# Privacy Policy

- Link: https://shopquirkla.com/privacy-policy/
- Published: 2022-01-16T08:11:10-08:00
- Author: Rich Baldonado

## PRIVACY POLICY

Last updated: November 23, 2023

Quirk understands you care about how your personal information is used and shared,
and we take your privacy seriously. Please read the following to learn more about
our privacy practices. By using or accessing the Services in any manner, you acknowledge
the practices and policies outlined in this Privacy Policy, and that we will collect,
use, and share your information in the following ways.

Remember that your use of Quirk’s Services is subject to the [Terms of Service](https://shopquirkla.com/terms-of-service),
which incorporates this Privacy Policy. Any terms we use in this Privacy Policy 
without defining them have the definitions given to them in the [Terms of Service.](https://shopquirkla.com/terms-of-service)

## What does this Privacy Policy cover?

This Privacy Policy applies to quirk.com, and all other websites, applications, 
widgets, products, services, and other offerings (collectively, the “Services”) 
owned and operated by Quirk Wholesale, Inc. and our affiliates and subsidiaries (
collectively, “Quirk”) that link to this Privacy Policy. This Policy covers our 
treatment of the personal information we gather through use of our Services.

Quirk Wholesale B.V. (Wilhelmina van Pruisenweg 35, 2595AN, The Hague, the Netherlands)
is the data controller for the personal information collected in connection with
use of Quirk’s services in the European Economic Area (“EEA”) and the United Kingdom.
Quirk 112 West 9th St. #200 Los Angeles, CA 90015 USA) is the data controller for
the personal information collected in connection with use of Quirk’s services elsewhere.

## What Information does Quirk Collect?

We collect information about your use of our Services. We also gather various types
of personal information, as explained in more detail below.

### Information You Provide to Us

We receive and store any information you knowingly provide to us. If you create 
an account or place an order with us, we may collect personal information such as:

### Using the Services

When you browse and use our Services, we collect information about the items you
browse, show interest in, and buy. Some of our Services allow you to create audio-
visual content, which can be streamed live to other Quirk users in some cases. Depending
on the functionalities, these Services may access the camera and/or microphone on
your device and record your image and voice.

### Communications with Us

We collect personal information from you when you communicate with us, for example
when you request information about our services, contact our Support team, apply
for a job, or register for our newsletter.

### Surveys, Sweepstakes, and Contests

We may ask you to participate in optional surveys, where you may be asked to provide
personal information.

Additionally, we may conduct sweepstakes or contests where you may be asked to provide
personal information. This information may be used to contact you about the sweepstakes
or contest, and for other purposes as permitted by law, including promotional and
marketing purposes. Additionally, note that some jurisdictions require us to publicly
share information about sweepstakes and contest winners.

### Forums and Social Media

Our Services may provide forums, blogs, social media pages, or other channels where
individuals may review purchases, talk about their experience using our Services,
or “like” or “share” content to social media. Note that content provided for and
posted in these channels, including by you, is public and that the processing of
your information might be subject to the policies and notices of third parties that
make such channels available or index such content.

## How Does Quirk Use the Personal Information It Collects? Information Collected Automatically

Whenever you interact with our Services, we automatically receive and record information
on our server logs from your browser or device, which may include your IP address,
geolocation data, device identification, the type of browser and/or device you’re
using to access our Services, and the page or feature you requested.

Additionally, we, as well as third parties that provide content, advertising, or
other functionality on our Services, may use cookies, pixel tags, local storage,
and other technologies to collect information automatically through our Services.

These technologies are small data files that we transfer to your browser or device
that allows us to provide and enhance our Services. You may be able to change the
preferences on your browser or device to prevent or limit your device’s acceptance
of these technologies, but this may prevent you from taking advantage of some of
our features.

Please refer to our dedicated [Cookie Notice](https://shopquirkla.com/cookies) for
more information on how we use cookies and similar automatic collection technologies
when providing our Services.

### Analytics

We may use analytics service providers, including Google Analytics, to collect information
regarding visitors to our Services, such as their behavior on our Services or information
about their demographic. For more information about Google Analytics, see [https://www.google.com/policies/privacy/partners/](https://www.google.com/policies/privacy/partners/).
To opt out of Google Analytics, visit [https://tools.google.com/dlpage/gaoptout](https://tools.google.com/dlpage/gaoptout).

