Below you will find a summary of the purposes for which we process your personal data, including the categories of recipients to whom we transmit personal data for the purposes stated, sorted by our legal basis for this processing or sharing:
5.1 We process your personal data in order to fulfil our contract with you and to provide you with our Services. This includes the following purposes:
- Processing of data relating to you or your company for the purpose of entering into a contract with you and executing it.
- Provision of our Services, including but not limited to enabling and performing transactions with other users (including the transmission of your personal data to other users where necessary to perform the transaction, including in cases of terminated, failed or subsequently voided transactions, e.g. by sharing your return address so a buyer may return an item), displaying your transaction and feedback history to you, providing and enhancing features such as payment processing, ratings and 4bike account management, providing other services you may use (as described in connection with such services), and ensuring the functionality of our Services. In connection with the provision of our Services, we will send you notifications relating to the execution of transactions and the use of our Services in accordance with the communication preferences in your 4bike account.
- Enabling the delivery of purchased items by logistics/delivery service providers including notifications in connection with the delivery (such as tracking information), the latter to the extent permitted by applicable law without your consent.
- Provision of our payment services in accordance with the Payments Terms of Use.
- Providing general customer support including the solution of problems with your 4bike account, arbitration of disputes, providing other services within the scope of customer service as well as enforcement of fee claims. For these purposes, we may contact you via notification in My 4bike, email, telephone, SMS, push notification on your mobile device or by post. If we contact you by telephone, in order to ensure efficiency, we may use automatically dialled calls with tape announcements or automated text messages in accordance with our User Agreement and Payments Terms of Use, to the extent permitted by applicable law.
- Processing of general location data (such as IP address or postcode) in order to provide you with location-based services (such as radius search and other content that is personalised on the basis of your general location data).
- Enforcement of our User Agreement, the Payments Terms of Use, this User Privacy Notice and other rules and policies.
- Publication and promotion of your listings and related content on the websites or in the applications, services and tools of other 4bike Inc. corporate family members or cooperating third-party operators of websites, applications, services and tools. When we share the content of your listings and any related personal data with third parties, we do so only on the basis of an agreement that limits the use of such personal data by the third party to the purposes necessary to fulfil its contractual obligations to us. Third-party providers are contractually obliged to take appropriate security measures with regard to this data. Third-party providers are strictly forbidden to pass on personal data contained in your listings to other third parties. In case of data transmissions to 4bike Inc. corporate family members, such restrictions result from our Binding Corporate Rules (see section 6.1 Data transfers to 4bike Inc. corporate family members under section 6. International data transfers below).
Where necessary, we transmit your personal data to processors and the following recipients for one or several of the purposes described above:
- Other 4bike users
- 4bike Inc. corporate family members
- External service providers and delivery companies (such as DHL, UPS, etc.)
- Payment service providers including the PayPal Inc. group of companies
- External operators of websites, applications, services and tools
5.2 We process your personal data in order to comply with legal obligations to which we are subject. This includes the following purposes:
- Participation in investigations and proceedings (including judicial proceedings) conducted by public authorities or government agencies, in particular, for the purpose of detecting, investigating and prosecuting illegal acts.
- Prevention, detection and mitigation of illegal activities (e.g. fraud, money laundering and terrorist financing).
- Complying with information requests from third parties based on any statutory information rights they have against us (e.g. in the event of an intellectual property infringement, product piracy, or other unlawful activity).
- Ensuring the information security of our Services.
- Retention and storage of your personal data to comply with specific legal retention requirements (for more information on 4bike’s storage of your data, see Storage duration and erasure).
Where necessary, we transmit your personal data to processors and the following recipients for one or several of the purposes described above:
- Law enforcement agencies, courts, government agencies or public authorities, intergovernmental or supranational bodies (in connection with our payment services provided in the EU for sellers in particular with regard to compliance with Luxembourg laws concerning FATCA dated 7 July 2015 and concerning the OECD Common Reporting Standard dated 18 December 2015).
- Third parties based on statutory information claims against us
- Third-party service providers
- Third parties who are involved in judicial proceedings, in particular, if they submit a legal order, court order or equivalent legal order to us.
- Credit agencies, bureaus, or associations, if required by applicable law (e.g. information on payment delays, payment defaults or other irregularities that may be relevant to your credit report).
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5.3 We process your personal data in order to protect your vital interests or the vital interests of another natural person. This includes the following purposes:
- Prevention, detection, mitigation and investigation of unlawful activities that may result in impairment of your vital interests or the vital interests of another natural person, unless there is a statutory obligation to this effect.
