmes designed to impair the Service.

54. You may be able to access third party links/websites/products via the Service. FutbolMarkt is not responsible or liable for any third-party links/websites/products which may be accessed by you at your sole option. Your access to and use of such third-party links/websites/products and services shall be solely at your own risk and subject to your acceptance and compliance with the separate terms and conditions of such third party.

55. To the maximum extent permitted by the law, our total responsibility for any claims relating to a Sale Transaction is limited to the Commission payable in connection with that Sale Transaction.

56. For any other claims arising out of the provision of the Service (including without limitation any dispute between users where this does not fall within paragraph 55 above, in relation to any content you access via the Service, or any other user you interact with), we do not accept any responsibility whatsoever (whether arising in contract, tort otherwise), except where we cannot disclaim, exclude or limit responsibility by law (such as death and/or personal injury caused by our negligence).

57. We will never be responsible for any loss or damage that is not reasonably foreseeable, and we will never be responsible for indirect losses and/or financial and business loss, or loss of goodwill or reputation.

Your Responsibility

58. If FutbolMarkt is sued due to an action or inaction by you (including a breach of these Terms of Service) then we have the right, at our discretion, to request that you indemnify us (i.e. cover all our costs including legal fees) and hold us harmless from any legal claim or demand for expenses or costs that arises as a result. Where we decide to conduct the defence of such claim, you agree to assist us as reasonably requested.

Shipping and Import Duties

59. The Seller is responsible for the shipment of the Sales Item to the buyer.

60. FutbolMarkt shall not be responsible for any local customs charges, import taxes or duties or any similar charge(s) incurred through the carriage and/or delivery of any shipments and the seller must satisfy themselves as to whether any of these charges will become due, and if so in what amounts. If any such charges become due as a result of carriage and/or delivery of a shipment and are charged to FutbolMarkt by any competent authority the seller agrees to reimburse FutbolMartk fully in respect of the same within seven (7) days of our demand.

Changes to the Service

61. We are constantly updating and improving the Service to try and find ways to provide you with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviours and the way people use the Internet and our Service.

62. We may need to update, reset, stop offering and/or supporting a particular part of the Service, or feature relating to the Service “changes to the Service”. These changes to the Service may affect your past activities on the Service, features that you use and your User Content (the “Service Elements”). Any changes to the Service could involve Service Elements being deleted or reset.

63. You agree that a key characteristic of our Service is that changes to the Service will take place over time and this is an important basis on which we grant you access to the Service. Once we have made changes to the Service, your continued use of the Service will show that you have accepted any changes to the Service. You are always free to stop using the Service or deactivate your User Account by contacting us at info@futbolmark.com from the email address linked to your account.

Changes to the Terms of Service

64. We may revise these Terms of Service from time to time and any changes will take effect after 3 working days of any notification email sent to you notifying you of any changes, or at the time the revised Terms of Service are posted (whichever is the earlier) and your continued use of the Service shall constitute acceptance of such revised Terms of Service.

65. Changes will usually occur because of new features being added to the Service, changes in the law or where we need to clarify our position on something.

66. We will try, where possible and reasonable, to contact you to let you know about any significant changes to any of the documents referred to in these Terms of Service. We may contact you through the Service (for example by asking you to accept the changes before you continue to use the Service) or via a separate email.

67. Normally, we will try to give you some warning before the new terms become effective. However, sometimes changes will need to be made immediately and if this happens, we will not give you any notice.

Applicable Documents

68. The current version of the Terms of Service contains the only terms and conditions that apply to our relationship with you. Older versions of the Terms of Service will no longer apply to our relationship and will be completely replaced by the current version.

69. We intend to rely on these Terms of Service as setting out the written terms of our agreement with you for the provision of the Service. If part of the Terms of Service cannot be enforced, then the remainder of the Terms of Service will still apply to our relationship.

70. If you do not comply with these Terms of Service and we do not take action immediately, this does not mean we have given up any right we have and we may still take action in the future.

