Privacy Policy

Please review our Privacy Policy which, along with the Terms of Service, constitutes the Agreement between “You” (or “Customer”) and offmarket.so (also referred to as “Company” or “We”). Both parties to this Agreement are jointly referred to as “Parties”. This Privacy Policy describes how offmarket.so processes, collects, and uses the personal information (including Personal Data) You provide via offmarket.so Website, as well as the Service the Company provides.

By using or accessing our Website and/or Service You accept the practices described in our Privacy Policy and agree that We will process, collect, use, and share Your information (including Personal Data) in the way described herein. All capitalized terms used but not defined herein shall have the respective meanings given to them in the Terms of Service.

All definitions, such as “Personal Data”, “processing”, “Data Controller”, “Data Processor”, used in this Privacy Policy shall have the meaning as set forth by the GDPR.

1. Scope of this policy
This Privacy Policy is effective for all data processed by the Company including the data based on which an individual can be identified (Personal Data). This Privacy Policy applies to Personal Data collected within or outside of the European Economic Area. We reserve the right to revise, modify or update this Privacy Policy at any time. Your continued use of the Website and/or the Service after any such revision, modification, or update constitutes Your acceptance of any such change.

2. Information collected by offmarket.so
a) We may collect personal information that you share with us via Website, chat, email,or any other direct type of communication aimed to place an order or provide anyfurther information regarding our business activity. During such course of the event, offmarket.so may collect:
i. Name and surname,
ii. Contact details as phone number, email address, postal address,
iii. Any other information voluntarily shared by you due to further cooperationbetween the Company and You.
iv. Payment/billing data that are necessary to facilitate payment for the Service between you and us.

b) If you wish to remain anonymous during our Website access, use Incognito mode inYour browser.

c) offmarket.so may also collect a plurality of data types during the course of providing a Service to the Customer (“You”) in accordance with the Terms of Service. Such sets of data may include personal data and depend on the scope requested by You (Customer) as a data controller. In the usual course of the event, such data include name, surname, and email address.
‍
d) offmarket.so shall not process any sensitive data within the meaning of the sensitive data definition provided by the General Data Protection Regulation. You shall not request providing any set of data that either directly or indirectly includes sensitive personal information.

3. Why offmarket.so process personal data - legal grounds for data processing.
a. We process personal information to enter and maintain the contractual relationship with You. offmarket.so Terms of Service and Privacy Policy constitutes the Agreement between parties. We process personal information to provide the contract and further fulfill all contractual obligations towards You.
b. We process personal information during the course of marketing activities to gainpotential Customers. offmarket.so may conduct different types of marketing activities including marketing campaigns, outbound activities, advertising, and newsletters.
c. Delivering the Service requested by Order Form or ordered in any other form agreed by Parties including sets of scraped data and what remains the core activity of offmarket.so.
d. Securing further claims and fulfilling tax and legal obligations.

4. Why is the role of offmarket.so in data processing and what are our obligations?
offmarket.so may act in two roles:
a. offmarket.so as Data Controller: We act as Data Controller while managing your personal information as listed in p. 2(a) of this Policy or while maintaining data in backups or other parts of the infrastructure after the ordered data is released to thecustomer. You have the right to:
i. Receive information about Data Processing;
ii. Access your Personal Data;
iii. Right to correct your Personal Data in case of any error or need to adjust;
iv. Right to remove your Personal Data;
v. Right to restrict your Personal Data Processing;
vi. Right to receive your data back;
vii. Right to Object Data Processing, and
viii. Right to Avoid Automated Decision-Making.

If you wish to execute any of your rights please contact us via team@offmarket.so.


b. offmarket.so as Data Processor: We act as the Data Processor while collecting data on behalf and in accordance with the instruction of the Customer. In such circumstances, You act as Data Controller. By instruction, the Parties shall understand Order Form or any other written or spoken definition of the set of data provided by offmarket.so to You. While acting as a data processor, offmarket.so may reasonably assist the Customer with Data Subject Rights as required by Data Protection Laws to the extent offmarket.so is legally permitted and obliged to do soand further is technically capable to do it and has reasonable access to the relevant Customer Data. We shall without undue delay after the discovery of a Personal Data Breach affecting the data where the Customer acts as Data Controller, (i) notify the Customer via email of the Personal Data Breach and will provide to the Customer reasonable assistance and sufficient information to issue any notification to a Supervisory Authority or any communication to affected Data Subject and (ii) take reasonable steps to minimize harm and secure Personal Data and to improve data protection process internally, if applicable.

5. Children’s Personal Data and special categories of Personal Data processing.
We are compliant with the GDPR and We do not knowingly process (and Customer shall not submit the request for such data) any Personal Data from anyone under 18 years of age. Our Website and Service are dedicated to users who are at least 18 years old. offmarket.so also does not knowingly collect (and Customer shall not submit for such data) any special categories of Personal Data (as defined under the GDPR).

6. Cookie policy statement and tracking services.
offmarket.so and its third-party partners, such as advertising and analytics processors, use various technologies to collect information, such as cookies and web beacons. Some information about You, including Personal Data can be collected via browser cookies and processed by us or by third-party cookie providers. Whenever You interact with our Website, and/or Service, we automatically receive and record information on our server logs from your browser including your IP address, “Cookie” information, and the page you requested. This Privacy Policy does not cover the use of cookies by any third parties. We may use third-party providers to analyze the effectiveness of the Webpage and combine the collected data with other information such as, for example, chat interactions, and the amount of placed Order Forms. Such tracking may include ETag tracking. You can stop the tracking by emptying your browser’s cache after the visit to the website. offmarket.so uses cookies and tracking to provide a better fit of the content and product to your needs. There is no profiling or automated decision-making based on the information collected via cookies or tracking services.

7. Third-party providers for offmarket.so.
To ensure that offmarket.so delivers Service of the highest quality, we work with trusted third parties – Sub-processors. They assist us in operating our Website and providing the Service.The below list of Sub-processors supplements our Privacy Policy and aims to keep full transparency towards our Customers. Please be sure we cooperate only with entities we have verified previously and who we trust. Before we pass any of your Personal Data through an external tool to any third party we make sure the Sub-processor adheres to the principles of the GDPR (or applicable law) and protects the Personal Data in a non-less protective way offmarket.so does.

1. MailerLite Limited, Ground Floor, 71 Lower Baggot Street, Dublin 2, D02 P593, Ireland - email software
2. Webflow, Inc., 398 11th St, 2nd Floor, San Francisco, CA 94103, USA - website builder
3. Stripe Inc., 354 Oyster Point Blvd, South San Francisco, CA 94080, USA - payment processor
4. Google, Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA - web analytics software
5. Crisp, 2 Boulevard de Launay, Nantes, Pays de la Loire 44100, France - livechat software
6. LogRocket, Inc., 87 Summer St, Boston, MA 02110, USA - session recording software
7. DigitalOcean, LLC, 101 6th Ave New York, NY 10013, USA - hosting provider

8. Final Statement
If you have any questions or concerns regarding this Privacy Policy, You may contact us at team@offmarket.so. Our full contact details for the purpose of fulfilling the obligation as Data Controller are as follows:
‍
Gatsby Media LLC
134 N Doheny Drive
Los Angeles, CA 90048
USA

‍