Privacy Policy

For purposes of this Privacy Policy, “Services” means the Services (as defined in our Terms of Service), together with our official social media accounts and any email messages that link to this Privacy Policy. Other capitalized terms used but not defined in this Privacy Policy have the meanings provided in our Terms of Service.

1. Personal Information

You may choose whether to provide Personal Information in connection with your use of the Services. If you choose not to provide the information we request, you may still visit and use parts of the Services, but you will be unable to register as a Buyer or Seller or to access or use some Service features.

1.1. Personal Information We May Collect

“Personal Information” is information that identifies you as an individual, including:

• Name
• Email address
• Telephone number
• Personal information included in communications you send to us
• Date of birth
• Postal or shipping address
• Account log-in credentials, such as your username and password
• Transaction information, such as the Items you bid on, purchase, or sell
• Internet and other electronic network activity information, such as your IP address, your device and browser information (for example, device type, browser type, and log data), and information about your interactions with the Services
• Approximate geolocation derived from your IP address
• Inferences drawn from the above to create a profile reflecting your preferences and characteristics

Payments for Items are made by Buyers directly to Sellers. Each Seller—which may include our affiliated company, Kero Kero Frog Card Station Inc.—acts as the merchant of record for its own sales and processes payments through its own Payment Services Provider (for example, Shopify Payments). Any Personal Information you provide in connection with making a payment is collected by the Seller or the Seller’s Payment Services Provider, not by us, and is governed by the Seller’s own terms and privacy policy, rather than this Privacy Policy. We have no control over, and are not responsible for, the collection, use, and disclosure of your Personal Information by any Seller or its Payment Services Provider.

If you submit any Personal Information relating to other people to us or to our service providers in connection with the Services, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.

1.2. How We May Collect Personal Information

We and our service providers may collect Personal Information in a variety of ways, including:

• Through the Services: We may collect Personal Information through the Services, e.g., when you sign up for updates, register for an account, or bid on an Item.
• From Automated Means: When you use the Services, the Service may collect information automatically.
• From Other Sources: We may receive your Personal Information from other sources, such as public databases; joint marketing partners; social media platforms (e.g., Discord); from people with whom you are connected on social media platforms, as well as from other third parties.

1.3. How We May Use Personal Information

We and our service providers will process Personal Information only to the extent necessary to achieve the purposes of use specified below, except, as more fully set forth below, when we obtain your consent or as otherwise permitted by Law. Our purposes of use of Personal Information include:

• To provide our Services, respond to your inquiries, and fulfill your requests, such as to send you updates and announcements and respond to questions about our Services.
• To send administrative information to you, for example, information regarding the Services and changes to our terms, conditions, and policies.
• To communicate with you regarding your transactions (e.g., to notify you of a Winning Bid), to send you invoices to be paid to Sellers, and to provide you with related customer service.
• To send you marketing communications about our products and services and third-party products and services that we believe may be of interest to you.
• To personalize your experience on the Services, such as by displaying content we believe may be of interest to you based on information we have received and analyzed about you.
• To allow you to participate in sweepstakes, contests, giveaways, and similar promotions, and to administer these activities. Some of these activities may have additional rules, which could contain additional information about how we use and disclose your Personal Information; we recommend that you read these rules carefully.
• To facilitate social sharing functionality such as integrating with social media platforms enabling you to share updates about our Services on your social media profiles.
• To allow you to send messages to another user or to our support team through the Services. By using this functionality, you represent that you are entitled to use and provide us with the other user’s name, email address, social media account ID, or other information you provide.
• For our business purposes, such as data analysis, developing new products, enhancing, improving, securing, or modifying the Services, identifying usage trends, determining the effectiveness of our promotional campaigns, and operating and expanding our business activities.
• To conduct analysis based on aggregated Personal Information, for example, to calculate the percentage of our users who have a certain zip code, where such aggregated Personal Information is no longer identifiable.
• To create Personal Information if we combine information that is not Personal Information with Personal Information (such as combining your name with your country). If we combine non-Personal Information with Personal Information, we will treat the combined information as Personal Information as long as it is combined.
• As we believe to be necessary or appropriate: (a) under applicable Law; (b) to comply with legal process; (c) to respond to requests from public and government authorities; (d) to enforce our Terms of Service, this Privacy Policy and other online policies; (e) to secure and protect our Services or operations or those of any of our affiliates; (f) to protect our rights, privacy, safety, or property, and/or that of our affiliates, you or others; (g) to detect, prevent, or otherwise address fraud or security issues; (h) to conduct audits; and (i) to allow us to pursue available remedies or limit the damages that we may sustain. For example, we may process Personal Information to identify fraudulent, harmful, unauthorized, unethical, or illegal activity, such as use of another individual’s identity, to defend ourselves in litigation or enforce our rights or agreements with others, to complete accounting audits, and to comply with subpoenas and other court orders to process data where we have determined there is a legal requirement for us to do so.

