Shop My Porch, Inc.

PRIVACY POLICY

Last modified: October 1, 2021

Thanks for using our social media and ecommerce platform that matches homebased artisans and other providers of goods and services (our “Makers”) with buyers for those goods and services (our “Shoppers”) both on a hyperlocal basis and, for Makers that are willing to ship their offerings, on a regional, national and international basis. We offer this platform through our mobile application, our website and various social media groups including our Facebook groups, and through in person events. We refer to our platform and any of our other software, applications, products or services, both online and in person, that we may offer from time to time herein as our “Services.” The Services are provided by Shop My Porch, Inc., a Delaware corporation (“Shop My Porch”) with an address at 12463 Rancho Bernardo Road #209, San Diego, CA 92128.

This Privacy Policy is used to inform users of our Service and visitors to our website regarding our policies with the collection, use, and disclosure of Personal Information. If you choose to use our Services, then you agree to the collection and use of information as described in this Privacy Policy. We generally use the Personal Information that we collect for providing and improving the Service. We will not use or share your Personal Information with anyone except as described in this Privacy Policy.

The capitalized words used in this Privacy Policy are either defined here (generally by using quotes the first time we use the term) or in our Terms of Service, which is accessible at https://shopmyporch.com/terms/.

1.             Information we collect and use

We want you to understand the types of information we collect as you use our Services.        

We collect information to provide better Services to all our users — from figuring out basic stuff like how to communicate with you, to more complex things like which people matter most to you online, or which products you are most likely to like. The information we collect, and how that information is used, depends on how you use our Services and how you manage your privacy controls.

When you’re not signed into a Shop My Porch Account, we store the information we collect with unique identifiers tied to the browser, application or device you’re using. This helps us do things like maintain your preferences across sessions.

When you’re signed in, we also collect information that we store with your Shop My Porch Account, which we treat as Personal Information. “Personal Information” means information that you provide to us which personally identifies you, such as your name, email address, or billing and payment information for Subscriptions, or other data that can be reasonably linked to such information by Shop My Porch, such as information we associate with your Shop My Porch Account.

When you create a Shop My Porch Account, you provide us with Personal Information that includes your name, email and password. You can also choose to add a phone number or payment information to your account. Even if you aren’t signed into a Shop My Porch Account, you might choose to provide us with information — like an email address or phone number to receive notifications or updates about our Services.

We also collect the content you create, upload, or receive from others when using our Services. This includes things like products you offer or request, messages you write and receive, or comments you make on posts.

We collect information about the apps, browsers, and devices you use to access our Services, which in the future will help us provide features like automatic product updates.

The information we collect may include unique identifiers, browser type and settings, device type and settings, operating system, mobile network information including carrier name and phone number, and application version number. We may also collect information about the interaction of your apps, browsers, and devices with our Services, including Internet Protocol (“IP”) address, crash reports, system activity, and the date, time, and referrer URL of your request.

We collect this information when a Shop My Porch Service on your device contacts our servers — for example, when our Service checks for automatic updates. This information includes things like your device type, software version, carrier name, crash reports, and which apps you've installed.

Other examples of the typea of information we collect are described below.

2.             Your activity

We collect information about your activity in our Services, which we use to do things like recommend products to you or adjust the algorithms governing which posts you see. The activity information we collect may include terms and content you search for, products you post or products you purchase, your views and interactions with content, people with whom you communicate or share content, or activity on third-party sites and apps that use our Services.

3.             Address Book Data

We may collect contact or address book data for use in helping users connect with each other. This data is anonymized via hashing before being uploaded to our Services and is used to determine whether or not someone associated with your contact or address book is using Shop My Porch.

4.             Third Party Services

Our Services connect to third party services that may collect information used to identify you.

5.             Log Data

Whenever you use our Services, in a case of an error in our software or app we collect data and information (through third party products) on your device called “Log Data.” This Log Data may include information such as your device IP address, device name, operating system version, the configuration of the software or app when utilizing our Services, the time and date of your use of the Services, and other statistics.

6.             Providing Services

We use your information to deliver our Services, like helping you share content by suggesting recipients from your contacts.

7.             Maintaining and Improving Services

We also use your information to ensure our Services are working as intended, such as tracking outages or troubleshooting issues that you report to us. And we use your information to make improvements to our Services — for example, understanding which search terms are most frequently misspelled helps us improve spell-check features.

