ITEX - Privacy Policy

Table of Contents

Overview
The Information We Collect
How We Use Information
Sharing and Disclosing Information
Access and Choice
Information Security
Children
Links to Other Internet Sites
How to Contact Us

1. Overview

This Privacy Policy explains how ITEX Corporation (“ITEX”) may collect, use, share, and safeguard information on www.itex.com, mobile websites, microsites, mobile applications, ITEX profiles on social media sites, and applies to any ITEX application, service, or tool, and any other digital services and platforms officially operated or used by ITEX from time to time, regardless of how you access or use them, including through mobile devices (collectively, the “Sites” or “Services”).

By using our Services and/or registering for an account with us, you are accepting the terms of this Privacy Policy and our Member Agreement, and you are consenting to our collection, use, disclosure, retention, and protection of your personal information as described in this Privacy Policy. If you do not provide the information we require, we may not be able to provide our Services to you.

This Privacy Policy was posted on January 26, 2018. It is effective upon acceptance for new Members, and from March 1, 2018 for all other Members. The previous version of this Privacy Policy was effective for all Members on January 15, 2010. This Privacy Policy is incorporated into and subject to the terms of the Member Agreement.

Changes to this Policy. We may amend this Privacy Policy at any time in our sole discretion by posting the amended terms on this site. All amended terms automatically take effect 28 days after they are posted. The date of the last revision to the Privacy Policy will be indicated by the “Last updated” date at the bottom of this page.

2. The Information We Collect

Personal Identifying Information. We may collect information (whether online, by phone, or by paper) that identifies you (“personal information”) when you: provide such information on our Sites, apply or register for ITEX events, or otherwise interact with ITEX, including, but not limited to, applying for membership, purchasing products or services in the ITEX Marketplace, or to facilitate transactions between Members (or other permitted parties). The types of personal information collected may include your name, address, phone number, birth date, billing and delivery information, email address, user Login and password, taxpayer identification number, information about your business, credit card, or other financial account information. You may also provide us other information through a web form, by updating or adding information to your account, through your participation in community discussions, chats, dispute resolution, or when you otherwise correspond with us regarding our Services. ITEX may also receive personal information of new members from our licensed brokers and franchisees (collectively “brokers”) or third parties we contract with to provide all or part of the Services.

Personal information from other sources. We may supplement the personal information we collect with information from third parties and add it to your account information. For example, we may collect and use demographic information that is publicly available, additional contact information, credit check information, and information from credit bureaus, as allowed by applicable national laws.

We may allow you to share information with social media sites, or use social media sites to create your account or to connect your account with the respective social media site. Those social media sites may give us automatically access to certain personal information retained by them about you (e.g., content viewed by you, content liked by you, and information about the advertisements you have been shown or may have clicked on, etc.). If you provide us with access to any site with video content, then you agree that we may share your video viewing with, or obtain information about your video viewing from, third-party social media sites for at least two years or until you withdraw consent. You control the personal information you allow us to have access to through the privacy settings on the applicable social media site and the permissions you give us when you grant us access to your personal information retained by the respective social media site about you. By associating an account managed by a social media site with your account and authorizing us to have access to this information, you agree that we may collect, use and retain the information provided by these social media sites in accordance with this Privacy Policy.

If you give us personal information about someone else, you must do so only with their explicit and prior consent. You have to inform them how we collect, use, disclose, and retain their personal information according to our Privacy Policy.

