Privacy Policy

The Luxify.com website and mobile application (collectively the “Site”) are owned and operated by Luxify Pty Ltd. This Privacy Policy describes how information, including Personal Information, is collected from you and subsequently used, shared, secured and otherwise processed by Luxify Pty Ltd and our affiliated companies (“Luxify.com”, “Luxify”, “us” or “we”).

“Personal Information”, is any information that enables us to identify you, directly or indirectly, such as your email address, name, shipping and billing address, telephone number, company name, credit card information, any form of identification number or one or more factors specific to your physical, physiological, mental, economic, cultural or social identity.

This Privacy Policy is part of our User Agreement, available here – www.luxify.com/about/terms-and-conditions. Mobile users can navigate to the Settings icon to access our User Agreement and Privacy Policy.

By accessing this website or our mobile application and making use of our services you explicitly agree to the terms of this Privacy Policy and the User Agreement.

For the purposes of the EU General Data Protection Regulation 2016/679 (the “GDPR”), the data controller is Luxify Pty Ltd, whose registered office is at 4 Hickson Rd Dawes Point 2000 NSW, Sydney, Australia.

1. Effective date and updates to our Privacy Policy.

This Privacy Policy is effective as of January 1st, 2020. As our services evolve and we perceive the need or desirability of collecting or using information collected in other ways, we may from time to time amend this Privacy Policy and will provide a new effective date on the revised Privacy Policy. We encourage you to check our Site frequently to see the current Privacy Policy and User Agreement in effect and any changes that may have been made to them.

2. Information Luxify collects from you.

a) Information you give us

Communicating with us. In general, you can visit the Site without telling us who you are or revealing any information about yourself. However, if you correspond with us through our Contact Us page, by phone, email or otherwise, we will retain the Personal Information that you provide. This includes Personal Information you provide when participating in discussion boards or social media functions on the Site, and when you report a problem with the Site.

Communicating with other users. Users can contact sellers to negotiate a sale or make a purchase by contacting the seller using a telephone number displayed on the Site which is operated by us. When a user connects with a seller by telephone that call may be recorded by us to log transactions and for training and quality assurance purposes.

Creating an account. To take advantage of some of our services you are required to register and create an account via the Sign Up page on our Site. When you open an individual account at Luxify.com, we ask you to provide Personal Information (such as your name, address, phone number, email address, business affiliation and contact information). All Luxify.com account holders are required to create a user password that, combined with your login email address, allows access to your account. This Personal Information is used to identify you as a Luxify.com registered user.

Saving an item. Users may save items to their favorites by clicking the heart or folder icon for an item. If you have created an account, your saved items are stored in the favorites folders associated with your account. Items are saved until you remove them.

Facebook log-in. As part of our services, we offer you the option of creating an individual account with Luxify.com using your Facebook profile. If you select this option, we will automatically collect selected Personal Information about you from your Facebook account. The Personal Information we collect depends on your privacy settings for sharing such Personal Information, and may include name, profile picture, age range, gender, language, country and other public information.

Creating a seller account. When you open a seller account with Luxify.com, you will also be required to provide Personal Information such as information about your company and any reseller or trade association information. You will also be asked to provide references which may include Personal Information relating to third parties. Please ensure that those third parties have consented to the use of their Personal Information by 1stdib.com for the purposes of confirming your identity or the identity of your company.

Making a purchase. Luxify.com is a marketplace offering a forum for sellers to offer items for sale and for buyers to browse, and make purchases. When you make an offer, we will ask you to provide credit card or other payment details as well as shipping information for orders.

Reviews. Registered users may choose to write reviews and have them posted on the Site; others wishing to post a review must register and provide their name and contact information including email and postal addresses. Reviews will include the first name and last initial and shipping location of the reviewer. Reviews must comply with our Terms of Use. Information posted in reviews becomes public information. The use that any third party makes of this information is beyond our control. Please use caution before disclosing any information in a review that you do not want to become public.

b) Information we collect about you

With regard to each of your visits to the Site we automatically collect the following information:

Technical Information. This includes browser type and version (e.g. Internet Explorer, Firefox, Chrome, Safari), operating system (e.g. Windows, Macintosh), IP address, device type, time zone setting and Internet domain (e.g. AOL, Hotmail).

Information about your visit. This includes the pages you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, and any phone number used to call our customer service number.

Location information. Luxify asks mobile users whether they will permit us to collect information about their location. We collect location information only from mobile users who have agreed to provide that information.

We do not treat this information as Personal Information, except where the information can identify you when associated with other Personal Information we hold or where we are required to do so under applicable law.

3. Children’s privacy

Luxify.com is not designed nor intended to be attractive to use by children under the age of 13. Our Terms of Use require that users must be 18 years old or older in order to register on our Site and use our services. If you are under the age of 18, please do not submit any information to us.

4. Luxify.com uses cookies.

The Site uses cookies to distinguish you from other users. This helps us to analyze the use of the Site to customize and improve the content and the layout of the Site. For detailed information on the cookies we use and the purposes for which we use them, see our Cookie Policy https://help.luxify.com/s/article/Cookie-Policy/.