General Provisions and Governing Law

71. English law will apply to all disputes and the interpretation of these Terms of Service. The English courts will have non-exclusive jurisdiction over any dispute arising from or related to your use of the Service. These Terms of Service do not exclude any mandatory legal rights you may have or obligations FutbolMarkt may have in your country of residence, where FutbolMarkt is not allowed to exclude such as a matter of law.

72. We may assign any of our rights and obligations under these Terms of Service.

73. These Terms of Service do not create an agency, partnership, employment or joint venture relationship between you and FutbolMarkt.

74. We will not be liable for any delay in performing or failure to perform its obligations caused by any force majeure event. In those circumstances FutbolMarkt will be granted a reasonable extension of time for the performance of its obligations, the reasonableness of that extension to be assessed in the context of these Terms of Service and FutbolMarkt’s other commitments.

75. No third party or (except, where applicable, the permitted assign of FutbolMarkt) is entitled to the benefit of these Terms of Service under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

Survival

76. The provisions above listed under the headings, “TERMINATION”, “RULES OF ACCEPTABLE USE”; “GOVERNING LAW AND GENERAL PROVISIONS”, “INFORMATION ABOUT PRIVACY” and “ABOUT OUR TERMS OF SERVICE” shall survive any termination or expiration of this Agreement.

Contact, Feedback and Complaints

77. If you need to contact us in relation to these Terms of Service or any other document mentioned in them, please email us at info@futbolmarkt.com with the subject line ‘Terms of Service’.

78. We value hearing from our users and are always interested in learning about ways we can improve the Service. By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.

Last Updated: July 30, 2020

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PRIVACY POLICY

About our Privacy Policy

Welcome to FutbolMarkt website (the “Site”) that operates a social media-inspired customer-to-customer marketplace. We offer a platform that allows users to (i) list football (soccer) equipment, apparel and other items for sale by posting photos and other content relating to such items, (ii) browse, search, discuss and purchase such items, (iii) participate in an online community focused on soccer and (iv) and engage in other activity relating to the foregoing (the “Service”).

The Service is operated by FutbolMarkt Ltd, incorporated and registered in England and Wales under company number 12782053 and with registered office at 71-75 Shelton Street, London, WC2H 9JQ, United Kingdom (“we”, “our, or “us”).

This privacy notice aims to inform you about how we collect and process any information that we collect from you, or that you provide to us. It covers information that could identify you (“personal information”) and information that could not. In the context of the law and this notice, “process” means collect, store, transfer, use or otherwise act on information. It tells you about your privacy rights and how the law protects you.

We are committed to protecting your privacy and the confidentiality of your personal information. Our policy is not just an exercise in complying with the law, but a continuation of our respect for you and your personal information.

We undertake to preserve the confidentiality of all information you provide to us, and hope that you reciprocate.

The law requires us to tell you about your rights and our obligations to you in regard to the processing and control of your personal data.

Except as set out below, we do not share, or sell, or disclose to a third party, any information collected through our website.

By setting up an account with us or using and accessing the Site or Service, you consent to the use of your personal information as described in this Privacy Policy.

You should also be aware that we use cookies to store and access information whilst providing the Site and Service.

Data We Collect and Process

We may collect, use, store and transfer different kinds of personal data about you when you voluntarily submit it to us and when you use the Site and Service. This can include information you provide when you register to use the Service, complete a form, list an item, subscribe to our mailing lists or other marketing communications or take an action on the Service (such as when you comment on or like an item, perform a search, communicate with other users of the Service, or engage in a transaction). We also collect information about the pages you look at on our Site and Service and/or the device you use to access the Site and Service.

We have collated these into groups as identified below. Unless we specifically state below that we are relying on your consent, our legitimate interests or a legal obligation to process your personal information, the lawful basis we are relying on to process your personal information is to perform a contract with you.

Contact and identity details: When you open an account with us you will be asked to provide us with your contact and identity information. We may also ask you to provide copies of identification documents which we will also use along with other contact information you provide for the legitimate interests of verifying your details and helping prevent fraudulent access to the Service or use of your account.

Your identity includes information such as first name, last name, title, date of birth, and other identifiers that you may have provided at some time.

Your contact information includes information such as billing address, delivery address, email address, telephone numbers and any other information you have given to us for the purpose of communication.