1.4. How We May Disclose Personal Information

Your Personal Information may be disclosed:

• To our third-party service providers who provide services such as website hosting, data analysis, information technology and related infrastructure provision, customer service, email delivery, auditing, and other similar services, subject to appropriate confidentiality obligations.
• To Sellers so they can process and fulfill your winning bids. When you win an auction, we transmit information such as your name, email address, shipping address, and the winning bid amount to the applicable Seller’s e-commerce platform so the Seller can calculate shipping and taxes, collect payment from you, and fulfill your order. Sellers include our affiliated company, Kero Kero Frog Card Station Inc., and may include other Sellers, each of which acts as the merchant of record for its own sales and handles your payment and order through its own systems and payment processor. When we transmit your information to a Seller to fulfill your winning bid, the Seller receives that information as an independent data controller and processes it under its own privacy policy; we make this transfer to help complete the transaction you have requested.
• By you, when you choose to post or share information through the Services or through our official social media accounts. Any information you make publicly available in this way may be seen and used by others.
• To a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings).
• As we believe to be necessary or appropriate: (a) under applicable Law; (b) to comply with legal process; (c) to respond to requests from public and government authorities; (d) to enforce our Terms of Service, this Privacy Policy and other online policies; (e) to secure and protect our Services or operations or those of any of our affiliates; (f) to protect our rights, privacy, safety, or property, and/or that of our affiliates, you or others; (g) to detect, prevent, or otherwise address fraud or security issues; (h) to conduct audits; and (i) to allow us to pursue available remedies or limit the damages that we may sustain.

We do not sell your Personal Information, and we do not share it for cross-context behavioral advertising, as those terms are defined under U.S. state privacy laws, including the CCPA. We use analytics providers, such as Google Analytics, as our service providers under written contracts that limit their use of your information to performing services for us. We do not currently use these or any other technologies for targeted or behavioral advertising or retargeting. Except as described in this Privacy Policy and our Regional Privacy Notice, we do not exchange, transfer, or disclose your Personal Information without your consent.

2. Cookies and Similar Technologies

2.1. Generally

We and our third-party service providers may use cookies and other similar technologies as described below and for the purposes of use set forth above. We use this information to ensure that the Services function properly.

• Using cookies: Cookies are small files stored directly on the device you are using. Cookies allow us to collect information such as browser type, time spent on the Services, pages visited, language preferences, and other anonymous traffic data.
• Using pixel tags and other similar technologies: Pixel tags (also known as web beacons and clear GIFs) are small, non-recognizable pictures downloaded to your computer when a specific website is loaded.
• Third-Party Analytics: We use Google Analytics and Google Tag Manager to help us analyze traffic on the Services, and we use Klaviyo to send and measure our email communications. These providers act as our service providers. For more information on how Google collects and processes information, please visit https://policies.google.com/technologies/partner-sites. You can manage certain aspects of Google’s collection of information from your browser by using the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.
• Approximate Location: We may infer your approximate location, such as your city, region, or country, from your IP address to help us provide, personalize, secure, and analyze the Services.

2.2. Types of Cookies and Similar Technologies We Use

We use the following categories of cookies and similar technologies:

• Strictly Necessary. These are required for the Services to function and cannot be switched off in our systems. They are usually set only in response to actions you take, such as logging in or setting your privacy preferences.
• Functional and Preferences. These enable the Services to remember choices you make and to provide enhanced, more personal features.
• Analytics and Performance. These help us understand how visitors use the Services so that we can measure and improve their performance. We use Google Analytics for this purpose.
• Advertising and Targeting. We do not currently use advertising or targeting cookies.

2.3. Your Cookie Choices

We use a cookie-consent banner for visitors in the European Economic Area and the United Kingdom that lets you accept or decline non-essential cookies. For those visitors, non-essential cookies (including analytics cookies) are set only after you consent. For visitors in the United States and other regions, analytics cookies may load by default. You can change your preferences at any time using Cookie Preferences, and you can also control cookies through your browser settings, although blocking some cookies may affect how the Services function. For information about opting out of Google Analytics, please see the Third-Party Analytics description above.

3. Third-Party Services

This Privacy Policy does not address, and we are not responsible for, the privacy, information, or other practices of any third parties, including any third party operating any site or service to which the Services link. The inclusion of a link on the Services does not imply endorsement of the linked site or service by us or by our affiliates. We are not responsible for the collection, usage, and disclosure policies and practices (including the data security practices) of other organizations, developers, app providers, social media platform providers, operating system providers, wireless service providers, or device manufacturers, including any Personal Information you disclose to other organizations through or in connection with our social media accounts.

4. Security

We seek to use reasonable organizational, technical, and administrative measures to protect Personal Information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be completely secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us in accordance with the “Contacting Us” section below.

5. Retention of Your Information

We keep your Personal Information for no longer than necessary for the purposes for which it is processed. The length of time for which we retain information depends on the purposes for which we collected and used it, requirements of applicable Laws, the amount, nature, and sensitivity of the information, the potential risk of harm from unauthorized use or disclosure of the information, the resolution of any pending or threatened disputes, and enforcement of our agreements.

