Privacy Policy

In our User Privacy Notice we have compiled all essential information about our handling of your personal data and your corresponding rights for you.

 

1.   Scope and updates of this User Privacy Notice

This User Privacy Notice applies to your use of this website  (including payment services), products and tools (collectively the “Services”), regardless of how you access or use these Services, including access via mobile devices

 

This User Privacy Notice also applies if explicit reference is made to it via a link or in a similar manner, e.g. on websites of partners on which Services from eBay are offered.

We may change this User Privacy Notice at any time by posting the revised User Privacy Notice on this website and indicating the effective date of the revised User Privacy Notice. You will be notified of any material changes to this User Privacy Notice via My Messages in My eBay and/or by email.

 

2. Controller

Which HuGarmin company is responsible for the collection and processing of your personal data in connection with the provision of the Services depends on how you use our Services.

2.1 Use of the Services

The following HuGarmin company is responsible for the collection and processing of your personal data in connection with the provision of our Services (except payment services for sellers, see below under Use of the payment services for sellers), depending on the region in which you are located:

2.2 Use of the payment services for sellers

The following HuGarmin company is responsible for the collection and processing of your personal data in connection with the provision of our payment services to sellers, depending on which region you are located in and whether we provide our payment services there:

 

3.  Data protection officer and contact

In those countries where we are required to do so by law, we have appointed data protection officers to oversee the protection of your personal data. If you have any questions about this User Privacy Notice or about data protection at HuGarmin in general, you can contact the data protection officer responsible for your country at any time. You will find the contact details of your data protection officer in the list of our data protection officers in our HuGarmin Privacy Center.

 

Furthermore, if you have any questions or complaints regarding this User Privacy Notice, our global privacy standards (see section 6.1 Data transfers to HuGarmin  corporate family members under section 6. International data transfers below) or our handling of personal data, you can also contact the HuGarmin Privacy Team or the controller who is responsible for the processing of your personal data at any time (for further information, see Controller above). This applies regardless of whether we have appointed a data protection officer in your country or not. You can find all necessary information and contact details including a contact form in our HuGarmin Privacy Center.

 

4.  What personal data we collect and process

 

We collect your personal data when you use our Services, create a new HuGarmin account, provide us with information via a web form, add or update information in your HuGarmin account,  otherwise interact with us. We also collect personal data from other sources (such as other HuGarmin Inc. corporate family members or credit agencies or bureaus).

 

In total, we collect the following personal data:

4.1 Personal data you provide when using our Services or creating an HuGarmin account

  • Data that identifies you, such as your name, address, telephone numbers or email addresses, your user name, or your VAT identification number that you provide when setting up your Hugarmin account or at a later date.
  • Shipping, billing, and other information you provide in connection with the purchase or shipping of an item, as well as information required for customs clearance (such as tax identification numbers or other identification numbers) and relevant shipping information (such as shipment numbers and tracking information) if shipped through one of our programs.
  • In some cases: age, gender, country of birth, nationality, employment status, family status, interests and preferences.
  • You may provide us with additional information through a web form or by updating or adding information to your HuGarmin account, by inquiries, dispute resolution, customer service calls recorded with your consent, or if you contact us for any other reason regarding our Services.
  • Other data that we are required or entitled by applicable law to collect and process and that we need for your authentication or identification, or for the verification of the data we collect.

4.2 Personal data we collect automatically when you use our Services or create an HuGarmin account

  • Data that is generated through your other actions when you use our Services and which is linked to your HuGarmin account, e.g. when you place items in your shopping cart, place items on the watch list, save sellers, searches or interests, or follow users.
  • Data regarding all other interactions with our Services, your advertising preferences, and your communications with us.
  • Location data, including the location data of your mobile device. Please note that for most mobile devices, you can manage or disable the use of location services for all applications in the settings menu of your mobile device.
  • Computer and connection information, such as statistics regarding your use of services from HuGarmin, information on data traffic to and from websites, referral URL, information on advertisements, your IP address, your access times, your browser history data, your language settings and your weblog information.

