Privacy Policy

Archive Resale, Inc. ("Archive," "we," "us," or "our") provides this Privacy Policy to describe how we collect, use, disclose, and protect information through our websites, mobile applications, and related services (collectively, the "Services"). The Services include white-labeled resale platforms we operate on behalf of our retail brand partners ("Brand Partners"). "You" or "your" refers to any individual who accesses or uses the Services. This Privacy Policy is incorporated into and forms part of the Terms of Use.

This Privacy Policy explains the types of information we collect, the purposes for which we use it, and the circumstances under which we may share it. It also describes your choices regarding our data practices.

By accessing or using the Services, you acknowledge that you have read this Privacy Policy and understand our data practices as described herein. If you do not agree with this Privacy Policy, do not access or use the Services. Certain features of the Services may require you to provide Personal Information. If you choose not to provide such information, those features may be unavailable to you.

1. Types of Information We Collect

(a) Personal Information and Anonymous Information. We collect both Personal Information and Anonymous Information. "Personal Information" means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household, such as name, email address, postal address, phone number, account credentials, payment information, and inferences we draw from your use of the Services (such as product preferences and sizing). "Anonymous Information" means information that has been de-identified or aggregated such that it cannot reasonably be used to identify you.

(b) Aggregated Information. We may aggregate Anonymous Information from multiple users for analytics and reporting purposes.

(c) Non-Personally Identifiable Information. We automatically collect certain technical and usage information that does not directly identify you. When such information cannot reasonably be linked to you, we treat it as Anonymous Information.

(d) Cookies and Tracking Technologies. We use cookies, pixel tags, and similar technologies to collect information about your use of the Services. Cookies are small data files stored on your device that help us recognize you, remember your preferences, and improve your experience. We use both session cookies (which expire when you close your browser) and persistent cookies (which remain until deleted or expired). Third-party service providers and advertising partners may also place cookies on your device. Certain features of the Services, such as AI-powered search and shopping assistance, use cookies set by or on behalf of third-party technology providers to maintain session continuity and improve your experience. You can manage cookie preferences through your browser settings; however, disabling cookies may limit certain features of the Services. For a detailed list of the cookies we use, their sources, categories, and lifespans, please see our Cookie Policy.

(e) Device Information. We automatically collect information from your device, including IP address, browser type, device identifiers, operating system, and referring URLs. We may receive additional identifiers from Brand Partners when you access the Services through their platforms.

(f) User-Provided Information. We collect information you provide directly to us when you:

• create or update your account;
• purchase a product;
• list a product for sale;
• request payment or store credit for a sale;
• request a refund or communicate about a transaction;
• interact with your cart, such as adding, removing, or updating items;
• interact with AI-powered features, such as search or a shopping assistant;
• subscribe to our mailing list or newsletters;
• contact customer support;
• use or browse the Services;
• communicate with us via email, phone, or social media;
• complete a survey or submit a request;
• opt in to receive text messages or push notifications;
• participate in a take-back, trade-in, or resale program; or
• access your account to view transaction history, payouts, or listings.

We may combine information collected through different sources described in this Privacy Policy. If you subscribe to marketing communications, you may opt out at any time as described in Section 7. If you connect your account with a social media platform, we may collect information you have authorized that platform to share with us, subject to your settings on that platform.

(g) Technical and Log Information. We automatically collect log data including IP address, timestamps, pages visited, features used, and referring URLs. We may also track your interactions with our email communications, such as whether messages were opened and which links were clicked.

(h) Payment Information. We use third-party payment processors to handle transactions. We may collect limited payment-related information (such as billing address, transaction amount, and gift card number), but payment card details are processed directly by our payment processors and are not stored by us. Your use of payment services is subject to the terms and privacy policies of those payment processors, including Stripe.