### Do-Not-Track

Your browser may offer you a “Do Not Track” option, which allows you to signal to
operators of websites and web applications and services (including behavioral advertising
services) that you do not wish such operators to track certain of your online activities
over time and across different websites. At this time, we do not respond to nor 
honor Do-Not-Track signals from web browsers.

### Information Collected from Third Parties

Referral Programs. We may collect information about you through a referral program,
such as when a Quirk Retailer or Brand refers one of their existing customers, leads,
or partners to Quirk. If you have been referred to Quirk but wish to opt out of 
emails from us, please contact us as explained below.

Single Sign On. If you access our Services through a third party or social networking
site, we may collect information about you that has been made available via your
privacy settings with that third party. For example, if you register for Quirk with
Facebook, we may collect your name, profile ID, location, gender, profile picture,
and list of your friends.

Third-Party Integrations. We may offer third-party integrations. If you choose to
integrate third-party applications with Quirk, we will collect personal information
as part of that integration. Because each third-party service you may choose to 
integrate collects different personal information, the detail in which information
will be collected will be explained during the integration setup process. For more
information on integrations, please contact us as described below.

With your explicit consent, Quirk uses Plaid Technologies, Inc. (“Plaid”) to gather
data from financial institutions. By using our Services, you grant Quirk and Plaid
the right, power, and authority to act on your behalf to access and transmit your
personal and financial information from the relevant financial institution. You 
agree to your personal and financial information being transferred, stored, and 
processed by Plaid in accordance with the [Plaid Privacy Policy.](https://plaid.
com/legal)Other Sources. We may receive information about you from other sources,
including to supplement the information we have collected about you. In some circumstances,
we may receive payment performance information to evaluate your eligibility for 
extended payment terms.

We use the information we collect about you for various business purposes as described
below.

To provide you with our Services

 * Enter into a contract with you
 * Allow you to set up a user account and profile
 * Fulfill your requests for products and services
 * Allow you to create and share content with others
 * Communicate with you about your account and updates to our Services
 * Determine your order or account limits and eligibility for extended payment terms
 * Process applications, transactions, and payments
 * Allow you to register for events
 * Facilitate communications between you and other users

For our legitimate business interests

 * Analyze how you use the Services
 * Understand user interest and engagement on the Services
 * Engage in marketing or sales outreach
 * Provide customized content, offers, or Services, including marketing content 
   via email, postal mail, social media, SMS, or other channels, subject to applicable
   laws
 * Research and develop Services
 * Improve and streamline our Services
 * Verify your identity and prevent fraud
 * Detect security incidents; protect against malicious, deceptive, fraudulent, 
   or illegal activity
 * Ensure quality control
 * Debug to identify and repair errors
 * Enforce our Terms and policies
 * Audit or other compliance activities

You can obtain further information on the legitimate interest balancing exercise
on request by reaching out to us via the context details below, to the extent this
information is not contained in this Privacy Policy.

#### To comply with our legal obligations

We retain and use your information in connection with potential legal claims, and
for compliance, regulatory and auditing purposes. For example, we retain information
where we are required by law, or if we are compelled to do so by a court order or
regulatory body. Also, when you exercise any applicable legal rights you have to
access, amend or delete your personal information, we may request identification
and verification documents from you for the purpose of confirming your identity.

#### With your consent

Quirk may collect and use personal information with your consent. You can revoke
your consent at any time (either through our Services directly or by contacting 
us via hello@shopquirkla.com), though note that you might not be able to use any
service or feature that requires collection or use of that personal information.

### Automated Decision-Making

Quirk does not engage in automated decision-making that has legal or similarly significant
effect on individuals.

### De-Identified, Aggregated and anonymized Information

We use personal information to create de-identified, aggregated or anonymized information
such as: information about demographics, de-identified location information, information
about devices used to access our Services, and de-identified, aggregate or anonymized
information on transactions on our Services that help our users understand and optimize
sales.

### Third-Party Websites

We may offer links to third-party websites or Services, which are not controlled
by us and not subject to the protections laid out in this Privacy Policy. We do 
not endorse nor approve any third-party website and we encourage our users to read
the privacy policy of each service they interact with.

### APIs and SDKs

We may use third-party APIs and software development kits (“SDKs”), which may allow
third parties to collect personal information about you for various purposes, such
as to conduct analytics, verify your business when you register with Quirk as a 
Retailer or Brand, provide customized content, or otherwise streamline the Services.
For more information about our use of APIs and SDKs, contact us as described below.

