Privacy Policy
PRIVACY POLICY
EFFECTIVE DATE: JULY 28, 2016; UPDATED May 5, 2023.
The Envy Exclusive LLC. ("Envy Exclusivel", "us", "we" or “our”) is committed to respecting and protecting the privacy of our Users. We understand and acknowledge that our Users have a legitimate expectation of privacy, including an expectation that we will protect their identities and personal information from disclosure to third parties, and we are committed to upholding that expectation of privacy with very limited exceptions, as described below. When the term “Users” is used in this Privacy Policy and related documents, it shall mean: (i) visitors and users of our website and our apps as defined below; and (ii) consignors to Envy Exclusive (“Consignors”) who are also subject to additional consignment terms pursuant to our Consignment Agreement (“Users”, “you” or “your”).
As used herein, the “Site” shall mean our website (wwwEnvyExclusive.com) and our apps (Envy Exclusive iOS and Android apps). In the Site, we provide Users with access to sales of consigned luxury items and other related services (the “Service” or “Envy Exclusive Service”).
This Privacy Policy covers personal information collected about our Users and is part of our overall Terms of Service (“TOS”). Included in this Privacy Policy is: (i) our Cookie Policy; (ii) an additional supplementary policy specifically for citizens of the European Union (“EU Privacy Policy”); and (iii) an additional supplementary policy specifically for residents of California (“CCPA Privacy Policy”).
This Privacy Policy describes:
1. the information identifying you that we collect;
2. how we use this information;
3. the legal basis upon which we process it;
4. with whom it is shared; and
5. how it is stored.
This Privacy Policy also describes other important topics relating to your personal information and privacy.
Please review this Privacy Policy to better understand our practices as they apply to your personal information. By using Envy Exclusive or accessing the Site, you confirm that you have read and understood the entirety of this Privacy Policy and agree to be bound by it and the other documents referenced herein.
Our Terms of Service (including Consignment Terms if you are a Consignor) apply to Envy Exclusive Service and this Site. If you do not agree to them, then you should not continue to use Envy Exclusive Service or the Site.
CHANGES TO OUR PRIVACY POLICY
From time to time, we may modify this Privacy Policy in our sole discretion. If we make any updates or changes to this Privacy Policy, all modifications will be posted to this Site, and will be effective immediately upon our posting and, where appropriate, notified to you by post or email. By continuing to use Envy Exclusive Service, or using the Site, after updates are posted and effective you are confirming that you have read and understood the latest version of the Privacy Policy.
WHAT PERSONAL INFORMATION DO WE COLLECT?
Identifiers. We collect personal information of all Users of The RealReal website and our apps, which includes identifiers such as:
1. your name;
2. phone number;
3. postal address;
4. email address;
5. Internet Protocol (IP) address
Internet or other electronic network activity information including:
1. browser type;
2. your Internet Service Provider (ISP);
3. website referring/exit pages;
4. platform type;
5. date/time stamp;
6. other information related to your use of the Site;
7. We may receive some personal information about you from third parties such as public websites and social media platforms.
Commercial and financial information
1. We require you to register for the Site to use Envy Exclusive Service or to act as a Consignor to Envy Exclusive;
2. information about your use of Envy Exclusive Service (including account or transaction related information such as payment information, purchase history, consign history);
3. customer services information; and
4. customer relationship management and marketing information.
Information Received Directly from You
1. Opinion polls, surveys, contests, or sweepstakes. If you participate in our opinion polls, surveys, contests, or sweepstakes, we may collect additional personal information about you in connection with your response or entry.
2. Consignment. Additionally, you may choose to make other personal information available to us in connection with the consignment of an item, when you submit a video or blog for publication on the Site, email us, or invite a friend to join the Site. See the Invitations section below for more information.
3. Government-issued identification. To process certain transactions, we may require certain identification information, for example, driver’s license. We may also collect information that indicates your citizenship status. Please note that some of this information may be considered “sensitive” personal information under some state laws.
Please note that we need certain types of personal information so that we can provide Envy Exclusive to you or so that you can be a Consignor. If you do not provide us with such personal information, or ask us to delete it, you may no longer be able to access our services or provide goods and services to us.
USE OF PERSONAL INFORMATION WE COLLECT
We, or third-party service providers acting on our behalf, collect, use, and store the personal information we collect to:
1. allow you to access and use our Site;
2. communicate with you (see Communicating With You section below);
3. register users;
4. process requests and orders (including membership registration);
5. provide technical support;
6. store information about your preferences;
7. recognize you when you return to our Site;
8. enable you to participate in our opinion polls, surveys, contests, or sweepstakes;
9. administer our Site;
10. ensure the security of our services and our Site;
11. comply with any procedures, laws, and regulations which apply to us – this may include where we reasonably consider it is in our legitimate interests or the legitimate interests of others to comply, as well as where we are legally required to do so (subject to our making all reasonable efforts, consistent with applicable laws and regulations, to protect our Users’ identities and personal information from disclosure to third parties); and
12. establish, exercise, or defend our legal rights – this may include where we reasonably consider it is in our legitimate interests or the legitimate interests of others, as well as where we are legally required to do so.
COMMUNICATING WITH YOU
We will contact you (including by email or mail) with information about our products, services, and offers which either you request, or which we believe you may be interested in (including through newsletters, alerts, and reminders about recurring event sales if it is in our legitimate interests, for business development and marketing purposes, unless you have told us that you don’t want to receive these messages by sending us an email at contact@therealreal.com
From time to time we will send you service-related emails, such as a welcome email when you register for the Site.