4.3 Personal data we collect in connection with the use of cookies and similar technologies

We use cookies, web beacons and similar technologies to collect data while you use our Services. We collect this data from the devices (including mobile devices) that you use our Services with. The data collected includes the following usage- and device-related information:

  • Data about the pages you visit, the access time, frequency and duration of visits, the links on which you click and other actions you take as part of your use of our Services and in advertising and email content.
  • Data about your activities and interactions with our advertising partners including data about the advertisements you were shown, how often they were shown, when and where they were shown, and whether you took any action, such as clicking on an advertisement or making a purchase.
  • Your user segment.
  • Model or device type, operating system and version, browser type and settings, device ID or individual device identifier, advertisement ID, individual device token, and cookie-related data (e.g. cookie ID).
  • The IP address from which your device accesses the Services.
  • Location data, including the location data of your mobile device. Please note that most mobile devices allow you to manage or disable the use of location services for all applications in the settings menu.

For more information about our use of these technologies and your choices, see Cookies & similar technologies.

4.4 Personal data from other sources

We also collect personal data about you from other sources and from third parties to the extent permitted by applicable law. In particular, this includes the following data:

  • Data from public sources (e.g. demographic data)
  • Data from credit agencies or bureaus (e.g. credit reports/checks)
  • Data from data providers (e.g. demographic, interest-based and online advertising related data)

With regard to our payment services for sellers: data from government or other sources concerning any previous convictions of the respective seller, to the extent permitted by applicable law. We combine or connect the personal data we collect from you with data from these other sources. Where personal data is disclosed to us by third parties, we take steps to confirm that the information has been collected with your consent and/or that these third parties are otherwise legally permitted to disclose your personal data to us. We also receive access to personal data about you from other members of the HuGarmin Inc. corporate family.

4.5 Social network data you share with us

  • We allow you to share personal data with social networks, to use social networks to create an HuGarmin account or to link your HuGarmin account to a social network. These social networks may automatically provide us with access to certain personal data they have stored about you (e.g. content you have viewed or enjoyed, information about the advertisements you have been shown or clicked on, etc.). You can determine the personal data that we can access through the privacy settings of each social network.
  • If you give us access to video content pages, your grant of access is your consent that we may, for at least two years, or until you withdraw your consent or are no longer connected to the social network, share with and collect from social networks information regarding your viewing of videos.
  • We may also use plug-ins or other technologies from various social networks. If you click on a link displayed through a social network plug-in, you voluntarily connect to that social network.

 

5.  Purposes and legal basis for data processing and categories of recipients

We process your personal data for various purposes and pursuant to various legal bases. We process your personal data primarily to provide and improve our Services, to provide you with a personalized user experience on this website, to contact you about your HuGarmin account and our Services, to provide customer service, to provide you with personalized advertising and marketing communications, and to detect, prevent, mitigate and investigate fraudulent or illegal activity. We also share your information with third parties for these purposes.

 

Below you will find a summary of the purposes for which we process your personal data, including the categories of recipients to whom we transmit personal data for the purposes stated, sorted by legal basis:

5.1 We process your personal data in order to fulfil our contract with you and to provide you with our Services. This includes the following purposes:

