Privacy Policy

PRIVACY POLICY

This Privacy Policy was last updated on May 29, 2019.

By voluntarily providing us with Personal Data, you are consenting to its collection, use and disclosure in accordance with this Privacy Policy. If you provide Personal Data, you acknowledge and agree that such Personal Data may be transferred from your current location to the offices and servers of Poshmark and the authorized third parties referred to herein located in the United States.

This privacy policy (“Privacy Policy”) describes the privacy practices of Poshmark Inc. and our subsidiaries and affiliates (collectively, "Poshmark", "we", "us" and/or "our") with respect to information, including personally identifiable data ("Personal Data"), that we collect about individuals ("you" and/or "your") in through or our websites www.poshmark.com and www.poshmark.ca, the Poshmark mobile applications, and as a result of providing you with certain other services that we own or control and which posts or links to this Privacy Policy (collectively, the "Services"). Poshmark may provide additional or supplemental privacy policies to individuals for specific products, services, or promotions that we offer at the time we collect personal information. These supplemental privacy policies will govern how we may process the information in the context of the specific product, service, or promotion.

Information We Collect:

When you interact with us through the Services, we may collect the following Personal Data and other information from you, as further described below:

Personal Data That You Provide Through the Services: We collect Personal Data from you when you voluntarily provide such information, such as when you register for or use our Services. This information may include:

  • Contact information, such as your first and last name, email and mailing addresses, and phone number.
  • Profile information, such as your username and password that you may set to establish an online account with us, your photograph, interests, brand preferences, clothing and shoe size.
  • Education information, such as your colleague and year of graduation.
  • Demographic information, such as your postal code, gender, and age.
  • Content you choose to upload to the Services, such as text, images, audio, and video, along with the metadata associated with the files you upload.
  • Transaction information, such as information about payments to and from you and other details of products or services you have purchased through the Services.
  • Payment information, such as financial account numbers, payment card information, details regarding payments you make through the Services, and your billing address.
  • Usage information, such as information about how you use the Services and interact with us, including information associated with any content you upload to the websites or otherwise submit to us, and information you provide when you use any interactive features of the Services.
  • Marketing information, such as your preferences for receiving communications from us, and details about how you engage with our communications.
  • Other information that we may collect which is not specifically listed here, but which we will use in accordance with this Privacy Policy or as otherwise disclosed at the time of collection.

Cookies and Other Information Collected by Automated Means: We, our service providers, and our business partners may automatically log information about you, your computer or mobile device, and activity occurring on or through the Services. The information that may be collected automatically includes your computer or mobile device operating system type and version number, manufacturer and model, device identifier (such as the Google Advertising ID, Apple ID for Advertising, or other identifier that we may generate), browser type, screen resolution, IP address, the website you visited before browsing to our website, general location information such as city, state or geographic area; and information about your use of and actions on the Services, such as pages or screens you viewed, how long you spent on a page or screen, navigation paths between pages or screens, information about your activity on a page or screen, access times, and length of access. Our service providers and business partners may collect this type of information over time and across third-party websites and mobile applications.

On our webpages, this information is collected using cookies, browser web storage (also known as locally stored objects, or “LSOs”), Flash-based LSOs (also known as “Flash cookies”), web beacons, and similar technologies, and our emails may also contain web beacons. In our mobile application, we may collect this information directly or through our use of third-party software development kits (“SDKs”). SDKs may enable third parties to collect information directly through our mobile application.

A “cookie” is a piece of information that the computer that hosts our Services gives to your browser when you access the Services. Our cookies help provide additional functionality to the Services and help us analyze Services usage more accurately. For instance, our Services may set a cookie on your browser that allows you to access the Services without needing to remember and then enter a password more than once during a visit to the Services. Browser web storage or LSOs, are used for similar purposes as cookies. “Web beacons” are small, invisible graphic images that may be used on the Services or in emails relating to the Services to collect certain personally non-identifiable information and monitor user activity on the Services, such as to count visits, understand usage effectiveness and to tell if an email has been opened and acted upon or whether certain content was viewed. A SDK is third-party computer code that we may incorporate into our mobile applications that may be used for a variety of purposes, including to provide us with analytics regarding the use of our mobile applications, to integrate with social media, add features or functionality to our app, or to facilitate online advertising.

We may also use Flash LSO on our website to collect and store information about your use of our website. Unlike cookies, Flash LSOs cannot be removed or rejected via your browser settings. If you do not want Flash LSOs stored on your computer or mobile device, you can adjust the settings of your Flash player to block Flash LSO storage using the tools contained in the Website Storage Settings Panel. You can also control Flash LSOs by going to the Global Storage Settings Panel and following the instructions. Please note that setting the Flash Player to restrict or limit acceptance of Flash LSOs may reduce or impede the functionality of Flash applications that we may use in connection with our website.

