6. Information Uses, Sharing, & Disclosure
When you access or use the Services, we collect, use, share, and otherwise process your personal information as 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 Use 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 obligation, a court order, or to exercise or defend legal claims;
- Necessary for the purposes of our or a third party’s legitimate interests, such as those of visitors, members, or partners;
- You have expressly made the information public;
- Necessary in the public interest; and
- Occasionally necessary to protect your vital interests or those of others.
Note that we principally rely on consent (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 Custom Audience and Google Customer Match. We may advertise our Services 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.
Where we process your information on the basis of legitimate interests, we do so as follows:
Providing and Improving our Services: We may use your information to improve and customize our Services, including sharing of your information for such purposes, and we do so as it is necessary to pursue our legitimate interests of improving our Services for our users. This is also necessary to enable us to pursue our legitimate interests in understanding how our Services are being used, and to explore and unlock ways to develop and grow our business. It is also necessary to allow us to pursue our legitimate interests in improving our Services, efficiency, interest in Services for users, and obtaining insights into usage patterns of our Services.
Keeping our Services Safe and Secure: We may also use your information for safety and security purposes, including sharing of your information for such purposes, and we do so because it is necessary to pursue our legitimate interests in ensuring the security of our Services. This includes enhancing protection of our community against spam, harassment, intellectual property infringement, crime, and security risks of all kind.
We respect your privacy. Shunga Gallery will not disclose your name, email address, or other personal information to third parties without your consent, except as specified in this policy.
We use your information to provide and improve the Services and our products, for billing and payments, for identification and authentication, and for general research and aggregate reporting. For example, in accordance with our existing case resolution process, we may use information you provide to resolve disputes with Shunga Gallery or other members. We may learn the sorts of products that you’re interested in from your browsing and purchasing behavior on (and off) the Site or Apps and suggest potential purchases as a result. As a core part of our Services, we have a legitimate interest in customizing 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 products on Shunga Gallery. You may control your privacy settings through the opt-out buttons in your account settings privacy tab. 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’ products 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 or Google, and we may use analytics aggregated from usage information including, for example, search keywords, favorites, browsing history, and purchase history. In addition to consent as noted above, we also rely on our legitimate interest to send you marketing messages and for Shunga Gallery's advertising programs.
Legal and Safety: Shunga Gallery 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 legal claims, including to collect a debt; to comply with a subpoena, court order, legal process, 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 property, or violations of Shunga Gallery's Terms of Use. In these cases, our use of your information may be necessary for the purposes of our or a third party’s legitimate interest in keeping our Services secure, preventing harm or crime, enforcing or defending legal rights, or preventing damage. Such use may also be necessary to comply with a legal obligation, a court order, or to exercise or defend legal claims. It may also be necessary in the public interest (such as to prevent crime) or to protect vital interests (in rare cases where we may need to share information to prevent loss of life or personal injury).
If Shunga Gallery receives a lawful, verified request for a member’s records or information in one of the limited circumstances described in the previous paragraph, Shunga Gallery may disclose personal information, which may include, but may not be limited to, a member’s name, address, phone number, email address, and company name.
Aggregated Information: Shunga Gallery may share demographic information with business partners, but it will be aggregated and de-personalized so that personal information is not revealed.
Service Providers: Shunga Gallery also needs to engage third-party companies and individuals (such as payment processors, 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 Shunga Gallery 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 processing payments and shipments and 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.
Business Reorganization: In some cases, Shunga Gallery may choose to buy or sell assets. Such transactions may be necessary and in our legitimate interests, particularly our interest in making decisions that enable our business to develop over the long term. In these types of transactions (such as a sale, merger, liquidation, receivership, or transfer of all or substantially all of Shunga Gallery’s assets), member information is typically one of the business assets that is transferred. If Shunga Gallery intends to transfer information about you, Shunga Gallery will notify you by email or by putting a prominent notice on the Site and the App, and you will be afforded an opportunity to opt out before information about you becomes subject to a different privacy policy.
Third Parties: Third-party plug-ins also may collect information about your use of the Site. For example, when you load a page on Shunga Gallery that has a social plug-in from a third-party site or service, such as a “Like” or “Send” button, you are also loading content from that third-party site. That site may request cookies directly from your browser. These interactions are subject to the privacy policy of the third-party site. In addition, certain cookies and other similar technologies on the Site are used by third parties for targeted online marketing and other purposes. These technologies allow a partner to recognize your computer or mobile device each time you use the Services. Please be aware that when you use third-party sites or services, their own terms and privacy policies will govern your use of those sites or services. Shunga Gallery chooses and manages these third-party technologies placed on its Sites and Apps. However, these are third-party technologies, and they are subject to that third party's privacy policy.
We can speak only for ourselves; this policy does not apply to the practices of third parties (such as other members who sell using the Services, certain third-party providers on whom we rely to provide certain services, or API users) that Shunga Gallery does not own or control or individuals that Shunga Gallery does not employ or manage. 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 Shunga Gallery requires these third parties to follow Shunga Gallery’s privacy and security requirements, Shunga Gallery does not control the privacy or security policies of such third parties. To the full extent applicable in your jurisdiction, Shunga Gallery 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.
