Lasted updated: 22 July 2020
This policy explains the privacy practices of www.cjamesadams.com Pty Ltd (ACN 135 570 713) (“Flippa“, together “we“, “us“, and “our“) with respect to? www.cjamesadams.com (“Website”) and other goods and services provided by Flippa (“Services”). This policy does not apply to the practices of third parties or any of our users who may collect or receive data in connection with their use of the Services.
This policy demonstrates our commitment to the Privacy Act 1988 (Cth) (“Privacy Act”) and the Australian Privacy Principles (“APPs”) as well as the European General Data Protection Regulation (“GDPR”) and the California Consumer Privacy Act (“CCPA”) to the extent we offer Services or monitor the activity of individuals in the European Union and California in the USA.
We process your personal information to run our business and provide the Services. By accepting our Terms of Service and in some jurisdictions, by acknowledging this policy, you agree that you have read and understand this policy, including how and why we use your information. If you do not want us to collect or process your personal information in the ways described in this policy, you should not use the Services.?
By using the Services, you acknowledge that Flippa will use your information in the United States, Australia and any other country where Flippa 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 below.
1. How we collect personal information.?
In the course of providing Services to you, we collect or receive your personal information directly from you, for example, 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 services you may interact with 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 with Services. Flippa uses the personal information it receives and collects in accordance with the purposes described in this policy.
To use our Services, you will need to enter 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, such as 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. As an Flippa seller, if you choose to use our payment service (“Flippa Payments“), Flippa requires 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, Flippa requires 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 facilitate transactions between buyers and sellers). We may store credit card information for both billing and payment purposes. If you are an Flippa buyer, you may be asked to pre-authenticate your payment method prior to placing a bid. ?
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 modify in your account settings) is publicly displayed and connected to your Flippa activity. Other registered users may see the date you joined; ratings, reviews and information relating to assets you have sold or bought or comments left by you on listings.
For sellers, we may collect and use information about you in order to feature you in marketing and advertising materials and campaigns, and to feature your listings, as provided for in our Terms of Service.
Flippa automatically receives and records information from your browser or your mobile device when you visit the Website, 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 registered users and visitors, and to provide advertising, including across your devices, and a more personalised experience for registered users and visitors.
Flippa 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 Flippa 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.
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 and browser information (including referrers). You can choose to publish your location when you sell on Flippa. We obtain location information you provide in your profile or your IP address. Certain non-precise location services, such as for security and localised policies based on your IP address or submitted address, are critical for the Website to function. We will only share your geolocation details with third parties in order to provide you with the Services.
Some users may choose to connect to Flippa or register an Flippa account using an external third-party application, such as Google. Connecting your Flippa account to third-party applications or services is optional. If you choose to connect your account to a third-party application, Flippa can receive information from that application. We may use that information as part of providing the Services to you. 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.
Flippa receives or obtains information (for example, an email address or IP address) about a person who is not yet a registered Flippa user (a “non-registered-user”) in connection with certain Flippa features, such as when a non-registered user chooses to subscribe to a Flippa newsletter or a registered user invites a non-registered user to visit the Website. Non-registered user information is used only for the purposes disclosed when it was submitted to Flippa, for purposes necessary to the functioning of Flippa’s Services or where Flippa has a legitimate interest, or to facilitate action authorised by a user.
2. Communication from Flippa.
On occasion, Flippa will need to contact you. Primarily, these messages are delivered by email or the discussion forum for a variety of reasons, including marketing, transactions, and service update purposes. You can opt out of receiving marketing communications via email 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. Every account is required to keep a valid email address on file to receive messages. Flippa may also contact you by telephone to provide support or for transaction-related purposes if you request that we call you. Additionally, and with your consent where required by applicable law, Flippa 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 listings and features that you may find of interest. You can update your contact preferences in your account settings.
Some messages from Flippa are service-related and necessary for all users. You understand and agree that Flippa can send you non-marketing emails, messages via the discussion forum, or messages, such as those related to transactions, your account, security, or listing changes. Examples of service-related messages include an email address confirmation/welcome email when you register your account, notification of a bid or offer, service availability, modification of key features or functions, relaying messages with buyers, and correspondence with our customer support team.
When you register for an account, subscribe to a newsletter, or provide us with your email address or phone number, 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 or messages through the opt-out link included in marketing emails or messages. Registered users and subscribers can also control which marketing emails or messages they receive from Flippa through their account settings. Please note that some changes to your account settings may take a few days to take effect.
3. Communicating with other users and commenting?
Flippa is a marketplace and a community. We offer several features that allow registered users to connect, communicate, and comment. Please use common sense and good judgment if you choose to post, comment, communicate or share 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. You are responsible for the personal information that you choose to post using the Services.?