Payment and transaction information: We keep records of the products you buy, sell or trade though the Service and the payment method you use for the transaction. We will use payment and transaction information to assist in the payment process for any product you purchase through the Service. We will use your payment and transaction information and history to determine products and services that may be of interest to you and send you marketing. We will provide your contact details to the seller of any item you purchase including your username and the name, delivery address, email address and phone number you provide at the checkout.

Messages: If you choose to use our messaging functionality to message other users of the Service, we may access and review your messages to assist in the fulfilment of orders made through the Service, to respond to any query, issue, concern or dispute users raise and to resolve such disputes and if we have reason to believe the messages may contain evidence that you have breached our Terms of Service.

Comments and opinions: When you contact us directly, e.g. by email, phone, post or by completing an online form we will record your comments and opinions. We will also record comments and opinions you express when responding to surveys, entering competitions, taking part in promotions we run or that you post on our community boards or other message areas. We will use your comments and opinions to in the legitimate interests of addressing your queries, issues and concerns and improving our products and services. We will also use comments and opinions you express when posting on our community boards or other message areas, responding to surveys, entering competitions or taking part in other promotions, to determine products and services that may be of interest to you and to send you marketing communications.

Information about how you connect to and use our Site and Service: We collect information about how you use our Site and Service such as the pages you view on our Site and Service, the time you access our Site and Service and how long you use it for, the website from where you came to our Site or go to after leaving our Site (if applicable) and any selections and choices you make when using our Site and Service. We also collect information about any items you have searched for, listed, purchased, sold, bookmarked, liked or shared on the Site and Service.

Site login details: Where you create an account with us, we will hold your username and password details in the legitimate interests of keeping your account secure. Where you are provided with the option to log-in using a social network, for example through Facebook sign in, we will not be provided with your password or other account login details for those accounts. We will also collect device ID (Android ID, Apple ID, or your browser “fingerprint”). Browser “fingerprints” are based on your device type and browser type (including settings and version). FutbolMarkt will only use the above information in the legitimate interests of keeping your account secure.

You are responsible for all actions taken with your username and password, and we recommend that you do not disclose your username and password to any third parties. If you lose control of your password, you may lose substantial control over your personally identifiable information and may be subject to legally binding actions taken on your behalf, so you should change such a password immediately and notify us of any unauthorised access to your account.

Your preferences: We hold information about the preferences you set for notifications, marketing communications and how our site is displayed or what content is displayed to you through our Service. We will use your preference settings for the purpose of providing notifications, sending marketing communications and displaying our Service in accordance with your choices.

Information about your device and technical data: We may collect information about the computer, tablet, smartphone or other electronic device you use to connect to our Service. This information can include details about the type of device, unique device identifying numbers, operating systems, browsers and applications connected to our Service through the device, your Internet service provider or mobile network, your IP address and your device’s telephone number (if it has one).

Typically, the information we collect about how you use or connect to our Service is associated with your device and not you as a named individual. However, if you are logged into a registered account you have with us this information may also be associated with you directly.

Information about your location: Where you give us consent, we may collect and use information about your location, sometimes together with other personal information, to provide features of the Service that are relevant to you and your location. For example, this can include allowing you to search for items that are for sale in your local area.

Information provided by other users: Sometimes, other users of our Service provide information that is associated with you. Other users can provide information that is associated with you such as comments, feedback relating to your items and messages they send to you. Other users may also share information relating to an item they have bought from you on the Service on other social media channels which link to the Service, but this will not result in any information that was not already public, being made public. Where users of our Service want to invite you to use our Service or to share information with you about our services we will use personal information that they provide about you to assist them in doing this; we will only do this where they indicate that you have provided your consent for them to communicate with you in this way.

Information about fraudulent activity relating to your account: We will use information about fraudulent activity relating to your use of our Service for the legitimate interests of detecting and preventing fraud or counterfeiting and to comply with our legal obligations. We may monitor, including by means of AI, the information you provide to detect potential fraud or breach of our Terms of Service.