  • Processing of data relating to you or your company for the purpose of entering into a contract with you and executing it.
  • Provision of our Services, including but not limited to enabling and performing transactions with other users (including the transmission of your personal data to other users where necessary to perform the transaction, including in cases of terminated, failed or subsequently voided transactions), providing and enhancing features such as payment processing, ratings and HuGarmin account management, providing other services you may use (as described in connection with such services), and ensuring the functionality of our Services. In connection with the provision of our Services, we will send you notifications relating to the execution of transactions and the use of our Services in accordance with the communication preferences in your HuGarmin account.
  • Enabling the delivery of purchased items by logistics/shipping service providers including notifications in connection with the delivery (such as tracking information), the latter to the extent permitted by applicable law without your consent.
  • Provision of our payment services.
  • Solution of problems with your HuGarmin account, arbitration of disputes, providing other services within the scope of customer service as well as enforcement of fee claims. For these purposes, we may contact you via notification in  email, telephone, SMS, push notification on your mobile device or by mail. If we contact you by telephone, in order to ensure efficiency, we may use automatically dialed calls with tape announcements or automated text messages in accordance with our User Agreement and Payments Services Agreement, to the extent permitted by applicable law.
  • Processing of general location data (such as IP address or postal code) in order to provide you with location-based services (such as radius search and other content that is personalized on the basis of your general location data).
  • Enforcement of our User Agreement, the Payments Services Agreement, this User Privacy Notice and other rules and policies.
  • Publication and promotion of your listings and related content on the websites or in the applications, services and tools of other HuGarmin Inc. corporate family members or cooperating third party operators of websites, applications, services and tools. When we share the content of your listings and any related personal data with third parties, we do so only on the basis of an agreement that limits the use of such personal data by the third party to the purposes necessary to fulfil its contractual obligations to us. Third party providers are contractually obliged to take appropriate security measures with regard to this data. Third party providers are strictly forbidden to pass on personal data contained in your listings to other third parties. In case of data transmissions to HuGarmin Inc. corporate family members, such restrictions result from our Binding Corporate Rules (see section 6.1 Data transfers to HuGarmin Inc. corporate family members under section 6. International data transfers below).

Where necessary, we transmit your personal data to processors and the following recipients for one or several of the purposes described above:

  • Other HuGarmin users
  • HuGarmin Inc. corporate family members
  • External service providers and shipping companies (such as DHL, UPS etc.)
  • Payment service providers including the cashapp, Venmo, Zelle and other group of companies
  • External operators of websites, applications, services and tools

5.2 We process your personal data in order to comply with legal obligations to which we are subject. This includes the following purposes:

  • Participation in proceedings (including judicial proceedings) conducted by public authorities or government agencies, in particular, for the purpose of detecting, investigating and prosecuting illegal acts.
  • Prevention, detection and mitigation of illegal activities (e.g. fraud, money laundering and terrorist financing).
  • Ensuring the information security of our Services.
  • Retention and storage of your personal data to comply with specific legal retention requirements (for more information onHuGarmin’s storage of your data, see Storage duration and erasure).

Where necessary, we transmit your personal data to processors and the following recipients for one or several of the purposes described above:

  • Law enforcement agencies, courts, government agencies or public authorities, intergovernmental or supranational bodies (in connection with our payment services provided in the EU for sellers in particular with regard to compliance with Luxembourg laws concerning FATCA dated July 7, 2015 and concerning the OECD Common Reporting Standard dated December 18, 2015).
  • Third party service providers
  • Third parties who are involved in judicial proceedings, in particular, if they submit a legal order, court order or equivalent legal order to us.
  • Credit agencies bureaus or associations, if required by applicable law (e.g. information on payment delays, payment defaults or other irregularities that may be relevant to your credit report).
  • HuGarmin Inc. corporate family members

5.3 We process your personal data in order to protect your vital interests or the vital interests of another natural person. This includes the following purposes:

  • Prevention, detection, mitigation and investigation of unlawful activities that may result in impairment of your vital interests or the vital interests of another natural person, unless there is a statutory obligation to this effect.

Where necessary, we transmit your personal data to processors and the following recipients for one or several of the purposes described above:

  • Law enforcement agencies, courts, government agencies or public authorities, intergovernmental or supranational bodies
  • Third parties who are involved in judicial proceedings
  • HuGarmin Inc. corporate family members
  • External service providers

5.4 We process your personal data where necessary for the purposes of the legitimate interests pursued by us or by a third party, except where such interests are overridden by your interests or fundamental rights and freedoms. In order to reconcile our legitimate interests with your rights, we have introduced appropriate control mechanisms. On this basis, we process your data for the following purposes:

  • Participation in proceedings (including judicial proceedings) conducted by courts, law enforcement agencies, government agencies or public authorities, intergovernmental or supranational bodies, in particular for the purpose of detecting, investigating and prosecuting illegal acts, unless there is a statutory obligation to this effect, and we may legitimately assume that the disclosure of the data is necessary to avert imminent disadvantages or to report a suspicion of an illegal act. In such cases, we will only disclose what we believe is necessary, such as your name, city, zip code, telephone number, email address, (previous) user names, IP address, fraud complaints, bidding and listing history.
  • Protection of the legitimate interests of third parties in connection with civil law disputes, unless there is a statutory obligation to this effect, if we may legitimately assume that it is necessary to disclose the data to such third parties in order to avert imminent disadvantages.
  • Prevention, detection, mitigation and investigation of fraud, security breaches and other prohibited or unlawful activities, including the assessment of corresponding risks (e.g. through the use of captchas or the telephone number stored in your HuGarmin account for two-factor authentication), unless there is a statutory obligation to this effect.
  • Monitoring and improvement of the information security of our Services, unless there is a statutory obligation to this effect.
  • Performance of identity checks, creditworthiness and other financial standing checks, evaluation of applications and comparison of information for accuracy and verification purposes.
  • Automatic filtering and, where necessary, manual review of messages sent through our messaging tools to prevent fraudulent or suspicious activity or violations of our User Agreement or other rules and policies, including enforcing the prohibition of purchases and sales outside of HuGarmin, as further explained below under Filtering of messages sent via our messaging tools (see section 11. Other important information regarding data protection).
  • Provision of functions for users that make the processing of transactions easier or more convenient (e.g. administration of several delivery addresses).
  • Analysis and improvement of the Services from HuGarmin Inc. corporate family members, e.g. by reviewing information from users about blocked or crashed pages in order to identify and solve problems and to provide you with an improved user experience, including as part of product development.
  • Analysis of telephone conversations with our customer service that we recorded with your consent.
  • Advertisements by mail (according to your communication preferences in your HuGarmin account).
  • To the extent permitted by applicable law without your consent, communications with you via electronic mail (e.g. email) or telephone to offer you vouchers, discounts and special offers, to conduct opinion polls and surveys, and to inform you about our Services (according to your communication preferences in your HuGarmin account). If you do not wish to receive marketing communications from us, you can also unsubscribe by clicking on the link in the email you received. For technical reasons, the implementation may take a few days.
  • Notifications regarding promotions and information about our Services after logging into your account or in My Messages in My HuGarmin (according to your communication preferences in your HuGarmin account).
  • For users outside the European Economic Area (EEA): Personalization, measurement and improvement of our and third party advertisements in our online offerings, the online offerings of other HuGarmin Inc. corporate family members or third parties.
  • Customization of page content to display the items and services you may like based on the actions you take.
  • Evaluation of the quality and success of our email marketing campaigns (e.g. through analysis of opening and click rates).
  • Assessment of the service status (e.g. on the basis of tracking information if sellers use shipping labels from shipping providers via eBay or provide tracking numbers).
  • Offering of partner and bonus programs, co-branding credit cards.
  • Provision of shared content and services (such as registration for services, transaction processing and customer service) with HuGarmin Inc. corporate family members or cooperating payment service providers.
  • Initiation, preparation and execution of a company acquisition, e.g. in the event of a merger with another company or takeover by another company. If such an event occurs, we will require the merged entity to comply with this User Privacy Notice with respect to your personal data. Should your personal data be processed for any purpose not specified in this User Privacy Notice, you will be informed in advance of the processing of your data for this new purpose.
  • Assertion of or defense against legal claims, including those asserted by one HuGarmin user against another HuGarmin user.