4. How we use, share and disclose information?
Flippa 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 privacy settings through via your accounting settings. 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’ listings 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:
- necessary to perform the contractual obligations in our Terms of Service and in order to provide the Services to you;
- you have consented to the processing, which you can revoke at any time;
- necessary to comply with a legal or regulatory 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, registered users, 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).
Our legitimate interests?
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 Audience Match and Google Customer Match. We or our sellers may advertise our Services or our sellers’ listings 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 & Tracking Policy. These partners have their own privacy policies and consent mechanisms for their customers, in addition to Flippa’s controls. You may see the privacy policies and privacy choices for these partners, and the information you share with them, in our Cookies & Tracking Policy
Where we process your information on the basis of legitimate interests, we do so as follows:
To provide and improve our Services?
We use your information for the legitimate purpose of improving and customising our Services for users, including sharing your information for such purposes. This is also necessary to enable us to pursue our legitimate interests in understanding how our Services are being used, and to explore ways to develop and grow our business. It is also necessary to allow us to pursue our legitimate interests in improving our Services, efficiency and gaining insights into usage patterns of our Services. We have a legitimate interest in customising your on-site experience to help you search for and discover relevant assets and recommended assets, including using this information to help sellers find the best ways to market and sell their assets on Flippa.
For advertising and marketing
We rely on our legitimate interest to send you marketing messages (where permitted independent of consent) and for Flippa’s advertising programmes (including Flippa’s on-site advertising and marketing).
For safety and security of Services?
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 Flippa’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, we may use information you provide to resolve disputes with Flippa or other users.
To facilitate the sales process?
As part of the buying and selling process, Flippa will facilitate the sharing of information between the two users involved in the transaction. This can also involve us sharing your information with some of our third-party partners to enable us to provide the Services to you. Such partners will process your personal information in accordance with their own privacy policies. In some instances, while they are subject to Flippa’s privacy and security requirements, these partners, not Flippa, are responsible for the protection of personal information under their control. By making a sale or a purchase on Flippa, you are directing us to share your information in this way. Since this is an important part of the Services we provide, we need to do this in order to perform our obligations under our Terms of Service. We expect you to respect the privacy of the user whose information you have received. As described in our Terms of Service you have a limited license to use that information only for Flippa-related communications or for Flippa-facilitated transactions. Flippa has not granted a license to you to use the information for unauthorised transactions or sending unsolicited commercial messages in violation of any applicable laws, including any consent requirements of the jurisdiction of the recipient.
To customise your Flippa experience
We may learn about the types of assets that you’re interested in from your browsing and purchasing behaviour on (and off) the Website and use such information to suggest potential purchases as a result. As a core part of our Services, we have a legitimate interest in customising your on-site experience to help you search for and discover relevant items and recommended purchases, including using this information to help sellers find the best ways to market and sell their listings on Flippa.
For legal and security reasons?
Flippa 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 impending or asserted legal claims, including to collect a debt, or a material violation of our policies; to comply with a subpoena, court order, legal process, regulation, 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 rights or property, or violations of our Terms of Service.
If Flippa receives a lawful, verified request for a user’s records or information in one of the limited circumstances described in the previous paragraph, Flippa may disclose personal information, which may include, but may not be limited to, a users’ name, address, phone number, email address, company/trading name and, where appropriate, bank account and transaction details.
For our affiliates?
Flippa is affiliated with a variety of businesses and works closely with them for a variety of purposes, including assisting us to perform and improve the Services. These businesses may sell items or services to you through the Website or Services or, with your consent, offer promotions (including email promotions) to you.
When an affiliated business assists in facilitating your transaction, we may need to share information related to the transaction with that affiliated business in order to facilitate your transaction, and this forms part of the Services we provide in accordance with our Terms of Service. We rely on consent (which can be withdrawn at any time) to send marketing messages and for third-party sharing relating to advertising. As part of this, we may work with advertising partners such as Facebook or Google and we may use analytics aggregated from usage information including, for example, search keywords, favourites, browsing history and purchase history.
For our service providers?
Flippa 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 Flippa 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.
In the event of a restructure
This policy does not apply to the practices of third parties (such as other users who sell assets using the Services, certain third-party providers on whom we rely to provide certain services, or API users) that Flippa does not own or control or individuals that Flippa does not employ or manage, except as otherwise provided for in the Terms of Service 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 Flippa requires these third parties to follow Flippa’s privacy and security requirements, Flippa does not control the privacy or security policies of such third parties. To the full extent applicable in your jurisdiction, Flippa 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.
5. How we transfer personal information?
The 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. To the extent that Flippa is deemed to transfer personal information outside of the EEA, this is necessary to allow us to deliver our Services to you as we provide a global service. As we operate in countries worldwide and use technical infrastructure in Australia, we need to transfer your personal information to Australia to other jurisdictions as necessary to provide the Services. The European Commission has adopted standard contractual clauses (also known as Model Clauses), which provide safeguards for personal information that is transferred outside of Europe. We often use these Model Clauses when transferring personal information outside of Europe. Flippa does not participate in Privacy Shield at this time.