8.             Providing Personalized Services

We may use the information we collect to customize our Services for you, including providing recommendations and personalized content. For example, Shop My Porch uses information like products you’ve already purchased in order to suggest new products you might like.

9.             Measuring Performance

We use data for analytics and measurement to understand how our Services are used. For example, we analyze data about your visits to our posts and sites to do things like optimize product design and the algorithm for the flow of new product posts.

10.           Communicating with our Users

We use information we collect, like your email address, to interact with you directly. For example, we may send you a notification if we detect suspicious activity, like an attempt to sign into your Shop My Porch Account from an unusual location. Or we may let you know about upcoming changes or improvements to our Services. And if you contact Shop My Porch, we’ll keep a record of your request in order to help solve any issues you might be facing.

11.           Protecting Shop My Porch, our users, and the public

We use information to help improve the safety, reliability and quality of our Services. This includes detecting, preventing, and responding to fraud, abuse, security risks, and technical issues that could harm Shop My Porch, our users, or the public. We also track our posts so that we can improve the Services for both Makers and Shoppers.

12.           Technologies we Use

We use different technologies to process your information for these purposes. We use automated systems that analyze your content to provide you with things like customized search results or other features tailored to how you use our Services. And we analyze your content to help us detect abuse such as spam, malware, and illegal content.

We may combine the information we collect among our Services and across your devices for the purposes described above. For example, if you purchase certain types of products, we may suggest similar products. Depending on your account settings, your activity on other sites and apps may be associated with your Personal Information in order to improve Shop My Porch’s Services.

If other users already have your email address or other information that identifies you, we may show them your publicly visible Shop My Porch Account information, such as your name and photo. This helps people identify a message coming from you, for example.

We’ll ask for your consent before using your Personal information for a purpose that isn’t covered in this Privacy Policy.

13.           Rights and Choices

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, Shop My Porch 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 Shop My Porch 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, including:

·           Right of access and portability – you can access certain personal information associated with your account by visiting your account privacy settings. You can also request a copy of your personal information in an easily accessible format and information explaining how that information is used.

·           Right to correction – you have the right to request that we rectify inaccurate information about you. By visiting your account settings, you can correct and change certain personal information associated with your account.

·           Right to restrict processing – in certain cases where we process your information, you may also have the right to restrict or limit the ways in which we use your personal information.

·           Right to deletion – in certain circumstances, you have the right to request the deletion of your personal information, except information we are required to retain by law, regulation, or to protect the safety, security, and integrity of Shop My Porch.

·           Right to object – if we process your information based on our legitimate interests as explained above, or in the public interest, you can object to this processing in certain circumstances. In such cases, we will cease processing your information unless we have compelling legitimate grounds to continue processing or where it is needed for legal reasons. Where we use your personal data for direct marketing purposes, you can object using the unsubscribe link in such communications or changing your account email settings. 

·           Right to withdraw consent – where we rely on consent, you can choose to withdraw your consent to our processing of your information using specific features provided to enable you to withdraw consent, like an email unsubscribe link 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 permanently close your account and delete your personal information.

The CCPA provides California residents with the following additional rights: 

·           Right to know — 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. 

·           Right to opt-out --- to the extent that Shop My Porch “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 Shop My Porch account settings. Alternatively, you can exercise any of the rights above by contacting us by submitting a message through our customer support. 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 Shop My Porch as described in the “Contact Us” section below. 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 authorized agent to make a request on your behalf. In order to designate an authorized 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 authorized 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 Shop My Porch in your account settings. Shop My Porch may send you messages about the Services or your activity. Some of these messages are required, service-related messages for members (such as transactional messages or legal notices). Other messages are not required, such as newsletters. You can control which optional messages you choose to receive by changing your account settings, and you can learn more in the “Communicating with out Users” Section of this Privacy Policy. 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.

Cookies” are files with a small amount of data that is commonly used as an anonymous unique identifier. These are sent to your browser from the website that you visit and are stored on your device internal memory. We use both technically necessary (for the functioning and security of the Services) and non-technically necessary cookies and similar technologies. Our app may also use third party code and libraries that use Cookies to collection information and to improve their Services. You have the option to either accept or refuse these Cookies and know when a Cookie is being sent to your device. If you choose to refuse our Cookies, you may not be able to use some portions of our Service.