## Will Quirk Disclose Any of the Personal Information It Receives?

We “share” information as defined by California law. We do not rent nor sell your
personal information in personally identifiable form to anyone. Additionally, we
disclose personal information as described below.

We may disclose your personal information with third parties as described in this
section:

Service Providers. We employ service providers to perform tasks on our behalf, and
we need to disclose your information with them in order to provide products or services
to you; for example, we may use a payment processing company to receive and process
any credit card transactions for us. Click [here](https://www.shopquirkla.com/privacy-disclosure)
for further information.

When You Request That We Disclose Your Information. We may offer Services, features,
or promotions that involve disclosing your information to a third party or with 
other Quirk users. If you request or agree to have your information disclosed to
a third party as part of a feature or Service, we will disclose that information
at your request.

Credit Evaluation. If you are extended payment terms, we may disclose aggregated
payment performance information to third-party service providers that report on 
payment performance to Quirk and other businesses.

De-Identified Information. We may provide de-identified, aggregate or anonymized
information to our partners, including usage information to help our partners understand
how often and in what ways people use our Services, so that they, too, can provide
you with an optimal online experience. Before we disclose this information, we take
reasonable efforts aligned with industry best practices to ensure that this information
cannot identify you.

Advertising on the Quirk Platform. We may allow advertisers and/or merchant partners(“
Advertisers”) to choose the demographic information of users who will see their 
advertisements and/or promotional offers. You agree that we may provide any of the
information we have collected from you in non-personally identifiable form to an
Advertiser, in order for that Advertiser to select the appropriate audience for 
those advertisements and/or offers. For example, we might use the fact you are located
in San Francisco to show you ads or offers for San Francisco businesses, but we 
will not tell such businesses who you are. Or, we might allow Advertisers to display
their ads to users with similar usage patterns to yours, but we will not disclose
usage information to Advertisers except in aggregate form, and not in a manner that
would identify you personally. Note that if an advertiser asks us to show an ad 
to a certain audience or audience segment and you respond to that ad, the advertiser
may conclude that you fit the description of the audience they were trying to reach.

Third-party Advertising. We want to make sure that our advertising is relevant and
interesting to you and our other users. To achieve this, we use specialized third-
party advertising companies, including companies that collect data about you in 
order to build a profile of your preferences based on your activities when you visit
or use the Services. We also use these companies to automatically collect data from
you when you use the Services in order to help us identify the ads that are served
to you and what you do after seeing those ads. When you enter your email address
or similar details through our Services (either to log in, or to sign up for a service,
newsletter, or similar) we may disclose personal or other information that we collect
from you, such as your email (in a hashed form) or other unique identifiers, to 
third-party technology companies that help us personalize our services to you (including
our ads). For example, we may use Meta’s custom audience and conversion offerings
and disclose your email address and other identifiers in a protected format with
Meta so that we can: include you in a custom audience so we will serve relevant 
advertising content to on Meta platforms; or create an audience of other Meta users
based on the information in your profile (i.e., Instagram or Facebook platform).
You can manage the data which is disclosed by such third parties with us by amending
your preferences, using the privacy settings which these third parties provide on
their platforms. For further information relating to our third-party partners or
to opt-out of such sharing of your information please reach out to us via [privacy@
shopquirkla.com](mailto:privacy@shopquirkla.com).

User Profiles and Submissions. Certain user profile information, including your 
name, location, and any video or image content that such user has uploaded to the
Services, may be displayed to other users to facilitate user interaction within 
the Services or address your request for our services. Your account privacy settings
may allow you to limit the other users who can see the personal information in your
user profile and/or what information in your user profile is visible to others. 
Please remember that any content you upload to your public user profile, along with
any personal information or content that you voluntarily disclose online in a manner
other users can view (on discussion boards, in messages and chat areas, etc.) becomes
publicly available, and can be collected and used by anyone. Your user name may 
also be displayed to other users if you send messages or comments or upload images
or videos through the Services and other users can contact you through messages 
and comments.

Business Transfers. We may choose to buy or sell assets, and may disclose and/or
transfer customer information in connection with the evaluation of and entry into
such transactions. Also, if we (or our assets) are acquired, or if we go out of 
business, enter bankruptcy, or go through some other change of control, personal
information could be one of the assets transferred to or acquired by a third party.

Protection of Company and Others. We reserve the right to access, read, preserve,
and disclose any information that we reasonably believe is necessary to comply with
law or court order; enforce or apply our Terms of Use and other agreements; or protect
the rights, property, or safety of Company, our employees, our users, or others.