Where necessary, we transmit your personal data to processors and the following recipients for one or several of the purposes described above:
- Law enforcement agencies, courts, government agencies or public authorities, intergovernmental or supranational bodies
- Third parties who are involved in judicial proceedings
- 4bike Inc. corporate family members
- External service providers
5.4 We process your personal data where necessary for the purposes of the legitimate interests pursued by us or by a third party, except where such interests are overridden by your interests or fundamental rights and freedoms. In order to reconcile our legitimate interests with your rights, we have introduced appropriate control mechanisms. On this basis, we process your data for the following purposes:
- Participation in proceedings (including judicial proceedings) conducted by courts, law enforcement agencies, government agencies or public authorities, intergovernmental or supranational bodies, in particular for the purpose of detecting, investigating and prosecuting illegal acts, unless there is a statutory obligation to this effect, and we may legitimately assume that the disclosure of the data is necessary to avert imminent disadvantages or to report a suspicion of an illegal act. In such cases, we will only disclose what we believe is necessary, such as your name, city, postcode, telephone number, email address, (previous) user names, IP address, fraud complaints, bidding and listing history.
- Protection of the legitimate interests of third parties in connection with civil law disputes, unless there is a statutory obligation to this effect, if we may legitimately assume that it is necessary to disclose the data to such third parties in order to avert imminent disadvantages.
- Prevention, detection, mitigation and investigation of fraud, security breaches and other prohibited or unlawful activities, including the assessment of corresponding risks (e.g. through the use of captchas or the telephone number stored in your 4bike account for two-factor authentication), unless there is a statutory obligation to this effect.
- Monitoring and improvement of the information security of our Services, unless there is a statutory obligation to this effect.
- Performance of identity checks, creditworthiness and other financial standing checks, evaluation of applications and comparison of information for accuracy and verification purposes.
- Automatic filtering and, where necessary, manual review of messages sent through our messaging tools to prevent fraudulent or suspicious activity or violations of our User Agreement or other rules and policies, including enforcing the prohibition of purchases and sales outside of 4bike, as further explained below under Filtering of messages sent via our messaging tools (see section 11. Other important information regarding data protection).
- Provision of functions for users that make the processing of transactions easier or more convenient (e.g. administration of several delivery addresses).
- Analysis and improvement of the Services from 4bike Inc. corporate family members, e.g. by reviewing site usage data or information from users about blocked or crashed pages in order to identify and solve problems and to provide you with an improved user experience, including as part of product development.
- Analysis of telephone conversations with our customer service that we recorded with your consent.
- Advertisements by post (according to your communication preferences in your 4bike account).
- To the extent permitted by applicable law without your consent, communications with you via electronic mail (e.g. email or text message) or telephone to offer you vouchers, discounts and special offers, to conduct opinion polls and surveys, and to inform you about our Services (according to your communication preferences in your 4bike account). If you do not wish to receive marketing communications from us, you can also unsubscribe by clicking on the link in the email you received. For technical reasons, the implementation may take a few days.
- Notifications regarding promotions and information about our Services after logging into your account or in My Messages in My 4bike (according to your communication preferences in your 4bike account).
- For users outside the European Economic Area (EEA): Personalisation, measurement and improvement of our and third party advertisements in our online offerings, the online offerings of other 4bike Inc. corporate family members or third parties.
- Customisation of page content to display the items and services you may like based on the actions you take.
- Evaluation of the quality and success of our email marketing campaigns (e.g. through analysis of opening and click rates).
- Assessment of the service status (e.g. on the basis of tracking information if sellers use postage labels from delivery providers via 4bike or provide tracking numbers).
- Offering of partner and bonus programmes and other co-branded marketing efforts, e.g. co-branded credit cards in collaboration with a third party credit card issuer.
- Provision of shared content and services (such as registration for services, transaction processing and customer service) with 4bike Inc. corporate family members or cooperating payment service providers.
- Initiation, preparation and execution of a company acquisition, e.g. in the event of a merger with another company or takeover by another company. If such an event occurs, we will require the merged entity to comply with this User Privacy Notice with respect to your personal data. Should your personal data be processed for any purpose not specified in this User Privacy Notice, you will be informed in advance of the processing of your data for this new purpose.
- Assertion of or defence against legal claims, including those asserted by one 4bike user against another 4bike user.