5. How does Luxify.com use your Personal Information?

We use your Personal Information according to the terms of the Privacy Policy and User Agreement in effect at the time of our use. We will process your Personal Information where (1) you have provided your consent which can be withdrawn at any time, (2) where the processing is necessary for the performance of a contract to which you are a party (for example, we will share your Personal Information with sellers with whom you have entered into a transaction), (3) where we are required by law, (4) where processing is required to protect your vital interests or those of another person, or (5) where the processing is necessary for the purposes of our legitimate commercial interests, except where such interest are overridden by your rights and interests.

a) We may use the Personal Information you give us for our legitimate commercial interests including, among other things:

• to respond to your inquiries and to provide you with the information, products and services that you request from us;
• to provide information on the products or services of our registered sellers with whom you are placed in touch with in connection with a prospective purchase;
• to verify that you qualify as a member of the Site;
• to send you communications about (1) our own products and services, (2) products and services offered by sellers or advertisers on our Site and (3) products and services of third parties (those not offered by sellers on our Site) that we think you may find of interest, provided you have given your consent;
• where the processing is required in order to enforce or apply our User Agreement and other agreements you have entered into; and
• to contact you as necessary.

b) We may use the Personal Information we collect in either an identifiable or an anonymized form (independent of any personal identifiers):

• to administer the Site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
• to improve the Site and to customize the content you see on the Site;
• as part of our efforts to keep the Site safe and secure;
• to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you; and
• to do internal research on our Site visitors’ interests and behaviors to better understand and serve our members.

We use email as the primary form of communicating transactional and relationship information with registered sellers and registered Site users. We may send mobile users notifications through the application but only if the user has agreed to receive notifications from us in their preferences. Preferences can be changed via Settings at any time. We may also use your street addresses and telephone numbers to provide these communications.

When users of the Site wish to negotiate a sale with sellers or make a purchase from a seller they do so by contacting the seller using a telephone number displayed on the Site which is operated by Us. When a user connects with a seller by telephone that call may be recorded by us to log transactions and for training and quality purposes. We may use a carefully selected third party to carry out such call recording and transcription services on our behalf. If a user or seller does not agree to this when notified of this fact by us at the beginning of a call, the call should be terminated. No call recordings are shared with third parties other than as described in this Privacy Policy, and we take steps to eliminate Personal Information from the call recording.

6. With whom does Luxify.com share your Personal Information?

Luxify.com does not sell, share, trade or give away Personal Information other than as described in this Privacy Policy.

We reveal your Personal Information to unaffiliated third parties when you request or authorize it, or to help complete a transaction for you which you have requested.

Where you use our Site to enter into a transaction or correspond with another individual or business registered as a seller on our Site, we provide your Personal Information to that other party in order to facilitate the transaction or the correspondence you have requested. Once your offer is submitted, your Personal Information will be delivered by Luxify.com to that seller, and your order will be placed.

When an Australian user contacts a seller, Luxify may share your search terms, or items you have viewed, saved, or purchased with that seller. You can disable sharing this information with sellers by updating the profile preferences in your account.

Third parties who will have access to your Personal Information include (without limitation) sellers selling items on the Site that you have contacted or made a purchase from, shipping companies selected by you or the dealer, and payment processors completing a transaction at your request.

Sellers from whom you purchase items may use your Personal Information for their own purposes including marketing purposes. Sellers will have their own privacy practices regarding the information they receive. We encourage you to read such applicable privacy policies. We are not responsible for the processing of your Personal Information by such third parties.

We may share your Personal Information with other companies or agents affiliated to Luxify.com who have been carefully selected and who perform functions on our behalf (e.g., analyzing data, providing marketing assistance, providing customer service, processing orders, etc.).

We will only transfer your Personal Information to trusted third parties who provide sufficient guarantees in respect of the technical and organizational security measures governing the processing to be carried out and who can demonstrate a commitment to compliance with those measures.

Where third parties are processing Personal Information on our behalf, they will be required to agree, by contractual means or otherwise, to process the Personal Information in accordance with the applicable law. This contract will stipulate, amongst other things, that the third party and its representative shall act only on our instructions, or as permitted by law.

These companies may use your information for their own purposes including marketing to you where you have consented to receive notifications relating to their products and services. We may also disclose your Personal Information to comply with the law, applicable regulations, governmental and quasi-governmental requests, court orders or subpoenas, to enforce our User Agreement or other agreements, or to protect our rights, property or safety or the rights, property or safety of our users or others (e.g., to a consumer reporting agency for fraud protection etc.).

In the event of a corporate transaction, such as the purchase, sale or other transfer of all or part of our services or assets, we may transfer your Personal Information along with those assets or services to a prospective transferee.

7. International transfers

The Personal Information we receive may be held on our computers and systems in the European Union and in the computers and systems of our offices and data centers in Australia and may be accessed by or given to our staff working outside the European Union.

Your Personal Information may be processed by us in Australia, where laws regarding data protection may be less stringent than the laws in your country. By using this Site and by providing any Personal Information to the Site, all users, including without limitation users in Canada and the European Union, fully understand and unambiguously consent to the collection and processing of such Personal Information in Australia.