### International Data Transfers

We may transfer information about you anywhere in the world, including transferring
information we collect about you to recipients outside of the EEA or the United 
Kingdom, including to the United States where our global headquarters are located.
These countries may not have the same data protection laws as the country in which
you initially provided the information. When we transfer or disclose your personal
information to other countries, we will protect that information as described in
this Privacy Policy.

We comply with applicable legal requirements providing adequate safeguards for the
transfer of personal information to countries other than the country where you are
located. We may transfer personal information to countries for which [Adequacy Decisions](https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/adequacy-decisions_en)
have been issued, use contractual protections for the transfer of personal information,
such as the European Commission’s Standard Contractual Clauses, a vendor’s Binding
Corporate Rules or by rely on such other data transfer mechanisms as available under
applicable data protection laws, and where necessary, by implementing further organizational,
contractual and technical supplement measures in order to ensure the effectiveness
of the transfer mechanisms. You may contact us as specified in the sections below
to obtain a copy of the safeguards we use to transfer Personal Information outside
of the EEA or the United Kingdom.

## Data Rights Children’s Information

As noted in the Terms of Service, we do not knowingly collect nor solicit personal
information from anyone under the age of 18. If you are under 18, please do not 
attempt to register for the Services or send any personal information about yourself
to us. If we learn that we have collected personal information from a child under
age 18, we will delete that information as quickly as possible. If you believe that
a child under 18 may have provided us with personal information, please contact 
us as described below.

## Is Personal Information About Me Secure?

You must prevent unauthorized access to your account and personal information by
selecting and protecting your password appropriately and limiting access to your
computer or device and browser by signing off after you have finished accessing 
your account.

We endeavor to protect the privacy of your account and other personal information
we hold in our records, but unfortunately, we cannot guarantee complete security.
Unauthorized entry or use, hardware or software failure, and other factors, may 
compromise the security of user information at any time.

## What Are My Privacy Rights and Choices?

You can always opt not to disclose information to us, but keep in mind some information
may be needed to register with us, use our Services or take advantage of some of
our features.

### Opting Out of Communications

If you no longer wish to receive electronic communications from us, click the unsubscribe
link at the bottom of the email or follow opt-out instructions provided in other
communication channels. Note you may still receive transactional emails from us.
We process requests to be placed on do-not-mail and do-not-call lists as required
by applicable law.

### Opting Out of Cookies and Advertising

You may stop or restrict the placement of cookies on your device or remove them 
as your browser or device permits. Visit [https://www.networkadvertising.org/managing/opt_out.asp](https://www.networkadvertising.org/managing/opt_out.asp),
[https://www.youronlinechoices.eu](https://www.youronlinechoices.eu/), [https://www.youradchoices.ca/choices](https://www.youradchoices.ca/choices),
and [https://www.aboutads.info/choices](https://www.aboutads.info/choices) to learn
more about the choices available to opt out of cookies and advertising.

### Updating Your Personal Information

Through your account settings, you may access, and, in some cases, edit or delete
the following information you have provided to us:

 * name
 * email address
 * location
 * payment information

The information you can view, update, and delete may change as the Services change.
If you have any questions about viewing or updating information we have on file 
about you, please contact us as described below.

Subject to the requirements of applicable law, you may also have privacy rights 
including:

 * Data access and portability: You may have the right to receive a copy of the 
   data and related information we have about you and request us to transfer all
   or some of this data to a third party.
 * Correction of data: You may request that we update or rectify information we 
   have about you.
 * Deletion of data: You may request that we delete information we have about you.
 * Restriction of or object to processing: You may have the right to opt in or opt
   out of certain uses of your data or to object to all processing of your data.

If you would like to exercise any of these rights, please contact us as described
below. We will process your request in the time and manner required by law. To protect
your privacy, we may take steps to verify your identity before fulfilling your request,
such as by asking you to log in to your Quirk account or confirm your email address.
The rights above may be limited in some circumstances, for example if fulfilling
your request would reveal personal information about another person, where they 
would infringe the rights of a third party (including our rights) or if you ask 
us to delete information which we are required by law to keep or have compelling
legitimate interests in keeping. We will inform you of relevant exemptions we rely
upon when responding to your request.

Non-Discrimination. You have the right not to receive discriminatory treatment for
the exercise of your privacy rights. If you have questions about your data rights,
contact us as described below, or reach out to our data protection officer at hello@
shopquirkla.com In the event you have unresolved concerns, you also have the right
to contact your local data protection authority.