The criteria we use to determine our retention periods include, by category: account and identifier information (such as your name, contact details, and log-in credentials) is retained for the life of your account and for a reasonable period afterward to meet our legal, tax, accounting, audit, and dispute-resolution needs; transaction and bid records are retained as needed to satisfy our tax, accounting, and recordkeeping obligations; marketing-related information is retained until you opt out and for a reasonable period thereafter; and analytics and technical log data is retained for a limited period consistent with the analytics purposes described in this Privacy Policy.

When we no longer require the Personal Information, we will either delete or deidentify it or, if this is not possible, securely store it in accordance with this Privacy Policy and cease use of the Personal Information until deletion is possible. If we deidentify your Personal Information (so that it can no longer be associated with you), we may retain this information for longer periods.

6. Choices and Access

6.1. Your Choices Regarding Our Use and Disclosure of Your Personal Information

We give you certain choices regarding our use and disclosure of your Personal Information for marketing purposes. You may opt out of:

• Receiving electronic communications from us: If you no longer want to receive marketing-related emails from us on a going-forward basis, you may opt out of receiving these marketing-related emails by clicking on an unsubscribe link at the bottom of an email that you receive from us. Additionally, you may send a request specifying your communications preferences to privacy@numapit.co. You cannot opt out of receiving transactional emails related to your account with us or our Services, e.g., emails necessary to confirm your transaction or emails with important matters related to agreements you have with us (for example, agreements to make a purchase or use a Service). Please note that even if you opt out of receiving the foregoing emails, we may still respond to your requests and send you administrative, maintenance, and operational emails (for example, in connection with a password reset request).
• Receiving text messages or phone calls from us: Except as we describe in this Privacy Policy, our Terms of Service, or our other terms and conditions, we will not typically communicate with you by text message or phone call unless you provide us with your phone number and we need to contact you for transactional purposes.

We will try to comply with your request(s) as soon as reasonably practicable and otherwise in compliance with applicable Laws.

6.2. Your Other Personal Information Rights

You may view or change certain of the Personal Information we collect by logging into your account and visiting your profile page. Depending on your location, you may have other rights related to your Personal Information, and if that is the case, you may contact us as provided in the “Contacting Us” section below.

In your request, please make the nature of your request clear and what Personal Information is within the scope of your request. For your protection, we may only implement requests with respect to the Personal Information associated with the email address that you use to send us your request, and we may need to verify your identity before implementing your request. If we need to verify your identity, we will inform you of the information we need to verify your identity. Any such information collected for this purpose will only be used to verify your identity and complete your request. We may not be able to return information you provide in connection with a request, but we will destroy the information in compliance with applicable Laws. We will try to comply with your request as soon as reasonably practicable and otherwise in compliance with applicable Laws.

We may need to retain certain information as required by Law, for recordkeeping purposes, or to facilitate transactions that you began before requesting such change or deletion (e.g., when you make a payment to a Seller, you may not be able to change or delete the Personal Information provided until after the completion of such payment). There may also be residual information that will remain within our databases and other records, which will not be removed. We may not be able to fulfill your request due to certain exceptions in applicable Law or due to legal obligations, and if we are not able to fulfill your request, we will notify you.

Depending on where you live, you may have a right to lodge a complaint with a regulatory authority if you believe we have violated your rights in your Personal Information. But we encourage you to contact us first at privacy@numapit.co to give us an opportunity to address your concerns.

7. How We Respond to Do Not Track Signals

Some web browsers allow you to enable a “do not track” (DNT) feature. Because there is no uniform, industry-accepted standard for how DNT signals should be interpreted, we do not respond to them. This does not affect opt-out preference signals, such as the Global Privacy Control, which we honor where required by applicable Law, as described in our Regional Privacy Notice. Please also see above for your choices regarding any tracking we or our third-party providers may conduct.

8. Use of Services by Minors

PLEASE SEE OUR TERMS OF SERVICE REGARDING THE USE OF THE SERVICES BY INDIVIDUALS UNDER THE AGE OF 18. The Services are not directed to individuals under the age of 18, and we ask these individuals to refrain from providing Personal Information through the Services. We do not knowingly solicit Personal Information from individuals under the age of 18 or send them requests for Personal Information. If you believe we have collected Personal Information from an individual under the age of 18 without the consent of their parent or legal guardian, please let us know immediately by contacting us as indicated in this Privacy Policy and providing sufficient information so we can act appropriately.

9. Cross-Border Transfer

Your Personal Information may be stored and processed in the United States and in any other country where we or our service providers maintain facilities. These countries may have data protection rules that differ from those of your country of residence.

10. Individuals Located in Europe, the United Kingdom, and Certain U.S. States

If you are located in the European Economic Area, United Kingdom, or you are a resident of a U.S. state that has enacted a comprehensive consumer privacy Law, please review our Regional Privacy Notice.

11. Updates to This Privacy Policy

We may change this Privacy Policy. Please refer to the “Last Updated” legend at the top of this Privacy Policy to see when it was last revised. Any changes will become effective when we post the revised Privacy Policy on the Services, and we encourage you to review this Privacy Policy periodically.

12. Contacting Us

If you have any questions about this Privacy Policy, please contact us by email at privacy@numapit.co. Email communications are not always secure, so please do not include credit card information, sensitive, or other special categories of information in your emails or letters to us.