All personal information: We will use all the personal information we collect to monitor and improve our Service and Site and our procedures and processes. We also use the personal information we collect to help us develop new products and services. Our use of your personal information in this way will not result in information that was not previously publicly available being made public on our Service. We also use personal information we maintain about you to resolve disputes between users, to provide user support, to troubleshoot problems and enforce our Terms of Service and policies, including this Privacy Policy.

We may aggregate anonymous data such as statistical or demographic data for any purpose. Anonymous data is data that does not identify you as an individual. Aggregated data may be derived from your personal data but is not considered personal information in law because it does not reveal your identity. For example, we may aggregate profile data to assess interest in a product or service.

However, if we combine or connect aggregated data with your personal information so that it can identify you in any way, we treat the combined data as personal information and it will be used in accordance with this Privacy Policy.

Special personal information

We shall not request from you any personal information, which is deemed sensitive data, including without limitation, information regarding religious or other beliefs, physical and mental health details, sexual life, racial or ethnic origin, trade union membership and/or offences, and we ask users of the Service not to supply us or any other user with any sensitive personal information, given the nature of the Service and that user profiles and comments are visible by other users. Where you do provide sensitive personal information to us on the Service you hereby confirm that you are deliberately making this information public of your own volition and accept that we may request that you remove such data from the Service

If you do not provide personal information we need

Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform that contract. In that case, we may have to stop providing a service to you. If so, we will notify you of this at the time.

The Bases On Which We Process Information About You

The law requires us to determine under which of the defined bases we process different categories of your personal information and to notify you of the basis for each category.

If a basis on which we process your personal information is no longer relevant then we shall immediately stop processing your data.

If the basis changes then if required by law we shall notify you of the change and of any new basis under which we have determined that we can continue to process your information.

Because we have a contractual obligation with you: When you create an account on our Site and use our Service, or otherwise agree to our Terms of Service, a contract is formed between you and us.
In order to carry out our obligations under that contract we must process the information you give us. Some of this information may be personal information. We may use it in order to:
a. verify your identity for security purposes;
b. provide you with our services;
c. provide you with suggestions and advice on products, services and how to obtain the most from using our Site.

We process this information on the basis there is a contract between us, or that you have requested we use the information before we enter into a legal contract.

We shall continue to process this information until the contract between us ends or is terminated by either party under the terms of the contract.

Information we process with your consent: Through certain actions when otherwise there is no contractual relationship between us, such as when you browse our Site or ask us to provide you more information about our business, including our Service, you provide your consent to us to process information that may be personal information.

Wherever possible, we aim to obtain your explicit consent to process this information, for example, by asking you to agree to our use of cookies.

If you have given us explicit permission to do so, we may from time to time pass your name and contact information to selected associates whom we consider may provide services or products you would find useful.

We continue to process your information on this basis until you withdraw your consent or it can be reasonably assumed that your consent no longer exists.

You may withdraw your consent at any time by instructing us via email at info@futbolmarkt.com. However, if you do so, you may not be able to use our Site or our Service further.

For the purposes of legitimate interests: We may process information on the basis there is a legitimate interest, either to you or to us, of doing so. Where we process your information on this basis, we do after having given careful consideration to:
a. whether the same objective could be achieved through other means
b. whether processing (or not processing) might cause you harm
c. whether you would expect us to process your data, and whether you would, in the round, consider it reasonable to do so.

For example, we may process your data on this basis for the purposes of:
a. record-keeping for the proper and necessary administration of our business;
b. responding to unsolicited communication from you to which we believe you would expect a response;
c. protecting and asserting the legal rights of any party;
d. insuring against or obtaining professional advice that is required to manage business risk;
e. protecting your interests where we believe we have a duty to do so.

Because we have a legal obligation: Sometimes, we must process your information in order to comply with a statutory obligation.

For example, we may be required to give information to legal authorities if they so request or if they have the proper authorisation such as a search warrant or court order.

This may include your personal information.

Specific Uses of Information You Provide to Us

Information available to other users through the service

The Service is designed to help you interact with other users of the Service. As a result of this some of the information generated through the Service is shared with other users of the Service. Examples include:

User profile: When you create an account on the Service a user profile will be generated for you that makes the following information publicly available: user name, country and city location, your followers and who you are following, details about the items you are selling. If you add any of the following information to your profile this will also be made publicly available: profile picture, profile description and website address. We will not directly reveal user email addresses to other users, however we may pass your email address to a seller where you have purchased an item.