If you provide us personal information when you communicate with us (including in person, by phone, or via email) this information may be shared with a Consignor or Customer Relations representative, employee, or expert that is most likely to be able to address your inquiry. This information will be used only for the purpose of responding to your inquiry.
INVITATIONS
When you invite a friend to join our Site, we will automatically send your friend an email invitation on your behalf. We will not use your friend’s email address for any other purpose unless they join our Site or request further information or response from us. Similarly, when you email a message using the Invite a Friend function, we do not store the email addresses that are used to facilitate the email communication.
OPINION POLLS AND SURVEYS
We may share personal information we collect from your responses to opinion polls or surveys with third parties. If we do so, we will provide you with notice and the opportunity to consent.
CONTESTS AND SWEEPSTAKES
If you enter a contest or sweepstakes conducted by Envy Exclusive and/or one of our partners, we may contact you in connection with that particular contest or sweepstakes, including to update you regarding your status, administer the promotion, or let you know that a promotion has ended.
ONLINE TRACKING
Like most websites, we, our service providers, and our third-party partners may collect certain information about your interaction with our Site. This information may be stored in log files. Information stored in log files may include IP addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and other information.
We collect this information using cookies and other similar technologies. We use this information to analyze demographic and other trends, administer the site, track aggregate usage of the Site, and provide you with relevant advertising.
Where we use cookies on our Site, you may block these at any time. To do so, you can activate the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies), you will not be able to access all or parts of our Site or to use all the functionality provided through our Site.
For detailed information on the cookies we use and the purposes for which we use them, please refer to the Cookie Policy section below. By continuing to use our Site and/or our services, you are agreeing to our use of cookies as described in our cookies policy.
Your Privacy Choices, the legal basis on which we use your personal information and right to control our use of your personal information, are described below.
SHARING OF PERSONAL INFORMATION
THIRD PARTIES
We may need to share your personal information with our contractors while operating our business and providing products or services to you. These contractors include vendors and suppliers, including but not limited to payment processors, suppliers of technical and support services, logistics providers, and cloud service providers that provide us with technology, services, and/or content for the operation and maintenance of our Site or Service. We will also share your personal information with companies that assist us in our marketing, advertising and promotional activities, analytics, and search engine providers that assist us in the improvement and optimization of our Site.
Access to your personal information by these contractors is limited to the information reasonably necessary for the contractor to perform its limited function. We require our contractors to keep the personal information they are provided with confidential and to comply with the terms of this Privacy Policy and applicable laws.
We will not rent, sell, or share your personal information with third parties or third-party advertisers for their own marketing purposes without your consent except to provide you with a product or service you request or as described in this Privacy Policy. With your consent, we share personal information identified above in “What Personal Information Do We Collect” with third-party data analytics vendors, marketing and advertising providers, and other business partners.
DISCLOSURES REQUIRED BY LAW OR FOR BUSINESS PURPOSES
We may disclose personal information pursuant to a request from law enforcement, or as otherwise required by law, or, in our sole discretion, to protect our rights, property or interests, including to enforce this Privacy Policy or our Terms of Service. We will make all reasonable efforts, consistent with applicable laws and regulations, to protect our Users’ identities and personal information from disclosure to third parties. If we are legally compelled to disclose your personal information to a third party, we will make reasonable efforts to notify you unless doing so would violate the law or court order.
In our sole discretion, we may also disclose information we collect to a third party when we believe it is reasonably necessary to investigate or prevent harm, fraud, abuse, or illegal conduct, including to enforce or apply our terms and conditions or any other agreement or to respond to any claims, or to protect our rights or the rights of a third party. We will also disclose your personal information to third parties where it is in our legitimate interests to do so to run, grow and develop our business. Information collected from this Site may also be transferred as part of a merger or other combination, or as part of a restructuring, bankruptcy, transfer of assets, or to our successors in interest.
RETENTION OF PERSONAL INFORMATION
We keep your personal information for no longer than necessary for the purposes for which the personal information is processed. The length of time we retain personal information for depends on the purposes for which we collect and use it and/or as required to comply with applicable laws and to establish, exercise or defend our legal rights.
In order to enforce the terms of this Privacy Policy, resolve disputes, or provide information to satisfy applicable governmental laws, regulations, investigations or proceedings, we may need to retain your personal information in our files. We will do so in compliance with applicable law.
YOUR PRIVACY CHOICES AND RIGHTS
UPDATES TO YOUR INFORMATION
You can contact us at any time to update, change or delete personal information Envy Exclusive maintains about you.
CHOICE/OPT-OUT
Users who no longer wish to receive our newsletters, alerts, or promotional communications may opt-out of receiving these communications at any time.
U.S. PRIVACY RIGHTS DEPENDING ON RESIDENCY
You may have the following rights (“Data Subject Rights”) with respect to the personal information that we collect or process about you. These rights differ depending on your state of residency, including Virginia, Colorado, Connecticut, Utah, and Nevada. Please note that we reserve the right to honor your Data Subject Rights as required by applicable law.
If you are a resident of California, please refer to our CCPA Privacy Policy, below. If you are a resident of the European Economic Area or United Kingdom, please refer to our EU Privacy Policy, below.
Right to Confirm Processing, Access, and Obtain a Copy: If you ask us, we will confirm whether we are processing your personal information and, if so, provide you with a copy of all personal information you are lawfully entitled to receive along with certain other details.
Right to Amend: If you believe your Personal Information is inaccurate or incomplete, you are entitled to request that we correct or complete it. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your Personal Information so you can contact them directly.