Where necessary, we transmit your personal data to processors and the following recipients for one or several of the purposes described above:
- 4bike Inc. corporate family members
- External service providers
- Other 4bike users
- Law enforcement agencies, courts, government agencies or public authorities, intergovernmental or supranational bodies
- Third parties who are involved in judicial proceedings
- Payment service providers including the PayPal Inc. group of companies
- Credit agencies or bureaus, data verification services, risk assessment vendors and collections agencies (e.g. information about payment delays, payment defaults, or other irregularities that may be relevant to your credit report, or that we use to confirm your identity, model risk, establish credit limits, or collect unpaid debts)
- Other companies in the context of a company acquisition
- Participants in the 4bike VeRO programme, PROACT program, and other third parties in the event of an investigation for fraud, intellectual property infringement, retail crime, stolen goods, product piracy or other unlawful activity, if we, in our sole discretion, deem the investigation of such incident necessary or useful. In such cases, we will disclose the seller’s name, address, city, postcode, country, telephone number, email address and company name to the third party and bind the third party by a worldwide non-disclosure agreement to treat the data as confidential
Information about your right to object to processing based on our legitimate interests can be found below under Rights as a data subject and, with regard to the use of cookies and similar technologies, below under Cookies & similar technologies.
5.5 With your consent, we process your personal data for the following purposes:
- For users within the European Economic Area (EEA): Personalisation, measurement and improvement of our and third party advertisements in our online offerings, the online offerings of other 4bike Inc. corporate family members or third parties
- Marketing communications by telephone or electronic mail (such as email or SMS), including communications by other 4bike Inc. corporate family members or by third parties, unless these communications are permitted without your consent under applicable law. We may engage third parties to send marketing communications on our behalf
- Processing of your precise location data to provide location-based services
- Provision of a single sign-on service allowing you to register or log-in to third party services using your 4bike log-in credentials
- Processing of your personal data on the basis of your consent, which you have given so that we or third parties can enable you to use certain services or make them available to you
You can find information about your right to withdraw your consent below under Rights as a data subject and information with regard to the use of cookies and similar technologies below under Cookies & similar technologies.
Where necessary, we transmit your personal data to processors and the following recipients for one or several of the purposes described above:
- 4bike Inc. corporate family members
- External service providers
- Third parties using our single sign-on service (as authorised by you in each single case)
- Other third parties with whom we partner to offer you specific services (as described at the collection of the respective user consent)
- Third-party financial institutions with whom we partner to offer financial products to you, for them to provide joint content and services (such as, registration, transactions and customer support). These third-party financial institution partners will use your personal data to send you marketing communications only if you have requested their services
5.6 Data Sharing between 4Bike Inc. Corporate Family Members
As set out above under “Personal data from other sources”, we also receive access to personal data about you from other 4bike Inc. corporate family members. This enables us, in particular, to provide you, with your consent as legally required, with information about products and services, which we believe might interest you, and improve our products, services, content, and advertising by analysing your use of the services of other 4bike Inc. corporate family members, in particular through the matching of certain data (e.g. cookie IDs). Furthermore, this allows us to better prevent, detect, mitigate and investigate fraud, security breaches and other prohibited or unlawful activities, including the assessment of corresponding risks. We will also grant access to personal data about you to other 4bike Inc. corporate family members for the aforementioned purposes. To the extent that other 4bike Inc. corporate family members have access to your personal data, they will follow practices that are at least as restrictive as the practices described in this User Privacy Notice.
5.7 Additional information regarding our payment services for sellers
With regard to our payment services for sellers in the EU, we additionally point out that 4bike S.Ã r.l. is subject to professional secrecy, which requires special transparency with regard to the processing and, in particular, the transmission of your personal data. We therefore expressly draw your attention to the fact that 4bike S.Ã r.l. may pass on your personal data to trustworthy third parties and business partners where necessary to provide our payment services for sellers, as described above in this Section 5 of the User Privacy Notice. This includes in particular the following third parties and business partners:
- Other payment service providers, including financial institutions
- Companies offering financial products, analyses and scoring (e.g. credit agencies or bureaus)
- Authorities, agencies and other governmental bodies (e.g. to combat fraud)
- Auditors and other professional advisors
You can request a complete list of all third party providers and business partners for our payment services for sellers in the EU by contacting us.
5.8 Automated decision-making
We use technologies that are considered automated decision-making or profiling. We will not make any automated decisions about you that would significantly affect you unless such a decision is necessary for entering into, or the performance of, a contract with you, we have obtained your consent, or we are required by applicable law to use such technology. You will find information on your right to object to this processing of your data below under Rights as a data subject.