Item listings: When you list an item for sale on the Service information you add to the listing will be made publicly available such as the item photograph, price, item description and delivery options. Any comments or likes other users add to your item listing will also be made publicly available as well as any reply comments or images you post. Other users may also share a link to an item they have bought from you via the Service on other social media channels which link to the Service, but this will not result in any information that was not already public, being made public.

Information about your activity on the Service: Some of your activities on the Services are public by default. These activities are when you follow a user, or a user follows you, when you comment on or like an item, when you list an item for sale, when your item is sold, or when you purchase an item.

Social networks you connect to the Service: Where you have chosen to do so we will post updates about your use of the Service to social networks you connect to the Service on your behalf.

We do store this information, and we reserve a right to use it in the future in any way we decide.

Once your information enters the public domain, we have no control over what any individual third party may do with it. We accept no responsibility for their actions at any time.

Information we share with third parties

We may share your personal information with the following parties:

  • Service providers – third parties who provide a service to us. These third parties will only be allowed to use your personal information in accordance with our instructions and will be required to keep your information secure. In particular, we may share the personal information you provide to us with shipping providers (where you have chosen to use their services in relation to any items you sell), identity verification service providers (in order to verify your access to the Service and prevent fraudulent activity on your account), moderators who monitor our Service (to ensure our Terms of Service are being adhered to that no criminal activity is taking place using our Service), third party payment providers (for the purposes of processing any sales transactions you have consented to) and Site or Service analytics providers. In some cases, our service providers may collect information directly from you (e.g. if they are asked to conduct a survey for us), and in these cases you will be notified of the involvement of the service provider, and all information disclosures you make will be strictly optional. If you provide additional information to a service provider directly, then their use of your information is governed by their applicable privacy policy.
  • Law enforcement, regulators and other parties for legal reasons – third parties who we are under a legal obligation to disclose your personal information to or who we need to disclose your personal information to protect our rights, property or safety or the rights, property or safety of others, detect and investigate illegal activities and breaches of any agreement we have with you.
  • Buyers of our business – buyers of FutbolMarkt Ltd or any of its assets may have your personal information disclosed or transferred to them as part of the sale.
  • Companies in the same group of companies as us – our subsidiaries (i.e. any organisation we own or control) or our ultimate holding company (i.e. any organisation that owns or controls us) and any subsidiaries it owns. These companies will only use your personal information in the same way as we can under this Privacy Policy.

We will not sell or rent your personal information to a third party for marketing or other purposes without your consent.

Complaints regarding content on our site

We attempt to moderate user generated content, but we are not always able to do so as soon as that content is published.

If you complain about any of the content on our Site, we shall investigate your complaint. If we feel it is justified or if we believe the law requires us to do so, we shall remove the content while we investigate.

Free speech is a fundamental right, so we have to make a judgment as to whose right will be obstructed: yours, or that of the person who posted the content that offends you.

If we think your complaint is vexatious or without any basis, we shall not correspond with you about it.

Information relating to your method of payment

Payment information is never taken by us or transferred to us either through our website or otherwise. Our employees and contractors never have access to it.

At the point of payment, you are transferred to a secure page on the website of PayPal or other reputable payment service provider. That page may be branded to look like a page on our website, but it is not controlled by us.

Communications with us

When you contact us, whether by telephone, through our website or by e-mail, we collect the data you have given to us in order to reply with the information you need.

We record your request and our reply in order to increase the efficiency of our business.

We keep personally identifiable information associated with your messages, such as your name/username and email address so as to be able to track our communications with you to provide a high-quality service.

Complaints

When we receive a complaint, we record all the information you have given to us.
We use that information to resolve your complaint.

If your complaint reasonably requires us to contact some other person, we may decide to give to that other person some of the information contained in your complaint. We do this as infrequently as possible, but it is a matter for our sole discretion as to whether we do give information, and if we do, what that information is.

We may also compile statistics showing information obtained from this source to assess the level of service we provide, but not in a way that could identify you or any other person.