In addition, sellers registered on the Site are located around the world. Due to the nature of our business and to enable us to offer goods and services worldwide, your Personal Information may be transferred to and held by merchants or sellers in any country in the world. By using this Site and by providing any Personal Information to the Site, all users, including without limitation users in Canada and the European Union, fully understand and unambiguously consent to the collection and processing of such Personal Information by such third parties.

8. How you can access and amend your Personal Information.

You are required to provide us with accurate and up to date Personal Information. Luxify.com gives you the ability to amend your Personal Information at any time by accessing your account on our Site (by clicking on the “account details” link on the website homepage or the Account icon on the mobile application), modifying the Personal Information on your account page, acknowledging our User Agreement by clicking on the box at the bottom of the page and then clicking on submit.

If you do not want to share search terms, or items you have viewed, saved, or purchased history with sellers you contact, you can update your profile preferences on your account page at any time.

Subject to any legislation which might, from time to time, oblige us to store the Personal Information for a certain period of time, we will respect your wishes to correct inaccurate Personal Information. Otherwise, we will hold your Personal Information for as long as we believe it will help us to achieve our aims as detailed in this Privacy Policy.

You can ask us whether we are keeping Personal Information about you and you can ask to receive a copy of that Personal Information. Before sending you any Personal Information, we will ask you to provide proof of your identity. If you are not able to provide proof of your identity, we reserve the right to refuse to send you any PersonalInformation. We will respond as quickly as we can to your requests for details of Personal Information we hold about you.

9. Security.

As a registered user of the Site, you are responsible for maintaining the confidentiality of your username and password. Please keep your user ID and password confidential.

If you share your computer, we recommend that you log-out and close your browser window after visiting the Site in order to protect the confidentiality of your Personal Information, including your credit card information, your offer status and buying history.

You agree to accept responsibility for all activities that occur under your account or password. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We reserve the right to refuse service, terminate accounts, or remove or edit content at our sole discretion.

We use reasonable physical, electronic, and administrative safeguards to help us protect the security, integrity and confidentiality of data stored on our system. The Site encrypts your credit card number and other Personal Information using secure socket layer (SSL) technology to provide for the secure transmission of the Personal Information from your PC to our servers.

Except as specified in this Privacy Policy, we use commercially reasonable efforts to limit access to your Personal Information to the employees, officers, third-party contractors, and strategic partners of Luxify.com who need the Personal Information in order to perform their duties.

SSL is an industry-standard protocol for encryption over the Internet. While no system is 100% secure, we believe that the measures we have implemented minimize the risk of a security breach to an appropriate level given the types of Personal Information involved. Please note that any Personal Information you provide us by email is unencrypted.

Please note that transmission of Personal Information via the internet is not completely secure and although we will endeavor to protect your information, we cannot guarantee the security of your information transmitted to our Site; any transmission is therefore at your own risk. Once we have received your information, we will use procedures and security features to try to prevent unauthorized access, however.

10. Opt- out

If you do not wish to receive offers or other notices from us in the future, you can “opt-out” by changing your preferences in My Account or by contacting us at the address indicated at the end of this policy. We will try to complete your request as promptly as possible. You can elect not to receive emails from us either by “unsubscribing” to an email you receive or by contacting us as indicated below. Any changes will affect only future uses of your information.

11. Your California privacy rights

For California Residents Only. We may disclose your Personal Information to our affiliates or registered sellers when the third party receives Personal Information solely as a consequence of a single transaction where, as a part of the transaction, Personal Information had to be disclosed in order to effectuate the transaction.

12. Your European privacy rights

For individuals within the EEA only. Under the GDPR, in certain circumstances, you have the right to: (a) request access to any Personal Information we hold about you and related information, (b) obtain without undue delay the rectification of any inaccurate Personal Information, (c) request that your Personal Information is deleted provided the Personal Information is not required by Luxify.com for compliance with a legal obligation under European or Member State law or for the establishment, exercise or defense of a legal claim, (d) prevent or restrict processing of your Personal Information, except to the extent processing is required for the establishment, exercise or defense of legal claims; and (e) request transfer of your Personal Information directly to a third party where this is technically feasible.

In addition, where you believe that Luxify has not complied with its obligation under this Privacy Policy or European law, you have the right to make a complaint to an EU Data Protection Authority, such as the UK Information Commissioner’s Office.

13. Links to third-party sites

When you use the Site or our service, you may be directed to other websites that are beyond our control. These may include merchant sites where you select items for purchase or payment sites where you pay for your purchases.

We may also allow third party sites or applications to link to the Site. We are not responsible for the privacy practices of any third parties or the content of linked sites, but we do encourage you to read the applicable privacy policies and terms and conditions of such parties or websites.

This Privacy Policy only applies to our Sites.

14. Contacting us

The Site is owned and operated by Luxify Pty Ltd. If you have any questions or suggestions with res

pect to this Privacy Policy or if you wish to ask us to correct or show you your Personal Information as provided above, you can write to us at Privacy Policy, 4 Hickson Rd Dawes Point 2000 NSW, Sydney, Australia or you can simply click on Contact Us to send us an email to privacypolicy@luxify.com.