(i) Geolocation. We may infer your general location (such as city or region) from your IP address. If you enable location services on a mobile device, we may collect precise geolocation data. On certain Brand Partner sites, you may choose to provide your zip code or opt in to use your location to find nearby products. If you opt to use your location, your browser will ask for your permission before providing location data. Your precise geolocation is processed locally on your device to display nearby results and is not transmitted to or stored on our servers. You may also enter your zip code as an alternative. Precise geolocation may constitute Sensitive Personal Information under certain state laws; see Section 9 for your rights.

(j) Information from Third Parties. We may receive information about you from third-party sources, including:

• Brand Partners with whom you have transacted, such as, where a Brand Partner has migrated or transferred user information to us,
• identity verification services,
• fraud detection service providers,
• mailing list providers and publicly available sources.

We use third-party analytics services (such as Google Analytics) to understand how users interact with the Services. These services may use cookies and similar technologies to collect usage data. For information about opting out of analytics, see Section 7. 

2. How We Use Your Information

(a) Personal Information. We may use your Personal Information to:

• send transactional and administrative communications related to your account, purchases, sales, payments, and support requests;
• provide products, services, and features you request;
• coordinate with Brand Partners to facilitate your transactions, including product authentication, store credit issuance, listing items for resale, and access to your purchase history;
• coordinate with shipping and logistics partners to fulfill orders and deliveries;
• display nearby products based on your zip code or, with your permission, your device's location;
• fulfill our contractual obligations;
• send promotional communications and marketing offers;
• operate and maintain the Services, including account management, fraud prevention, identity verification, dispute resolution, and legal compliance;
• personalize your experience on the Services;
• conduct research and analytics to improve the Services;
• provide additional services you request;
• identify your preferences and recommend relevant content;
• improve the Services and customer experience;
• analyze usage patterns to enhance our marketing;
• communicate with you via email, text message/SMS, push notifications, or other channels;
• share your information as described in this Privacy Policy; or
• send required legal and administrative notices.

(b) Anonymous Information. We may use Anonymous Information to:

• perform internal operations and maintenance;
• improve and customize the Services; or
• conduct statistical analysis and trend tracking with Brand Partners.

(c) Advertising and Analytics. We may use Personal Information and Anonymous Information for advertising, analytics, and marketing purposes, including measuring performance, delivering targeted advertisements, and understanding user behavior.

3. Lawful Processing; Legitimate Interests

We process Personal Information based on one or more of the following legal grounds:

• performance of a contract with you or steps at your request prior to entering a contract;
• protection of vital interests; 
• compliance with legal obligations; 
• with your consent, where you have provided it (for example, to receive marketing communications). Where we rely on consent, you may withdraw it at any time as described in Sections 7 and 8, without affecting the lawfulness of processing carried out before withdrawal; and
• our legitimate interests, including:
• providing, improving, and customizing our services
• administering our business operations
• understanding how the Services are used
• developing and growing our business
• ensuring safety and security
• cybersecurity and fraud prevention
• protecting against spam, harassment, and intellectual property infringement
• enforcing our legal rights and meeting our obligations

4. How We Share and Disclose Personal Information

(a) We do not sell your Personal Information to third parties for monetary consideration. We do not use, sell, or share Personal Information for the purpose of training large language models or generative AI systems. We share your Personal Information only as described in this Privacy Policy. If you do not want us to use or disclose your Personal Information as described herein, you may choose not to use the Services. If you do not provide Personal Information necessary for us to deliver specific products, services, or programs, we may not be able to provide them to you.

(b) We may disclose your Personal Information to Brand Partners in connection with the programs and services they offer through the Services. Brand Partners' use of your information is governed by their own privacy policies.