Use of Information We Collect Through Automated Systems When You Visit Our Site

Cookies

Cookies are small text files that are placed on your computer’s hard drive by your web browser when you visit any website. They allow information gathered on one web page to be stored until it is needed for use on another, allowing a website to provide you with a personalised experience and the website owner with statistics about how you use the website so that it can be improved.

Some cookies may last for a defined period of time, such as one day or until you close your browser. Others last indefinitely.

Your web browser should allow you to delete any you choose. It also should allow you to prevent or limit their use.

Our Site uses cookies: They are placed by software that operates on our servers, and by software operated by third parties whose services we use.

When you first visit our Site, we ask you whether you wish us to use cookies. If you choose not to accept them, we shall not use them for your visit except to record that you have not consented to their use for any other purpose.

If you choose not to use cookies or you prevent their use through your browser settings, you will not be able to use all the functionality of our website.

We use cookies in the following ways:
a. to track how you use our Site;
b. to record whether you have seen specific messages we display on our Site;
c. to keep you signed in to our Site;
d. to record your answers to surveys and questionnaires on our Site while you complete them;
e. to record the conversation thread during a live chat with our support team.

Our use of re-marketing

Re-marketing involves placing a cookie on your computer when you browse our Site in order to be able to serve to you an advert for our products or services when you visit some other website.

We may use a third party to provide us with re-marketing services from time to time. If so, then if you have consented to our use of cookies, you may see advertisements for our products and services on other websites.

Control Over Your Information

Your duty to inform us of changes

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes.

Access to your personal information

At any time you may review or update personally identifiable information that we hold about you, by signing in to your account on our Site.

To obtain a copy of any information that is not provided on our website you should contact us to make that request.

After receiving the request, we will tell you when we expect to provide you with the information, and whether we require any fee for providing it to you.

Removal of your information

If you wish us to remove personally identifiable information from our Site, you should contact us to make your request.

This may limit the service we can provide to you.

Verification of your information

When we receive any request to access, edit or delete personal identifiable information we shall first take reasonable steps to verify your identity before granting you access or otherwise taking any action. This is important to safeguard your information.

General Provisions

Use of our site and service by children

The Service is not directed to persons under 18 and we do not knowingly collect personal information from children under 18. Children under 18 years of age are prohibited from providing any personal information to the Site. If you become aware that your child has provided us with personal information without your consent, then please contact us using the details below so that we can take steps to remove such information and terminate the child’s account.

Encryption of data sent between us

We use Secure Sockets Layer (SSL) certificates to verify our identity to your browser and to encrypt any data you give us.
Whenever information is transferred between us, you can check that it is done so using SSL by looking for a closed padlock symbol or other trust mark in your browser’s URL bar or toolbar.

Do Not Track

We currently do not honour browser-based Do-Not-Track signals.

Retention period for personal data

Except as otherwise mentioned in this Privacy Policy, we keep your personal information only for as long as required by us:
a. to provide you with the services you have requested;
b. to comply with other law, including for the period demanded by our tax authorities;
c. to support a claim or defence in court.

Changes to this policy

We may amend this Privacy Policy from time to time in order that it accurately reflects the regulatory environment and our own data collection and disclosure practices. Accordingly you should review this policy periodically. When we change this Privacy Policy in a material way, we will update the “last modified” date at the bottom of this Privacy Policy. Changes to this Privacy Policy are effective when they are posted on this page.

Notice to you

If we need to provide you with information about something, whether for legal, marketing or other business-related purposes, we will select what we believe is the best way to get in contact with you. We will usually do this through email, or by placing a notice on the Service. The fact that we may send notices to you will not stop you from being able to opt out of certain types of contact as described in this Privacy Policy.

Complaints

If you are not happy with our privacy policy or if you have any complaint then you should tell us.

If a dispute is not settled then we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration.

If you are in any way dissatisfied about how we process your personal information, you have a right to lodge a complaint with the Information Commissioner’s Office (ICO). This can be done at https://ico.org.uk/make-a-complaint/.

We would, however, appreciate the opportunity to talk to you about your concern before you approach the ICO.

Last Updated: July 30, 2020

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