Right to Delete: You may request that we delete or remove your Personal Information. If we shared your Personal Information with others, we will tell them about the erasure as directed by law.
Right to Opt Out of Certain Processing Activities: You may ask us to restrict or stop the processing of your personal information in certain contexts, such as if we process personal information that is considered “sensitive” under applicable state laws or engage in certain automated decision-making activities.
Right to Opt Out of Targeted Advertising: Targeted advertising is the practice of serving you tailored advertisements based your personal information gathered across other businesses, websites, applications, or services. You have the right to opt out of this practice. For more information about our targeted advertising practices, please refer to “Cookie Policy” below.
Right to Opt Out of Sales: Some states may consider targeted advertising a “sale” of personal information. You may request that we not “sell” your personal information.
Right to Non-discrimination: We will not discriminate against you for exercising these rights, but we may charge a reasonable fee as permitted by law in fulfilling these rights, such as if you request multiple copies of your personal information.
Right to Appeal: If we deny your request to exercise a Data Subject Right, you may have the right to appeal the decision with us. If you would like to appeal a prior decision, please be sure to include information about your prior request so that we may locate and review our earlier determination.
HOW TO EXERCISE YOUR RIGHTS OR CHOICES
You may notify us of your choices or preferences by accessing your “Account Info” on the Site, or by contacting us as set forth in the “How to Contact Us” section below.
If you or your authorized agent wish to exercise any of the above Data Subject Rights, please contact us as set forth in the “How to Contact Us” section below. Before responding to your request to exercise Data Subject Rights, we may require additional information from you to verify your identity or clarify your specific request. We will try to comply with your request as soon as reasonably practicable and in compliance with applicable law. Where appropriate, we will work with third parties to fulfil your request.
ADDITIONAL INFORMATION
THIRD PARTY WEBSITES
This Site contains links to and advertisements for other websites provided by third parties. Please be aware that we do not control these third-party websites or any of the content contained on those websites. Once you have left our Site, we cannot be responsible for the privacy practices of such other websites. We encourage you to exercise caution and to read the privacy policy for the website you visit. The inclusion of hyperlinks to third party websites on our site in no way constitutes an endorsement by us of such websites' content, actions, or policies.
AGGREGATED INFORMATION
We may share aggregated information about you with third parties. Aggregated information is non-personal information about you that is combined with the non-personal information of other users.
ACCESS BY CHILDREN OR MINORS
Our Site is not directed to children under the age of 18, and our Terms of Service prohibit minors from using our Site or Service. We do not knowingly collect any information from children under 18.
SECURITY
We take precautions to protect information that we collect from our Users. We protect the information entrusted to us by taking all reasonable precautions to safeguard the confidentiality of personal information, including through use of appropriate physical, technical, and administrative safeguards and measures. These protections include restricting access to personal information to employees who need the information to perform a specific job, as well as providing employees training on security and privacy practices and hygiene. Technical safeguards and measures include use of encryption, passwords for access to our systems, and use of anti-virus software.
However, in the course of provision of your personal data to us, your personal information may be transferred over the internet. Although we make reasonable efforts to protect the personal information which you provide to us, no information security safeguards can be guaranteed to be completely secure, so you should use caution whenever providing personal information online, electronically or otherwise. Once we have received your personal information, we will use reasonable procedures and security features that are designed to protect your personal information from unauthorized access.
Where we have given you (or where you have chosen) a password which enables you to access your online account, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
HOW TO CONTACT US
If you have any questions or comments about this Privacy Notice, or if you would like us to update information we have about you or your preferences, please contact us by email at envyexclusives@gmail.com
If you are a California resident and if you wish to submit a request to exercise your consumer rights under the CCPA, you may also contact us via email at envyexclusives@gmail.com
You also may write to us at:
Envy Exclusive
Attn: Privacy Team
Legal Department
Miami, FL. 33133
For citizens of the European Union:
As we are not an establishment located in the European Union, we have appointed an EU based representative who can be contacted at the following address: therealreal@mcf.ie; MCF Legal Technology Solutions Limited, McCann FitzGerald, Riverside One, Sir John Rogerson's Quay, Dublin 2, D02 X576.
You may also make a complaint to the data protection authority in the European Union country where you are based. If you are unsure which data protection authority to contact, please contact us. Alternatively, you may seek a remedy through local courts if you believe your rights have been breached.
COOKIE POLICY
EFFECTIVE DATE: AUGUST 29, 2019, UPDATED MARCH 5, 2023.
Our website uses cookies. This policy explains what cookies are, why we use them, and how you can manage their use.
WHAT ARE COOKIES?
Cookies are small text files which are sent to your browser when you visit our website. When you visit our website again, the cookie allows our website to recognize your browser. When you visit our website, cookies may also be sent to your browser by other websites that are used for advertisements on other sites you may visit.
Cookies are useful because they help us make your website experience more enjoyable. They allow us to recognize your device (e.g., your laptop or mobile device) so that we can tailor your experience of our website. You can find out more about cookies at: https://www.epic.org/privacy/internet/cookies/.
WHY DO WE USE COOKIES?
Cookies do many different jobs on this website, such as letting you navigate between pages efficiently, remembering your preferences, remembering your username and password, enabling you to keep goods in your shopping basket, letting us analyze how well our website is performing, and improving your experience. They also help ensure that advertisements you see while you are on other websites are more relevant to you and your interests.
WHAT TYPES OF COOKIES DO WE USE?