On most web browsers, you will find a "help" section on the toolbar. Please refer to this section for information on how to receive notification when you are receiving a new cookie and how to turn cookies off. We recommend that you leave cookies turned on because they allow you to take advantage of some of the Services features.

Information we obtain from Third Party Services:

One of the special features of the Service is that it allows you to enable various online third party services, such as Facebook, Twitter, YouTube, Instagram, Pinterest, Tumblr, and other social media and networking services and, payment service providers etc. (“Third Party Services”), to be directly integrated into your Poshmark experience. To take advantage of this feature, you must establish a connection between your Poshmark account and your account with the relevant Third Party Services. In some cases, you may be able to establish an account with Poshmark using your login credentials with a Third Party Service.

As part of such integration, such Third Party Services may provide us with access to certain information that you have provided to such Third Party Services, and we will use, store and disclose such information in accordance with this Privacy Policy. For example, this information may include your Facebook username, user ID, profile picture, cover photo, and networks to which you belong (e.g., school, workplace). You may also have the opportunity to provide us with additional information via Third Party Services, such as a list of your friends or connections and your email address. You can read more about your privacy choices in the “Third Party Services” portion of the “Your Rights and Choices” section. The manner in which Third Party Services use, store and disclose your information is governed solely by the policies of such third parties, and Poshmark shall have no liability or responsibility for the privacy practices or other actions of any Third Party Service that may be enabled within the Service.

Information we obtain from other third parties: We may receive personal information about you from third-party sources. For example, a business partner may share your contact information with us if you have expressed interest in learning specifically about our products or services, or the types of products or services we offer. We may obtain your personal information from other third parties, such as marketing partners, publicly-available sources and data providers.

Our Use of Your Personal Data and Other Information:

Poshmark uses your Personal Data for the following purposes and as otherwise described in this Privacy Policy or at the time of collection, or otherwise with your consent:

To operate the Services. We use your personal information to:

  • provide, operate and improve the Services
  • provide information about our products and services
  • establish and maintain your user profile on the Services
  • process and fulfill orders, such as by processing payments and facilitating the fulfillment of orders
  • facilitate your to login to the Services via third-party identity and access management providers, such as Facebook and Google
  • enable security features of the Service, such as by sending you security codes via email or SMS, and remembering devices from which you have previously logged in
  • provide social features of the Service, such as by enabling users to establish connections with other users of the Services; enabling users to like, comment on, and share user content; and displaying certain user activity in an activity feed
  • communicate with you about the Services, including by sending you announcements, updates, security alerts, and support and administrative messages
  • communicate with you about events or contests in which you participate
  • understand your needs and interests, and personalize your experience with the Services and our communications
  • provide support and maintenance for the Services
  • to respond to your requests, questions and feedback

For research and development. We analyze use of the Services to analyze and improve the Services and to develop new products and services, including by studying user demographics and use of the Services.

To send you marketing and promotional communications. We may send you Poshmark-related marketing communications as permitted by law. You will have the ability to opt-out of our marketing and promotional communications as described in the “Opt out of marketing communications” section below.

To display advertisements. We work with advertising partners to display online advertisements. These advertisements are delivered by our advertising partners and may be targeted based on your use of the Services or your activity elsewhere online. To learn more about your choices in connection with advertisements, please see the section below titled “Targeted online advertising.”

For compliance, fraud prevention, and safety. We may use your personal information and disclose it to law enforcement, government authorities, and private parties as we believe necessary or appropriate to: (a) comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities; (b) protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims); (c) enforce the terms and conditions that govern the Service; and (d) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity.

With your consent. In some cases we may specifically ask for your consent to collect, use or share your personal information, such as when required by law.

To create anonymous, aggregated or de-identified data. We may create anonymous, aggregated or de-identified data from your personal information and other individuals whose personal information we collect. We make personal information into anonymous, aggregated or de-identified data by removing or omitting information that makes the data personally identifiable to you. We may use this anonymous, aggregated or de-identified data and share it with third parties for our lawful business purposes, including to analyze and improve the Services and promote our business.

Our Disclosure of Your Personal Data and Other Information:

We share your personal information with third parties in the following circumstances or as otherwise described in this Privacy Policy:

  • Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event (or any such potential event), Personal Data may be disclosed as part of the transferred assets.

  • Affiliates: We may also share your Personal Data with our corporate parent, subsidiaries, and affiliates, for purposes consistent with this Privacy Policy.