14.           Additional Disclosures for California Residents

In addition to the “Rights and Choices” described above, the CCPA requires disclosure of the categories of personal information collected over the past 12 months. While this information is described throughout this Privacy Policy, 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.

·           Demographics, such as your age or gender, or, where you have provided such information to Shop My Porch voluntarily, demographic information about your race, ethnicity, sexual orientation, or gender identity, provided in relation to specific marketing and advocacy projects and campaigns. This category includes data that may qualify as protected classifications under other California or federal laws.

·           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 Service.

·           Geolocation data provided through location enabled services such as WiFi and GPS.

·           Inferences, including information about your interests, preferences and favorites.

We collect and use these categories of personal information for our business and commercial purposes as described throughout this Privacy Policy, 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.

Shop My Porch does not sell personal information to third parties for monetary value. However, the term “sale” is defined broadly under the CCPA. To the extent that “sale” under the CCPA is interpreted to include interest based advertising or other data uses described in the this Privacy Policy, 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 Site. The right to opt-out of interest based advertising is available to all Shop My Porch 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 Makers on Shop My Porch, who must obtain your separate consent for their own marketing off of Shop My Porch, or unless you request us to or consent to it, Shop My Porch 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. 

If you have a disability and would like to access this policy in an alternative format, please contact us.

15.           Service Providers

We may employ third-party companies and individuals due to the following reasons:

·           To facilitate our Service;

·           To provide the Service on our behalf;

·           To perform Service-related Services; or

·           To assist us in analyzing how our Service is used.

These third parties may have access to your Personal Information in order to perform the tasks assigned to them on our behalf. However, they are obligated not to disclose or use your Personal Information for any other purpose.

16.           When Shop My Porch shares your information

We do not share your Personal Information with companies, organizations, or individuals outside of Shop My Porch except in the following cases:

With your consent – we’ll share Personal Information outside of Shop My Porch when we have your consent. We’ll ask for your explicit consent to share any sensitive Personal Information.

For Subscriptions – we may receive and provide Personal Information to External Services for purposes of maintaining your Accounts and Subscriptions.

For external processing – we provide Personal Information to our affiliates and other trusted businesses or persons to process it for us, based on our instructions and in compliance with our Privacy Policy and any other appropriate confidentiality and security measures. For example, we may use service providers to help us with customer support.

For legal reasons – we will share Personal Information outside of Shop My Porch if we have a good-faith belief that access, use, preservation, or disclosure of the information is reasonably necessary to (a) meet any applicable law, regulation, legal process, or enforceable governmental request, (b) enforce applicable Terms of Service, including investigation of potential violations, (c) detect, prevent, or otherwise address fraud, security, or technical issues, or (d) protect against harm to the rights, property or safety of Shop My Porch, our users, or the public as required or permitted by law.

17.           Shop My Porch partners

We may share non-personally identifiable information publicly and with our partners — like our Makers, our Shoppers and advertisers, developers, or rights holders. For example, we share information publicly to show trends about the general use of our Services. We also allow specific partners to collect information from your browser or device for advertising and measurement purposes using their own cookies or similar technologies.

18.           Shop My Porch Merger or Acquisition

If Shop My Porch is involved in a merger, acquisition, or sale of assets, we’ll continue to ensure the confidentiality of your Personal Information and give affected users notice before Personal Information is transferred or becomes subject to a different privacy policy.

19.           Security

We value your trust in providing us your Personal Information, and we are striving to use commercially acceptable means of protecting it. But remember that no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and we cannot guarantee its absolute security.

20.           Links to Other Sites

This Service may contain links to other sites. If you click on a third-party link, you will be directed to that site. Note that these external sites are not operated by us. Therefore, we strongly advise you to review the Privacy Policy of these websites. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or Services.

21.           Children’s Privacy

These Services do not address anyone under the age of 13. We do not knowingly collect personally identifiable information from children under 13. In the case we discover that a child under 13 has provided us with Personal Information, we immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with Personal Information, please contact us so that we will be able to take all necessary actions.

22.           Changes to This Privacy Policy

We change this Privacy Policy from time to time. We will not reduce your rights under this Privacy Policy without your explicit consent. We always indicate the date the last changes were published and we offer access to archived versions for your review. If changes are significant, we’ll provide a more prominent notice (including, for certain Services, email notification of Privacy Policy changes).

23.           Contact Us

If you have any questions or suggestions about our Privacy Policy, do not hesitate to contact us at support@shopmyporch.com.