We want you to understand the different types of cookies that we use on our website. Some of these cookies are essential to the operation of our website. Others are not essential but help to improve our website by collecting user information or try and improve your experience of our website by remembering your choices.
Generally, our cookies perform up to four different functions:
TYPE 1 – STRICTLY NECESSARY COOKIES – WHICH ENABLE SERVICES YOU HAVE SPECIFICALLY ASKED FOR
We use several cookies which are essential to the operation of this website. For example, these types of cookies let us identify subscribers and ensure they can access the subscription-only areas of this website, enable our website to remember the goods that you add to your shopping cart, provide the necessary security your visit to our website requires, and help ensure the content of the pages you request load quickly. Without these cookies, services that you have asked for cannot be provided.
TYPE 2 – PERFORMANCE COOKIES – WHICH COLLECT ANONYMOUS INFORMATION ABOUT THE WEB PAGES YOU VISIT
These cookies collect information about how visitors use our website, for example, which pages our visitors go to most often, and if they get error messages on those pages. These performance cookies don't collect information that identifies you as an individual – all information they collect is aggregated and anonymous. The information gathered is only used to improve how our website works.
We use Google Analytics on our website to help us analyze how our website is used. You can find out more about this popular website analytics tool here: http://www.google.com/analytics/index.html. Google Analytics uses performance cookies to track visitor interactions. For example, by using cookies Google can tell us which pages our users view, which are most popular, what time of day our website is visited, whether visitors have been to our website before, what website referred the visitor to our website, and other similar information. All this information is anonymized. Google takes the privacy and security of your Google Analytics data seriously and you can find out more about how it protects your data here: http://www.google.com/analytics/learn/privacy.html.
TYPE 3 – FUNCTIONALITY COOKIES – WHICH REMEMBER YOUR CHOICES TO IMPROVE YOUR EXPERIENCE.
These cookies allow our website to remember choices you make, such as, remembering your username, the region you are in, and changes you make to various other parts of our website which you can customize, such as your page. The aim of these cookies is to provide you with a more personal experience so that you don't have to reset your preferences each time you visit us.
TYPE 4 – TARGETING OR ADVERTISING COOKIES WHICH REMEMBER YOUR BROWSING HABITS TO TRY AND DISPLAY RELEVANT ADVERTISING WHEN YOU VISIT OTHER ONLINE SITES.
These cookies track your browsing habits so that we can show you advertising which we hope is relevant to your interests. We believe it is useful to show you advertisements that are tailored to your interests. These advertising cookies use information about your web browsing activity to group you with other users who have similar interests and show you advertisements based upon those interests. For example, these cookies may remember that on our website you viewed pages relating to particular products. Based on that information, with our permission, third party advertisers can place cookies on your browser to enable them to show you those products while you visit other sites.
These types of cookies are also used to limit the number of times you see an advertisement as well as to help measure the effectiveness of advertising campaigns.
WE MAY TRACK WHETHER YOU OPEN EMAILS THAT WE SEND
Our emails may contain a web beacon to track who opens an email, when, and whether that user clicks on any of the links in the email. We may use this information to help us analyze which of our users are interested in particular topics. When you delete the email, the web beacon will be deleted.
HOW TO MANAGE COOKIES ON OUR WEBSITE
Cookies do lots of important jobs on our website and help to make your online experience more personal and more enjoyable.
By using our website, you are deemed to consent to the use of cookies as described in this cookie policy.
However, you can disable all our cookies if you choose. If you do so, you may find that significant parts of our website do not work at all, or do not work correctly.
DISABLING COOKIES
If you would like to disable targeting, advertising, or cookies which remember your browsing habits and try and display relevant advertising when you are online, you can visit http://www.youronlinechoices.com/uk/your-ad-choices. If you choose to turn off these cookies you will still see advertising on the internet, but it may not be tailored to your interests. It does not mean that you won't be served any advertisements while you are online. While many companies involved in using targeting, advertising or cookies and serving online behavioral advertising appear at the above link, not all do. Therefore, even if you choose to turn off cookies used by all the companies listed, you may still receive some targeting, advertising or cookies and some tailored advertisements from other companies.
You can also manage this type of cookie in the privacy settings on the web browser you are using. Please see below for more information.
DISABLING OTHER COOKIES
You can disable and/or delete all types of cookies by using your browser settings. Cookies are generally easy to disable and/or delete but how you do so varies from browser to browser. The "help" function within your browser should tell you how to do it. The best way may be to close your browser and then search for "cookie folder" or "cookie manager" or simply "cookie".
FURTHER INFORMATION
If you have any questions relating to this Cookie Policy, please contact us using the information in the HOW TO CONTACT US section above.
CUSTOMER DATA INFORMATION
EFFECTIVE DATE: DECEMBER 30, 2019
Q: HOW DO I CLEAR MY SEARCH HISTORY?
A: All web browsers remember a list of the web pages you’ve visited. You can delete this list at any time, clearing your browsing history and erasing the tracks stored on your computer, smartphone, or tablet. Each browser has its own separate history, so you will need to clear the history in multiple places if you have used more than one browser. See below for further details on how to delete your browsing history for the most popular browsers.
For Microsoft Internet Explorer/Edge:
1. Choose “Tools” then “Internet Options”
2. Click on the “Privacy” tab
3. Select the appropriate setting
For Google Chrome:
1. Choose Settings then Advanced
2. Under "Privacy and Security" click “Content Settings”
3. Click “Browsing History”
For Safari:
1. Choose Preferences then Privacy
2. Click on “Remove all Website Data”
For Mozilla Firefox:
1. Choose “History” then “Clear Recent History...”
2. Click the appropriate options
3. Click “Clear Now”
For Opera 6.0 and further:
1. Choose “Files” then “Preferences”
2. Privacy
Q: HOW DO I MANAGE MY MARKETING PREFERENCES?