Where necessary, we transmit your personal data to processors and the following recipients for one or several of the purposes described above:

  • HuGarmin Inc. corporate family members
  • External service providers
  • Other HuGarmin users
  • Law enforcement agencies, courts, government agencies or public authorities, intergovernmental or supranational bodies
  • Third parties who are involved in judicial proceedings
  • Payment service providers including the PayPal Inc. group of companies
  • Credit agencies or bureaus (e.g. information about payment delays, payment defaults, or other irregularities that may be relevant to your credit report)
  • Other companies in the context of a company acquisition
  • Participants in the HuGarmin VeRO program in the event of an investigation for fraud, intellectual property infringement, product piracy or other unlawful activity, if we, in our sole discretion, deem the investigation of such incident necessary or useful. In such cases, we will disclose the seller’s name, address, city, zip code, country, telephone number, email address and company name to the participant of the HuGarmin VeRO program and bind the participant by a worldwide non-disclosure agreement to treat the data as confidential

Information about your right to object to processing based on our legitimate interests can be found below under Rights as a data subject and, with regard to the use of cookies and similar technologies, below under Cookies & similar technologies.

5.5 With your consent, we process your personal data for the following purposes:

  • For users within the European Economic Area (EEA): Personalization, measurement and improvement of our and third party advertisements in our online offerings, the online offerings of other HuGarmin Inc. corporate family members or third parties
  • Marketing communications by telephone or electronic mail (such as email or SMS), including communications by other HuGarmin Inc. corporate family members or by third parties, unless these communications are permitted without your consent under applicable law
  • Processing of your exact location data to provide location-based services
  • Processing of your personal data on the basis of your consent, which you have given so that we or third parties can enable you to use certain services or make them available to you

You can find information about your right to withdraw your consent below under Rights as a data subject and information with regard to the use of cookies and similar technologies below under Cookies & similar technologies.

Where necessary, we transmit your personal data to processors and the following recipients for one or several of the purposes described above:

  • HuGarmin Inc. corporate family members
  • External service providers
  • Other third parties with whom we partner to offer you specific services (as described at the collection of the respective user consent)
  • Third party financial institutions with whom we partner to offer financial products to you, for them to provide joint content and services (such as, registration, transactions and customer support). These third party financial institution partners will use your personal data to send you marketing communications only if you have requested their services

Without your consent, we will not pass on your personal data to third parties for their marketing or advertising purposes, nor will we sell or otherwise make it available to third parties for a fee.

5.6 Data Sharing between HuGarmin Inc. Corporate Family Members

As set out above under “Personal data from other sources,” we also receive access to personal data about you from other HuGarmin Inc. corporate family members. This enables us, in particular, to provide you, with your consent as legally required, with information about products and services, which we believe might interest you, and improve our products, services, content, and advertising by analyzing your use of the services of other HuGarmin Inc. corporate family members, in particular through the matching of certain data (e.g. cookie IDs). Furthermore, this allows us to better prevent, detect, mitigate and investigate fraud, security breaches and other prohibited or unlawful activities, including the assessment of corresponding risks. We will also grant access to personal data about you to other HuGarmin Inc. corporate family members for the aforementioned purposes. To the extent that other HuGarmin Inc. corporate family members have access to your personal data, they will follow practices that are at least as restrictive as the practices described in this User Privacy Notice.

5.7 Additional information regarding our payment services for sellers

With regard to our payment services for sellers in the EU, we additionally point out that HuGarmin S.à r.l. is subject to professional secrecy, which requires special transparency with regard to the processing and, in particular, the transmission of your personal data. We therefore expressly draw your attention to the fact that HuGarmin S.à r.l. may pass on your personal data to trustworthy third parties and business partners where necessary to provide our payment services for sellers, as described above in this Section 5 of the User Privacy Notice. This includes in particular the following third parties and business partners:

  • Other payment service providers, including financial institutions
  • Companies offering financial products, analyses and scoring (e.g. credit agencies or bureaus)
  • Authorities, agencies and other governmental bodies (e.g. to combat fraud)
  • Auditors and other professional advisors

You can request a complete list of all third party providers and business partners for our payment services for sellers in the EU by contacting us.

5.8 Automated decision-making

We use technologies that are considered automated decision making or profiling. We will not make any automated decisions about you that would significantly affect you unless such a decision is necessary for entering into, or the performance of, a contract with you, we have obtained your consent, or we are required by applicable law to use such technology. You will find information on your right to object to this processing of your data below under Rights as a data subject.