6.?Security of personal information?
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). 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 [email protected].
7. Retention of personal information
Flippa 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 Flippa account), or as needed to provide the Services to you. If you no longer want Flippa to use your information to provide the Services to you, you may close your account. Flippa 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, Flippa 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 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.
8. Your rights?
Certain privacy laws around the world, including the European General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA), provide users with rights related to their personal information.
Consistent with those laws, Flippa 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 Flippa 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.
- You can access certain personal information associated with your account by visiting your account privacy settings. You can request a copy of your personal information in an easily accessible format and information explaining how that information is used.
- 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.
- 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.
- 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 Flippa.
- 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.
- 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 or your account privacy preferences. If you have consented to share your precise device location details but would no longer like to continue sharing that information with us, you can revoke your consent to the sharing of that information through the settings on your mobile device. This is without prejudice to your right to generally permanently close your account and delete your personal information.
The CCPA provides California residents with the following additional rights:
- California residents may request disclosure of the specific pieces and/or categories of personal information that the business has collected about them, the categories of sources for that personal information, the business or commercial purposes for collecting the information, the categories of personal information that we have disclosed, and the categories of third parties with which the information was shared.
- To the extent that Flippa “sells” personal information(as that term is defined under the CCPA), California residents are entitled to opt-out of the “sale” of data at any time (see below for more information).
If you would like to manage, change, limit, or delete your personal information, you can do so via your Flippa account settings. Alternatively, you can exercise any of the rights above by contacting us by submitting a message via our help centre, chat support or email to [email protected] 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 Flippa through one of the channels listed below under “Contact.” 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.
You may also control the receipt of certain types of communications from Flippa in your account settings. Flippa may send you messages about the Services or your activity. Some of these messages are required, service-related messages for users (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. 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 our Cookies Policy.
Additional Disclosures for California Residents
In addition to the Rights & Choices described above, the CCPA requires disclosure of the categories of personal information collected over the past 12 months. While this information is provided in greater detail in the sections above, the categories of personal information that we have collected – as described by the CCPA – are:
- Identifiers, including name, email address, shop name, IP address, and an ID or number assigned to your account.
- Other individual records such as phone number, billing address, or credit or debit card information. This category includes personal information protected under pre-existing California law (Cal. Civ. Code 1798.80(e)), and overlaps with other categories listed here.
- Commercial information, including purchases and engagement with the Services.
- Internet activity, including your interactions with our Services and what led you to our Services.
- Sensory visual data, such as pictures posted on our Website.
- Geolocation data provided through location enabled services such as WiFi and GPS.
- Inferences, including information about your interests, preferences and favourites.
We collect and use these categories of personal information for our business and commercial purposes described in the above sections, including providing and improving the Services, maintaining the safety and security of the Services, processing purchase and sale transactions, and for advertising and marketing services.
Flippa does not sell personal information to third parties for monetary value. However, the term “sale” is defined broadly under the California Consumer Privacy Act. To the extent that “sale” under the CCPA is interpreted to include interest based advertising or other data uses described in the sections above, we will comply with applicable law as to those activities.
To opt-out of receiving interest-based advertising, you can exercise your choice by using your account privacy settings, or the general privacy settings link located at the footer of our homepage and most pages of the Website. The right to opt-out of interest-based advertising is available to all Flippa users.
Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is no industry consensus as to what site and app operators should do with regard to these signals. Accordingly, unless and until the law is interpreted to require us to do so, we do not monitor or take action with respect to “Do Not Track” signals.
California law entitles residents to ask for a notice describing what categories of personal information we share with third parties for their own direct marketing purposes. Other than to Sellers on Flippa (see “Buying and Selling” under the “Information Uses, Sharing and Disclosure” Section above), who must obtain your separate consent for their own marketing off of Flippa, or unless you request us to or consent to it, Flippa does not share any personal information to third parties for their own direct marketing purposes. If you have questions about these practices, you can contact us through one of the channels listed in the “Contact” Section below. For information on interest-based advertising with Flippa and how your information is used for marketing, see our Cookies & Tracking Policy.
If you have a disability and would like to access this policy in an alternative format, please contact us using one of the channels listed in the “Contact” section below.
9. 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 our Terms of Service.
10. 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 or sending you an email or message about the changes. We encourage you to check back regularly and review any updates.
11. Contact us
If you have any questions:
Contact Flippa’s Support team at [email protected]
Send an email to Flippa’s Data Protection Officer at [email protected]
Write to us at the following address:
110 Johnson St, Fitzroy VIC 3056, Australia
For more information about privacy issues in Australia and protecting your privacy, please visit the OAIC website at?www.oaic.gov.au.?For more information about the GDPR, please contact the European Data Protection Supervisor, the European Union’s independent data protection authority or visit their website at:?https://edps.europa.eu/. ?