(c) We may disclose your Personal Information to service providers, contractors, and other third parties who perform services on our behalf. We require our service providers and contractors to enter into written agreements that prohibit them from selling or sharing your Personal Information, and that restrict their use of your Personal Information to the purposes specified in our agreements with them. For a list of subprocessors, visit archiveresale.com/privacy/subprocessors. These service providers, contractors, and third parties assist us to:

• process a transaction;
• deliver your Product order;
• assess and issue if applicable a refund that you have requested;
• authenticate the Products you are listing for sale;
• issue store credits with brand partners on your behalf;
• calculate applicable sales tax, and where necessary remit such sales tax on the Seller's behalf;
• allow you to select products you have purchased from a brand partner in the past and offer those as Products for sale on or through the Services;
• provide AI-powered search, product discovery features, and shopping assistance features, including processing your queries and messages and generating responses;
• maintain a database of customer information;
• assist us in distributing e-mails;
• assist us with direct marketing and data collection;
• provide data storage and analysis;
• provide fraud prevention;
• provide customer service; and
• provide other services designed to assist us in developing and operating the Services.

(d) We may disclose your information if required by law, or if we believe in good faith that disclosure is reasonably necessary to:

• satisfy any applicable law, regulation, legal process or governmental request;
• enforce this Privacy Policy and our Terms of Services, including investigation of potential violations hereof;
• detect, prevent, or otherwise address fraud, security or technical issues; or
• protect our rights, property or safety, our users and the public. This includes exchanging information with other companies and organizations for fraud protection and spam/malware prevention.

5. Use of Non-Personally Identifiable Information

(a) Generally. We use Non-Personally Identifiable Information to maintain and administer the Services, analyze trends, gather demographic information, and comply with applicable law. We may share Aggregated Information with third parties, including service providers and Brand Partners, without additional notice or consent. We may permit service providers to use Non-Personally Identifiable Information for their business purposes, such as reporting on usage or industry trends.

(b) Cookies, Pixel Tags, and Similar Technologies. We may use information collected through cookies, pixel tags, and similar tracking technologies (as described in Section 1(d)) for analytics, advertising, and marketing measurement purposes. We may work with advertising partners who use these technologies to deliver advertisements.

(c) Use of Combined Data. We may combine Non-Personally Identifiable Information with other information to improve the Services, personalize your experience, measure advertising effectiveness, and conduct market research. We may share anonymous or aggregated data with third parties for their marketing, advertising, research, or other business purposes without restriction, and such sharing is not subject to the opt-out rights described in this Privacy Policy.

6. Data Retention

We retain your Personal Information for as long as reasonably necessary to fulfill the purposes described in this Privacy Policy, unless a longer retention period is required or permitted by law. We apply the following criteria to determine how long we retain each category of Personal Information we collect: the duration of our relationship with you; applicable legal obligations; and the need to resolve disputes, enforce agreements, or protect our legal rights.

Where we process Personal Information based on legitimate interests, we retain it for a reasonable period based on the particular interest, considering your rights and freedoms.

Where we process Personal Information based on your consent, we retain it for as long as necessary to carry out the consented purposes, subject to your right to request deletion as described in Section 8.

Where we process Personal Information based on a contract, we retain it for the contract duration plus any additional period necessary to comply with law or the applicable statute of limitations. Precise geolocation data accessed if you opt in to a ‘use my location’ or similar feature is processed on your device and is not retained by us.

7. Opting Out

(a) Email Communications. You may opt out of marketing or promotional emails by clicking the "unsubscribe" link in any email or by emailing us at support@archiveresale.co with "UNSUBSCRIBE" in the subject line. Opting out of promotional emails will not affect transactional or administrative communications, such as order confirmations, delivery updates, or policy notices.

(b) Google Analytics and Tracking. Our products and services may use analytics and advertising technologies including Google Analytics, Firebase Analytics, Segment, Google Tag Manager, Meta Pixel, TikTok Pixel, and Angler AI, among others, to help display our ads you see on other sites and to help us manage and optimize our online advertising efforts. The specific analytics tools active on a given site may vary by Brand Partner. For opt-out information for other analytics providers, please visit their respective cookies, privacy, or opt-out pages.