A: Follow the steps below to manage your Envy Exclusive marketing preferences.
1. Log into your account at https://www.envyexclusive.com
2. Click on Account Info, https://www.envyexclusive.com/account
3. Click on “Preferences”
4. From here, you can modify email preferences and opt in or out with SMS alerts
5. Email preference settings include the ability to unsubscribe from all marketing materials
Q: HOW DO I DELETE COOKIES?
A: The effect of disabling cookies depends on which cookies you disable but, in general, our website may not operate properly if cookies are switched off. You will not be prevented from making purchases on the site if you only disable third party cookies. If you disable all cookies, you will be unable to complete a purchase on our site.
If you want to disable cookies on our site, you need to change your website browser settings to reject cookies. How you can do this will depend on the browser you use. See below for further details on how to disable cookies for the most popular browsers.*
For Microsoft Internet Explorer:
1. Choose “Tools” then “Internet Options”
2. Click on the “Privacy” tab
3. Select the appropriate setting
For Google Chrome:
1. Choose “Settings” then “Advanced”
2. Under "Privacy and Security," click “Content Settings”
3. Click “Cookies”
For Safari:
1. Choose “Preferences” then “Privacy”
2. Click on “Remove all Website Data”
For Mozilla Firefox:
1. Choose “History” then “Clear Recent History...”
2. Click the appropriate options
3. Click “Clear Now”
For Opera 6.0 and further:
1. Choose “Files” then “Preferences”
2. Privacy
Where you have not set your permissions, we may also separately prompt you regarding our use of cookies on the site.
Except for essential cookies, all cookies used on our site will expire after twelve (12) months.
*Please note the makers of the browsers listed above may change the standard settings on their products from time to time or modify the procedures from what is displayed above without prior notice.
Q: WHERE CAN I ACCESS MY HISTORY AND PERSONAL INFORMATION?
A: Please visit the Account Info section on The RealReal’s website at https://www.envyexclusive.com/account to view your registered name, email, phone number, purchase and consignment history, and marketing preferences. You may print or save this information for your records. More detailed information may be available through a data subject access request. Data subject access requests and account deletions require authentication in certain jurisdictions. To comply with those obligations, we have built a webform so that we can properly identify you.
EU PRIVACY POLICY
EFFECTIVE DATE: AUGUST 29, 2019
This European Union Privacy Policy (“EU Privacy Policy”) is a supplement to the Privacy Policy and Cookie Policy of The RealReal, Inc. ("The RealReal", "us", "we" or “our”) and applies solely to Users who are citizens of the European Union. When the term “Users” is used in this EU Privacy Policy, it shall apply only to those who are citizens of the European Union and are: (i) consumer(s), visitors and users of our website and our apps; and (ii) consignors to Envy Exclusive (“Consignors”) who are also subject to additional consignment terms pursuant to our Consignment Agreement (“Users”, “you” or “your”).
Defined terms as used herein shall have the same meaning as defined terms in the General Data Protection Regulation (GDPR).
LEGAL BASIS FOR USE OF YOUR PERSONAL INFORMATION
In order to comply with European data privacy laws we are required and have considered the legal basis for using your personal information as set out in this EU Privacy Policy, which are as follows:
1. our use of your personal information is necessary to perform our obligations under any contract with you (for example, to comply with the terms of use of our Site which you accept by browsing our Site and/or to comply with our contract to provide Envy Exclusive Services); or
2. our use of your personal information as is necessary to complying with our legal obligations;
3. where none of the above apply, use of your personal information is necessary for our legitimate interests or the legitimate interests of others (for example, to ensure the security of our Site).
Our legitimate interests are to:
1. run, grow and develop our business;
2. operate our Site;
3. carry out marketing, market research and business development;
4. provide goods and services to our customers and consignors, make and receive payment, provide customer services and to know the identity of the customer that we are providing services to; and
5. place, track and ensure fulfilment of orders with our vendors.
RIGHTS IF YOU ARE A CITIZEN OF THE EUROPEAN UNION
If you are a citizen of the European Union, then you have certain rights in relation to your personal information which are set out below. If you would like further information in relation to these or would like to exercise any of them, please contact us by using the contact information in the HOW TO CONTACT US section at any time. You have the right to request that we:
1. provide access to any personal information we hold about you;
2. update any of your personal information which is out of date or incorrect;
3. delete any personal information which we are holding about you;
4. restrict the way that we process your personal information;
5. stop processing your personal information for direct-marketing purposes;
6. provide your personal information to a third-party provider of services;
7. provide you with a copy of any personal information which we hold about you; or
8. consider any valid objections which you have to our use of your personal information.
We will consider all such requests and provide our response within a reasonable period (and in any event any time period required by applicable law). Please note, however, that certain personal information may be exempt from such requests in certain circumstances. If an exception applies, we will tell you this when responding to your request. We may request you provide us with information necessary to confirm your identity before responding to any request you make.