  • Agents, Service Providers, Consultants and Related Third Parties: Poshmark, like many businesses, sometimes hires other companies or individuals to perform certain business-related functions. Examples of such functions include maintaining databases, identity verification, fraud monitoring, processing credit card payments etc. When we employ another person to perform a function of this nature, we only provide them with the information that they need to perform their specific function (for example, providing our credit card payment provider with your credit card information).

  • Third Party Services. If you have enabled features or functionality that connect the Services to a third-party platform or social media network (such as by logging in to the Services using Third Party Services, or otherwise linking your account with the Services to certain Third Party Services, we may disclose the personal information that you authorized us to share. We do not control the third party’s use of your personal information.

  • Sellers. When you make a purchase from a user of the Services, we will disclose Personal Data, such as your username and the shipping address you provide, to that user to enable the fulfillment of your order.

  • Other Users of the Service and the Public. We may provide functionality that enables you to disclose personal information to other users of the Services or the public. For instance, you may be able to maintain a user profile with information about yourself that you can make available to other users or the public. You may also be able to submit content to the Services (such as comments, blogs, and photos), and we will display your username, and a link to your user profile along with the content you submit. If you include any Personal Data or other information in a product listing or any other content that you upload to the Services, we have the right to publish that listing and other content (including without limitation any Personal Data or other information including in the listing) in connection with the operation of the Service or any other products or services of Poshmark, or the promotion, advertising or marketing thereof (including publishing that listing and other content on the Internet or on Third Party Services such as Facebook, sharing it with blogs, etc.). Users have the ability as part of the Services to share your listings with others. We do not control how other users or third parties use any Personal Data that you make available to other users or the public.

  • Professional Advisors: We may disclose your Personal Data with our financial, insurance, legal, accounting or other advisors that provide professional services to us, in connection with the professional services that they provide to us.

  • Legal Requirements: Poshmark may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of Poshmark or others, including by making and defending legal claims, (iii) act in urgent circumstances to protect the personal safety of users of the Services or the public, or (iv) protect, investigate, and deter against fraudulent, harmful, unauthorized, unethical, or illegal activity.

  • With Your Consent: We may share your Personal Data if we have your consent.

Your Rights and Choices:

  • Access or Update Your Information: If you have registered for an account with us, you may review and update certain Personal Data in your account profile by logging into the account.

    Applicable law in some countries may provide a right for you to request access to your personal information in the possession and control of Poshmark. To do so, please contact us using the contact information provided in the “Contacting Poshmark” section below. The written request must provide sufficient detail to allow Poshmark to identify the personal information being sought. Unless exempted by law, Poshmark will provide you with access to your personal information within Poshmark’s possession and control. Poshmark may request specific information from you to enable it to confirm your identity and right to access, as well as to search for and provide you with the personal information that Poshmark holds about you. Poshmark may charge you a fee to access your personal information: however it will advise you of any fee in advance. ln some cases, Poshmark may not be able to provide access to your personal information. There are instances where applicable law or regulatory requirements allow or require Poshmark to refuse to provide some or all of the personal information that it holds about you. Additionally, your personal information may have been destroyed, erased or made anonymous in accordance with Poshmark's record retention obligations and practices. In the event Poshmark cannot provide you with access to your personal information, it will advise you of the reasons why the personal information cannot he provided and will provide the name, title and contact information of the individual who can discuss the reasons for the refusal. In some circumstances Poshmark may not agree with your request to change your personal information and will instead append an alternate text to the record in question. We will advise you when this occurs.

  • Withdraw Consent: You may withdraw consent you have provided to us by contacting us via the contact information provided in the “Contacting Poshmark” section below. By withdrawing your consent, you acknowledge that you may not be able to use certain Services or access certain information.

  • Opt out of marketing communications: You may opt out of marketing-related emails by following the opt-out or unsubscribe instructions at the bottom of the email. You may continue to receive service-related and other non-marketing emails.

  • Cookies & Browser Web Storage. We may allow service providers and other third parties to use cookies and similar technologies to track your browsing activity over time and across the Services and third party websites. Most browsers let you remove or reject cookies. Browser settings may allow you to clear your browser web storage. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. Please note that if you set your browser to disable cookies, our website may not work properly.

  • Delete Your Account: You may request that we delete your account, and any information associated with your account, but please note that we may be required (by law or otherwise) to retain this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements).

  • Targeted online advertising. Some of the business partners that collect information about users’ activities on or through the Services may be members of organizations or programs that provide choices to individuals regarding the use of their browsing behavior or mobile application usage for purposes of targeted advertising.