(c) Interest-Based Advertising. You may opt out of interest-based advertising by visiting the Digital Advertising Alliance at aboutads.info/choices or the Network Advertising Initiative at networkadvertising.org/choices. Note that: (a) we may still collect data for operational purposes even if you opt out; (b) you may need to opt out on each browser or device you use; and (c) we do not control third-party opt-out tools. Depending on your state of residence, you may have additional rights; see Section 9.

(d) SMS / Text Messages. If you have opted in to receive marketing text messages from Archive, you may opt out at any time by replying STOP to any marketing text message you receive from us. After you send the STOP message, we will send you a reply message to confirm that you have been unsubscribed. You will no longer receive marketing text messages from us unless you re-subscribe. Message frequency varies. Message and data rates may apply. For help, reply HELP or contact us at privacy@archiveresale.co.

(e) Push Notifications. If you have enabled push notifications on your mobile device, you may disable them at any time through your device settings.

(f) Cookies. You can manage or disable cookies through your browser settings. Note that disabling cookies may limit your ability to use certain features of the Services. For instructions, consult your browser's help documentation. You can manage or disable cookies through your browser settings, through the Cookie Settings available on the Services, or by enabling Global Privacy Control (GPC) in your browser. Disabling cookies may limit certain features of the Services. For browser-specific instructions and cookie category details, see our Cookie Policy.

8. Deleting, Changing & Updating Your Personal Information

You may request that we correct, update, or delete your Personal Information. Depending on your jurisdiction and applicable law, you may also have the right to: (i) restrict or limit how we use your Personal Information; (ii) object to certain processing; (iii) obtain a portable copy of your Personal Information; and (iv) limit our use of Sensitive Personal Information. Depending on your state of residence, you may have specific rights as described in Section 9.

If you withdraw consent or exercise your privacy rights, we may not be able to provide certain services or features that depend on the information you request we stop using, and we shall have no liability to you for any resulting limitations in functionality or service availability. We may retain your Personal Information after a deletion request where we have a legal basis to do so, including to comply with legal obligations, complete transactions, prevent fraud, enforce our agreements, or exercise or defend legal claims. We will direct our service providers to delete your information as required by law.

9. Your Privacy Rights

(a) General. Several U.S. states have enacted comprehensive consumer privacy laws that grant residents specific rights regarding their Personal Information. If you reside in one of these states, the rights described in this Section 9 apply to you to the extent required by applicable law. California residents have rights under the California Consumer Privacy Act as amended by the California Privacy Rights Act (collectively, "CCPA/CPRA"). Residents of Virginia, Colorado, Connecticut, Utah, Texas, Oregon, Montana, Delaware, Iowa, Nebraska, New Hampshire, New Jersey, Tennessee, Minnesota, Maryland, Indiana, Kentucky, Rhode Island, and other states with comprehensive privacy laws have similar rights under their respective state laws.

(b) Right to Know: You may request that we disclose the categories and specific pieces of Personal Information we have collected about you in the 12 months preceding your request, the sources of that information, our business purposes for collecting it, the categories of third parties with whom we share it, and the retention periods applicable to such information as described in Section 6. We are not required to provide this information more than twice in a 12-month period.

(c) Right to Delete: You may request that we delete Personal Information we have collected from you, subject to certain exceptions permitted by law.

(d) Right to Correct: You may request that we correct inaccurate Personal Information we maintain about you.

(e) Right to Opt-Out of Sale/Sharing: You may direct us not to sell or share your Personal Information. We do not sell Personal Information for monetary consideration. We may share Personal Information with advertising partners in ways that may constitute "sharing" under the CCPA/CPRA. To opt out, you may enable Global Privacy Control (GPC) in your browser, which we honor as a valid opt-out request as described in Section 9(k). You may also opt out by emailing privacy@archiveresale.co. You may also opt out of the use of your Personal Information for targeted advertising pursuant to applicable state law.

(f) Right to Limit Sensitive Personal Information: You may request that we limit our use of Sensitive Personal Information to purposes reasonably necessary to provide the Service. Sensitive Personal Information we may collect includes precise geolocation (when enabled), account log-in credentials in combination with required security questions, and financial account information used to process payments. We do not use Sensitive Personal Information for purposes beyond those permitted under applicable law without your consent.