CCPA PRIVACY POLICY
EFFECTIVE DATE: AUGUST 29, 2019
This California Consumer Privacy Act Privacy Policy (“CCPA Privacy Policy”) is a supplement to the Privacy Policy and Cookie Policy of The RealReal, Inc. ("The RealReal", "us", "we" or “our”) and applies solely to Users who are residents of the State of California (as defined in Section 17014 of Title 18 of the California Code of Regulations). When the term “Users” is used in this CCPA Privacy Policy, it shall apply only to those who are residents of the State of California and are: (i) consumer(s), visitors and users of our website and our apps; and (ii) consignors to The RealReal (“Consignors”) who are also subject to additional consignment terms pursuant to our Consignment Agreement (“Users”, “you” or “your”). If you are a California resident who is a current or past applicant, employee, or contractor, please refer to our CCPA Notice for Applicants, Employees, and Contractors, below.
Defined terms as used herein shall have the same meaning as defined terms in the CCPA.
WHAT PERSONAL INFORMATION DO WE COLLECT?
We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“personal information”). The CCPA sets forth certain categories of information under Cal. Civ. Code § 1798.140(v)(1) and we have listed all of those categories below. For each category, we have provided information as to whether or not we have collected personal information under those categories within the last twelve (12) months:
A. Identifiers
We collect personal information of Users of Envy Exclusivel website and our apps, which fall within the category of Identifiers and which include personal information such as: A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number or other similar identifiers.
B. Personal information categories listed in Cal. Civ. Code § 1798.80(e) (the California Customer Records Statute)
We collect personal information of Users which may include personal information such as: A name, signature, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, bank account number, credit card number, debit card number, or any other financial information. Please note that some personal information included in this category may overlap with other categories listed herein.
C. Characteristics of protected classifications under California or federal law
We collect personal information such as Age (40 years or older) and citizenship within the context of some transactions.
D. Commercial Information
This includes information such as records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. Included in this category is:
1. Information we receive from you when you register for the Site in order to use Envy Exclusive Service or to act as a Consignor to Envy Exclusive
2. Information about Envy Exclusive Service including:
• information about your use of The Envy Exclusive Service (including account related information such as payment information, purchase history, consign history);
• customer services information; and
• customer relationship management and marketing information.
E. Internet or other electronic network activity information including:
1. browser type;
2. your Internet Service Provider (ISP);
3. website referring/exit pages;
4. platform type;
5. date/time stamp;
6. other information related to your use of the Site.
F. Inferences drawn from other personal information
We collect information that may be considered a profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
G. Sensitive personal information
We collect the following information, which is considered sensitive personal information according to the CCPA: your account log-in credentials that you create to access the Site, your Social Security Number, driver’s license number, state identification card number, and passport number. We collect these identification details within the context of some transactions.
The above personal information is collected from the following sources:
1. Information Received Directly from You
2. Internet activity by your use of the Site including online tracking through use of cookies. This includes data analytics providers and advertising networks.
3. Public websites and social media platforms
THE BUSINESS OR COMMERCIAL PURPOSES FOR THE PERSONAL INFORMATION WE COLLECT
We may disclose your personal information to a third party for business or commercial purposes. When we disclose personal information for a business purpose, we enter into a written contract that describes the purpose and requires the recipient to keep that personal information confidential and not use it for any purpose except for providing the services set forth in the contract.
Accordingly, we may use or disclose the following personal information for business or commercial purposes:
1. allow you to access and use our Site;
2. communicate with you (see the Communicating With You section in our Privacy Policy);
3. register users;
4. process requests and orders (including membership registration);
5. provide technical support;
6. store information about your preferences;
7. recognize you when you return to our Site;
8. enable you to participate in our opinion polls, surveys, contests, or sweepstakes;
9. administer our Site;
10. ensure the security of our services and our Site;
11. comply with any procedures, laws, and regulations which apply to us – this may include where we reasonably consider it is in our legitimate interests or the legitimate interests of others to comply, as well as where we are legally required to do so; and
12. establish, exercise, or defend our legal rights – this may include where we reasonably consider it is in our legitimate interests or the legitimate interests of others, as well as where we are legally required to do so.
CATEGORIES OF PERSONAL INFORMATION SHARED FOR BUSINESS OR COMMERCIAL PURPOSES
In the preceding twelve (12) months, we have disclosed the following categories of personal information for business or commercial purposes:
Category A: Identifiers
Category B: California Customer Records personal information categories
Category C: Protected Characteristics Classifications under California or federal law
Category D: Commercial Information
Category E: Internet or other electronic networking activity information
Category F: Inferences drawn from an of the information identified in this subdivision to create a profile about a consumer reflecting the consumer’s preferences, characteristics, predispositions, and behavior
Category G: Sensitive personal information
We disclose your personal information for the business purposes identified above to the following categories of third parties:
Service providers.
Third parties to whom you or your agents authorize us to disclose your personal information in connection with products or services we provide to you.
Because we engage in certain advertising and marketing practices, including cross-context behavioral advertising (also known as online or targeted advertising), we may “sell” or “share” your personal information. Specifically, we may have “sold” or “shared” categories A, D, and/or E with data analytics providers, advertising networks, social networks, or other business partners in the last twelve (12) months for the purposes of online or in-person advertising. We do not have actual knowledge that we “sell” or “share” personal information of consumers under 16 years of age.