    Users may opt out of receiving targeted advertising on websites through members of the Network Advertising Initiative by clicking here or the Digital Advertising Alliance by clicking here. Canadian users may opt out of receiving targeted advertising on websites through members of the Digital Advertising Alliance of Canada by clicking here. Users of our mobile application may opt out of receiving targeted advertising in mobile apps through participating members of the Digital Advertising Alliance by installing the AppChoices mobile app, available  here, and selecting the user’s choices. Please note that we also may work with companies that offer their own opt-out mechanisms and may not participate in the opt-out mechanisms that we linked above.

    In addition, your mobile device settings may provide functionality to limit our, or our partners’, ability to engage in ad tracking or targeted advertising using the Google Advertising ID or Apple ID for Advertising associated with your mobile device.

    If you choose to opt-out of targeted advertisements, you will still see advertisements online but they may not be relevant to you. Even if you do choose to opt out, not all companies that serve online behavioral advertising are included in this list, so you may still receive some cookies and tailored advertisements from companies that are not listed.

  • Do Not Track Signals: Our Service currently does not respond to "Do Not Track" (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.

  • Third Party Services: If you choose to connect to the Services via a third-party platform or social media network, you may have the ability to limit the information that we may obtain from the third-party when you first connect to the Services using the third-party’s authentication service or otherwise connect your account. Subsequently, you may be able to control your settings through the third-party’s platform or service. For example, you may access and change your settings through the Facebook settings page for Apps and Websites. If you withdraw our ability to access certain information from a third-party platform or social media network, that choice will not apply to information that we have already received from that third-party.

International Data Transfers:

We are headquartered in the United States and have service providers in other countries, and your personal information may be transferred to the United States or other locations outside of your state, province, or country where privacy laws may not be as protective as those in your state, province, or country. We may be required to disclose Personal Data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

Children:

Poshmark does not knowingly collect Personal Data from children under the age of 13. If you are under the age of 13, please do not submit any Personal Data through the Services. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us. We will delete such information from our files as soon as reasonably practicable. We encourage parents with concerns to contact us.

Other Websites, Mobile Applications, and Services:

This Privacy Policy applies only to the Services. The Services may contain links to other websites, mobile applications, and other online services operated by third parties. These links are not an endorsement of, or representation that we are affiliated with, any third party. In addition, our content may be included on web pages or in mobile applications or online services that are not associated with us. We do not control third party websites, mobile applications or online services, and we are not responsible for their actions. Other websites and services follow different rules regarding the collection, use and sharing of your personal information. We encourage you to read the privacy policies of the other websites and mobile applications and online services you use.

Data Retention:

We will retain your Personal Data only for a time and to the extent necessary for the purposes for which it was collected as described in this Privacy Policy and for reasonable backup, archival, audit, or other similar purposes.

Security:

Poshmark employs organizational, technical and physical safeguards designed to protect your Personal Data from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet, email or other electronic transmission is ever fully secure or error free, so you should take special care in deciding what information you send to us in this way.

Other Terms and Conditions:

Your access to and use of the Services is subject to the Poshmark Terms of Service located at https://www.poshmark.com/terms and such other terms and conditions agreed upon between you and Poshmark.

Changes to Poshmark's Privacy Policy:

Poshmark reserves the right to update or modify this Privacy Policy at any time and in its sole discretion. When we make a change, we will update the date mentioned above and post the Privacy Policy on or through the Services. We may, and if required by law will, also provide notification of changes in another way that we believe is reasonably likely to reach you, such as via e-mail (if you have an account where we have your contact information) or another manner through the Services.

Any modifications to this Privacy Policy will be effective upon our posting the new terms and/or upon implementation of the new changes on the Services (or as otherwise indicated at the time of posting). In all cases, your continued use of the Services after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.

Contacting Poshmark:

Please direct any questions comments, or complaints about this Privacy Policy or our privacy practices to support@poshmark.com. You may also write to us via postal mail at:

Poshmark, Inc.
Attn: Legal – Privacy
203 Redwood Shores Pkwy, 8th Floor, Redwood City, CA 94065

If you have unresolved concerns or complaints regarding the handling of your Personal Data, you have the right to complain to data protection authorities. The relevant data protection authority will be the data protection authority of the country: (i) of your habitual residence; (ii) of your place of work; or (iii) in which you consider the alleged infringement has occurred.

Your California Privacy Rights:

Under California Civil Code section 1798.83, California residents are entitled to ask us for a notice identifying the categories of personal customer information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to us via email at support@poshmark.com or via postal mail at 203 Redwood Shores Pkwy, 8th Floor, Redwood City, CA 94065. You must put the statement "Your California Privacy Rights" in your request and include your name, street address, city, state, and ZIP code. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.

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