## Data Retention

We generally retain personal information for as long as necessary to fulfill the
purposes for which we collected it, including for the purposes of satisfying any
legal, financial, or reporting obligations, to establish or defend legal claims,
or for compliance and protection purposes.

To determine the appropriate retention period for personal information, we may consider
factors such as:

 * The amount, nature, and sensitivity of the personal information
 * The potential risk of harm from unauthorized use or disclosure of your personal
   information
 * The purposes for which we process your personal information
 * Whether we can achieve those purposes through other means
 * Applicable legal requirements

When we no longer require the personal information we have collected about you, 
we may either delete it, anonymize it, or isolate it from further processing.

## Will Quirk Change this Privacy Policy?

We’re constantly trying to improve our Services, so we may need to change this Privacy
Policy from time to time as well, but we will alert you to material changes by placing
a notice on the https://www.shopquirkla.com website, by sending you an email, and/
or by some other means.

By using the Services after any changes to the Privacy Policy have been posted, 
you agree to the new Privacy Policy.

## Notice for California Residents

We do not sell or share personal information of California residents. For a list
of categories of personal information we have shared with third parties for a business
purpose in the last 12 months, click [here](https://www.shopquirk.com/privacy-disclosure).

### Financial Incentives

We may offer referral programs that include financial incentives. To participate
in these referral programs, you may be asked to provide information regarding customers,
colleagues, leads, or other third parties, such as their name, store name, and email
address. They and/or you will receive rewards such as reduced commissions and/or
fees, cash, or promotional credit to spend on the Quirk marketplace if they sign
up to use our Services. These referral programs are entirely voluntary. The value
of data received in referral programs depends on whether, how, and how often the
referred party uses the Services. If you wish to withdraw from an incentive program,
please contact us as described below.

### Rights and Choices

Authorized Agents. You may designate an authorized agent to exercise your California
privacy rights. Only you, or someone legally authorized to act on your behalf, may
make a verifiable consumer request related to your personal data. You may also make
a verifiable consumer request on behalf of your minor child. To designate an authorized
agent, please contact us as described below.

If you are a California resident and would like to exercise any of your privacy 
rights, please contact us as described below. We will process such requests in accordance
with applicable laws.

Limit Processing of Sensitive Personal Data. We only use Sensitive Personal Data
as necessary for service delivery and operations, security and integrity of our 
Services, or for quality and safety of our Services.

### Accessibility

This Privacy Policy webpage uses industry-standard technologies and was developed
inline with the World Wide Web Consortium’s Web Content Accessibility Guidelines(
v. 2.1). If you wish to print this Policy, you may do so from your web browser or
by saving the page as a PDF.

## Notice for Colorado, Connecticut, and Virginia Residents

In addition to the rights listed above, residents of Colorado, Connecticut, and 
Virginia may submit requests to opt-out of their personal information being used
for targeted advertising purposes and profiling.

To submit a request to opt-out of targeted advertising and profiling, visit Faire’s
[Cookie Policy](https://www.shopquirk.com/privacy/cookies), click on “Cookies Settings,”
and disable targeting cookies.

## United States Postal Service Privacy Act Statement

Where applicable, your information will be used to facilitate the purchase of USPS
postage and fulfill transactional reporting requirements for USPS postage systems.
Collection is authorized by 39 U.S.C. 401, 403, and 404. Providing the information
is voluntary, but if not provided, your transaction may not be processed. The Postal
Service does not disclose your information to third parties without your consent,
except to facilitate the transaction, to act on your behalf or request, or as legally
required. This includes the following limited circumstances: to a congressional 
office on your behalf; to financial entities regarding financial transaction issues;
to a US Postal Service (USPS) auditor; to entities, including law enforcement, as
required by law or in legal proceedings; and to contractors and other entities aiding
us to fulfill the service (service providers). For more information regarding our
privacy policies, visit [https://www.usps.com/privacypolicy](https://www.usps.com/
privacypolicy).

## What if I have questions about this policy?

If you have any questions or concerns regarding our privacy policies, please contact
us at [privacy@shopquirkla.com](https://shopquirkla.com/privacy-policy/privacy@shopquirkla.com)
or by regular mail via:

### For the US, Canada and Rest of the World (excluding Australia and New Zealand)

Quirk 
112 West 9th St. #200 Los Angeles, CA 90015