YOUR PRIVACY RIGHTS AND CHOICES
If you are consumer as defined in the California Consumer Privacy Act (CCPA), i.e., a resident of California as defined in Section 17014 of Title 18 of the California Code of Regulations, you have certain rights in relation to your personal information under the CCPA. Under the CCPA, you have the following rights:
• Right to Request Information Collected. If we collect personal information about you, you have the right to request that we disclose to you the following upon our receipt of a verifiable consumer request from you:
• The categories of personal information we have collected about you
• The categories of sources from which the personal information about you is collected
• The business or commercial purpose for collecting or selling personal information
• The categories of third parties with whom we share personal information and
• The specific pieces of personal information we have collected about you
• Right to Request Information Collected and Shared for a Business Purpose. If we collect personal information about you that is disclosed for a business purpose, you have the right to request that we disclose to you:
• The categories of personal information that we have collected about you
• The categories of personal information we disclosed about you for a business purpose
• Right Not to Be Discriminated Against. You have the right to not be discriminated against by a business because you exercised any of the consumer's rights under the CCPA, including, but not limited to, by:
• Denying goods or services to you
• Charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties
• Providing a different level or quality of goods or services to you or
• Suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services.
• Right to Request Deletion. You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions.
• Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
• We may deny your deletion request if retaining the information is necessary for us or our service providers to:
• Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
• Debug products to identify and repair errors that impair existing intended functionality.
• Exercise our right to free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
• Comply with a legal obligation.
• Otherwise use your personal information internally in a lawful manner that is compatible with the context in which you provided it.
• Right to Request Access and Data Portability. Upon receipt of a verifiable request from you to access your personal information we shall promptly take steps to disclose and deliver, free of charge to you, the personal information in accordance with Cal. Civil Code §1798.100 (d). The personal information may be delivered by mail or electronically, and if provided electronically, the information shall be in a portable and, to the extent technically feasible, in a readily useable format that allows you to transmit this information to another entity without hindrance. We may provide personal information to you, but we are not required to provide personal information to you more than twice in a 12-month period.
• Right to Request Correction of Inaccurate Information. You have the right to request that we correct inaccurate or incomplete personal information that we maintain about you. Upon receipt of a verifiable request from you to correct your personal information, we shall consider all information that you provide to support your position that certain information is inaccurate or incomplete. We may request additional information if needed to support your request. We may deny your request for a number of reasons, and we must provide you with an explanation of this denial. • Right to Opt Out of the “Sale” or “Sharing” of Personal Information. You may request that we not “sell” or “share” your personal information. If you would like to exercise this right, please follow the instructions provided here: Do Not Sell or Share My Personal Information. Our Site does not recognize “Do Not Track” signals, however, we may recognize certain types of universal opt-out preference signals, also called Global Privacy Control signals (“GPC signals”). For more information about GPC signals, including how to use these signals, visit: https://globalprivacycontrol.org/.
• Right to Limit Use and Disclosure of Sensitive Personal Information. We do not use or disclose “sensitive” personal information for purposes other than those specified by the CCPA.
CONTACT INFORMATION
If you are a California resident and you or your authorized agent wish to submit a request to exercise your consumer rights under the CCPA or if you have questions regarding this policy, you may contact us at this toll-free number at 855.435.5893 ext. 1 or by email at envyexclusives@gmail.com. Requests may also be submitted by following the instructions provided here: Do Not Sell or Share My Personal Information.
ADDITIONAL CALIFORNIA PRIVACY RIGHTS
California's "Shine the Light" law permits California residents to annually request and obtain information free of charge about what personal information is disclosed to third parties for direct marketing purposes in the preceding calendar year. The RealReal does not distribute your personal information to outside parties for their direct marketing without your consent, except as provided for in this Privacy Policy.
CCPA NOTICE FOR APPLICANTS, EMPLOYEES, AND CONTRACTORS
This section describes our information practices with respect to California residents who are current or past applicants, employees, and contractors of The RealReal. We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“personal information”). The CCPA sets forth certain categories of information under Cal. Civ. Code § 1798.140(v)(1) and we have listed all of those categories below. For each category, we have provided information as to whether or not we have collected personal information under those categories within the last twelve (12) months:
A. Identifiers
We collect this category of personal information, which includes: A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.
B. Personal information categories listed in Cal. Civ. Code § 1798.80(e) (the California Customer Records Statute)
We collect this category of personal information, which may include: A name, signature, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, or any other financial information, medical information, or health insurance information. Please note that some personal information included in this category may overlap with other categories listed herein.
C. Characteristics of protected classifications under California or federal law
We collect personal information such as Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information) if voluntarily provided by a job applicant as a result of a job application process or voluntarily submitted as part of employment or Human Resources process.
D. Internet or other electronic network activity information:
We collect this information when you use resources, platforms, applications, or other technological assets owned, licensed, or made available to you by Envy Exclusive (“Company Assets”). This includes:
1. browser type;
2. your Internet Service Provider (ISP);
3. website referring/exit pages;
4. platform type;
5. date/time stamp; and
6. other information related to your use of the Company Assets.
E. Geolocation data
We collect geolocation data, typically at the town, city, or state level. However, we may collect precise geolocation data in limited circumstances related to your physical health or safety.
F. Audio, electronic, visual, thermal, olfactory, or similar information
We collect audio and visual information within the context of monitoring the use of Company Assets and our property, such as through security cameras.
G. Professional or employment related information
We collect professional or employment related information with regard to job applications, employment records, professional association memberships, and other job-related personal information.
H. Non-public education information defined as information that is not publicly available personally identifiable information as defined under the Family Educational Rights and Privacy Act (FERPA).
We collect non-public education information that is personally identifiable information such as educational records and student records in connection with job applications and employment. We do not collect non-public education information that is personally identifiable information directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.