(g) Profiling. We do not engage in profiling that produces decisions with legal or similarly significant effects concerning you. 

(h) Right to Non-Discrimination: We will not discriminate against you for exercising your privacy rights.

(i) Shine the Light: California Civil Code Section 1798.83 permits California residents to request information regarding disclosure of Personal Information to third parties for direct marketing purposes. We do not share Personal Information with third parties for their direct marketing purposes.

(j) Authorized Agents: You may designate an authorized agent to submit requests on your behalf. We may require proof of authorization and may verify your identity directly.

(k) Do Not Track / Global Privacy Control: We do not respond to "Do Not Track" browser signals, as there is no industry standard for such signals. However, we honor Global Privacy Control (GPC) signals as a valid request to opt out of the sale or sharing of Personal Information under applicable state law. When we detect a GPC signal from your browser, we will treat it as a valid request to opt out of the sale or sharing of your Personal Information under all applicable state laws that recognize such signals. This frictionless processing of GPC signals serves as our primary opt-out mechanism for the sale or sharing of Personal Information. For more information about GPC and how to enable it in your browser, visit globalprivacycontrol.org.

(l) Response Timing: We will acknowledge receipt of verifiable requests within 10 business days and provide a substantive response within 45 days. We may extend this period by an additional 45 days when reasonably necessary due to the complexity of the request or volume of requests, in which case we will notify you of the extension and the reason for it.

(m) Other State Privacy Laws: The rights described in this Section 9 are available to residents of states with applicable comprehensive privacy laws. We will honor valid requests submitted by residents of those states in accordance with the procedures described in this Privacy Policy. Because these laws share a common core of consumer rights, we apply a consistent set of rights and processes regardless of your state of residence, except where a specific state law requires otherwise.

(n) Appeals: Where required by applicable law, if we deny your privacy request in whole or in part, you may appeal our decision by contacting us at privacy@archiveresale.co or writing to Archive Resale Inc., 4546 El Camino Real B10 #601, Los Altos, CA 94022, Attn: Privacy, within 45 days of our denial. Your appeal must include sufficient information to allow us to verify your identity and understand the basis for your appeal. We will respond to your appeal within 60 days of receipt. If we deny your appeal, we will inform you that you may have the right to contact the applicable state attorney general to submit a complaint, where such right exists under applicable law. We will process appeals in accordance with the procedures and standards established under applicable state privacy laws.

10. Children

The Services are not directed to children under 13 years of age. We do not knowingly collect Personal Information from children under 13. If we learn that we have collected Personal Information from a child under 13, we will take appropriate steps to delete that information. If you believe a child has provided us with Personal Information, please contact us at privacy@archiveresale.co.

11. Security

We use commercially reasonable physical, electronic, and administrative safeguards designed to protect Personal Information. However, no method of transmission over the Internet or electronic storage is completely secure, and we cannot guarantee absolute security. We are not responsible for the actions of third parties or for circumvention of security measures beyond our control. In the event of a data breach affecting your Personal Information, we will notify you as required by applicable law.

12. Third-Party Websites

The Services may contain links to third-party websites, which are subject to the privacy policies and practices of the third party. We do not control and are not responsible for the privacy practices of those websites. We encourage you to review the privacy policies of any third-party websites you visit.

13. Changes to Our Privacy Policy

We may update this Privacy Policy from time to time. Changes become effective when posted. The "Last updated" date at the top of this Privacy Policy indicates when it was last revised. Your continued use of the Services after changes are posted constitutes your acceptance of the revised Privacy Policy.

14. Contact Us

If you have questions about this Privacy Policy or wish to exercise your privacy rights, contact us at privacy@archiveresale.co or write to Archive Resale Inc., 4546 El Camino Real B10 #601, Los Altos, CA 94022, Attn: Privacy.