I. Sensitive personal information
We collect the following types of information in the contexts described above: Social Security number, driver’s license number, passport number, state identification card number, racial or ethnic origin, religious or philosophical beliefs, personal information that may indicate your sex life or sexual orientation, personal information that may indicate your health or medical condition(s), genetic data, precise geolocation, login credentials for some or all Company Assets, and contents of email or other messages sent through Company Assets. Please note that some personal information included in this category may overlap with other categories listed herein.
The above personal information is collected from the following sources:
1. Information Received Directly from You
2. Internet activity by your use of the Site including online tracking through use of cookies
3. Public websites and social media platforms
4. Government entities and data brokers
THE BUSINESS OR COMMERCIAL PURPOSES FOR THE PERSONAL INFORMATION WE COLLECT
We may disclose your personal information to a third party for business or commercial purposes. Our general purpose is to facilitate your employment or similar relationship with Envy Exclusive When we disclose personal information for a business purpose, we enter into a written contract that describes the purpose and requires the recipient to keep that personal information confidential and not use it for any purpose except for providing the services set forth in the contract.
Accordingly, we may use or disclose the following personal information for business or commercial purposes:
1. allow you to access and use our Company Assets;
2. communicate with you;
3. monitor your access and use of Company Assets or other TRR property;
4. evaluate your performance, including for the purposes of promotion;
5. provide technical support;
6. administer or facilitate the provision of your compensation and other benefits, if applicable;
7. ensure the security of our Company Assets or other TRR property;
8. comply with any procedures, laws, and regulations which apply to us – this may include where we reasonably consider it is in our legitimate interests or the legitimate interests of others to comply, as well as where we are legally required to do so; and
9. establish, exercise, or defend our legal rights – this may include where we reasonably consider it is in our legitimate interests or the legitimate interests of others, as well as where we are legally required to do so.
CATEGORIES OF PERSONAL INFORMATION SHARED FOR BUSINESS OR COMMERCIAL PURPOSES
In the preceding twelve (12) months, we have disclosed the following categories of personal information for business or commercial purposes:
Category A: Identifiers
Category B: California Customer Records personal information categories
Category C: Protected Characteristics Classifications under California or federal law
Category D: Internet or other electronic networking activity information
Category E: Geolocation data
Category F: Audio, electronic, visual, thermal, olfactory, or similar information
Category G: Professional or employment related information
Category H: Non-public education information defined as information that is not publicly available personally identifiable information as defined under the Family Educational Rights and Privacy Act (FERPA).
Category I: Sensitive personal information
We disclose your personal information for the business purposes identified above to the following categories of third parties:
Service providers.
Beginning January 1, 2023, California applicants, employees, and contractors, current and former, have new rights over their personal information and how it is used at work. These rights are very similar to those California consumers already enjoy. Specifically, you have the right to know what information we have about you, the right to delete certain information, the right to non-discrimination for exercising your privacy rights, the right to opt out of the sale of information (TRR does not sell your information), the right to correct inaccurate information, the right to limit the use and disclosure of your sensitive information (TRR does not use or disclose your sensitive information for purposes other than those specified by the CCPA) and the right to limit sharing of your information (TRR does not share your information for cross-context advertising).
Some third parties with which TRR works, directly or indirectly, may have different privacy policies when you visit their external website or view their content on other platforms. You should exercise caution and read the privacy policy for the website(s) you visit. The inclusion of hyperlinks to third-party websites on our site in no way constitutes an endorsement by us of such websites' content, actions, or policies. Egencia users should review the information in the Egencia section below.
For compliance with reporting requirements and to help us improve our ability to provide a positive experience during the recruitment, employment, or the contract term, anonymized and aggregated information may be retained. Identifiable information will not be retained for longer than necessary to service an application, support employment or a contract engagement, and comply with applicable laws. In the event of a conflict between your request and our requirements to comply with such laws and regulations, or in response to litigation or a judicial request we will inform you of this conflict, if we are allowed to do so, and any remediation we take on your behalf.
Exercising your California privacy rights
Applicants:
If you wish to opt out of further communications from our recruiting tools, please click on the “unsubscribe” link at the bottom of such an email and our vendor will honor your request promptly.
If you wish to delete a resume submitted to us in the past, please visit AllVoices and follow these steps:
Choose your preferred language and then click on the “Send Feedback” button
Select “General Feedback” from the dropdown menu titled “Select the Type of Feedback”
Select the appropriate relationship type (applicant, employee, former contractor, etc.)
Enter “privacy request” in the open text field and then click the continue button
On the next screen you will see a dropdown menu titled “What is your reason for using AllVoices”, select “none of the above” from the bottom of the list
Finally, let us know what your privacy request is with enough detail and specificity that we can respond appropriately
Current Employees and Contractors:
Instructions for exercising your California privacy rights are available from the TRR Resources page.
Former Employees and Contractors:
If you wish to opt out of further communications from benefits providers or other vendors that provide(d) services to you as part of your employment or contract engagement, please click on the “unsubscribe” link at the bottom of such an email and our vendor will honor your request promptly.
If you wish to delete a resume submitted to us in the past, please follow the instructions above in the “Applicants” section.
To update your information and preferences with benefits providers and other vendors, please log in to your account on that service and make updates there.
For all other requests, please submit a request using the AllVoices platform. Please be sure to use the following path to ensure your request is handled timely and correctly:
Go to the AllVoices website
Choose your preferred language and then click on the “Send Feedback” button
Select “General Feedback” from the dropdown menu titled Select the Type of Feedback
Select the appropriate relationship type (applicant, employee, former contractor, etc.)
Enter “privacy request” in the open text field and then click the continue button