Non-Personal Data. As you interact with our Sites, we may also collect information about your browsing history or certain other information that is not personal information through your use of and visits to the Sites and our use of a variety of technologies, including, but not limited to, cookies, tags, beacons, Internet Protocol (IP) address, and other tools. “Cookies” are pieces of code/text placed on your computer when you browse our Sites. Cookies may be placed by us or third-party advertisers. “Tags” and web beacons refer to code scripts that are primarily used to track visitors’ activities on our Sites by web analytics software. The types of non-personal data collected on our Sites using these, and other tools as ITEX may add from time to time, may include: the search terms you used, new or returning user, browser information, computer type, operating system, internet service providers, website usage, referring/exit pages, platform type, date/time stamp, number of clicks, ads viewed, or geo-location information, including location information from your mobile device. Keep in mind that most mobile devices allow you to control or disable the use of location services by any application on your mobile device in the device’s settings’ menu. Additionally, cookies, tags and other tools placed by third parties may collect other information about you and your visits to Sites and elsewhere on the Internet including, but not limited to, your industry, company size, job function, or seniority level (collectively, all of the foregoing data the “Non-Personal Data”).

3. How We Use Information

Once collected, we may use your Personal Information in a variety of ways including, but not limited to:

Provide access to and use of our Services
Give you access to your transaction history, internal messages and other features
Provide service communications such as bill reminders, order confirmations, registrations, troubleshoot problems with your account, resolve a dispute, or provide you with customer service
Respond to your emails or online requests for products, services, or information
Deliver and process email newsletters, announcements and surveys
Personalize and improve the usability of the Sites
Fulfill and/or deliver products and services
Publish membership directories and registration lists as described below
Sharing with certain other companies to offer you products and services that may be of interest to you as described below
Tailor content, advertising and marketing to you
Share with third parties as required by law or to protect ITEX as described below
Share your email address as permitted under ITEX Email Policy as described below
Contact you as necessary to enforce our Member Agreement, applicable laws, and any agreement we may have with you

Transaction Tracking. We maintain records of every sale, purchase and transfer into or out of your ITEX account. We also maintain records of each fee charged to you and each payment made by you to ITEX, whether it is in US or Canadian currency or ITEX dollars.

We retain your personal information as long as it is necessary and relevant for our operations. In addition, we may retain personal information from closed accounts to comply with laws, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigation, enforce our Member Agreement and take other actions permitted or required by applicable laws. After it is no longer necessary for us to retain your personal information, we dispose of it in a secure manner according to our data retention and deletion policies.

4. Sharing and Disclosing Information

We may disclose your personal information to our brokers or other members of the ITEX Marketplace or to third parties. This disclosure may be required for us to provide and to provide you access to our Services, to comply with our legal obligations, to enforce our Member Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We minimize the amount of personal information we disclose to what is directly relevant and necessary to accomplish the specified purpose. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.

We may disclose your personal information for the following purposes and to the following parties:

Publication of Your Personal Information to Brokers and Marketplace Members for Transaction Facilitation, Membership Directories and Registration Lists. In order to facilitate transactions between Members of the ITEX Marketplace (or other permitted parties), to provide you advertising, or to allow other Members of the ITEX Marketplace to find you, the personal information we receive may be provided to other Members, published on the Sites and other print or digital media, in a variety of ways, including, but not limited to, directories, membership lists, and other types of registration lists for ITEX events (“Directory Lists”). We may solicit Members and parties permitted to transact on the Marketplace on your behalf and will inform Members how they may contact you. Directory Lists will not include sensitive information, such as credit card or bank information, taxpayer identification numbers, or social security numbers. Members may request that certain information be suppressed from Directory Lists by contacting us.

Sharing Your Personal Information to Fulfill Product and Service Requests and Perform Business Functions. When fulfilling product and service requests initiated by you, we may share your personal information with certain third parties to fulfill the requests. We may also share such information with service providers that perform business functions for us. For example, ITEX may occasionally hire other companies to provide limited services on our behalf including, payment processing services, assistance in providing customized advertising packaging, mailing and delivering promotional offers, sweepstakes or contests, answering customer questions about products or services, consulting services, data modeling, printing, bill collection, affiliate and rewards programs, sending postal mail and processing event registrations. In such cases, ITEX may share your personal information.

Sharing Your Personal Information When Legally Necessary or to Protect ITEX’s Interests. ITEX may disclose your personal information if required to do so by law or in the good-faith belief that such action is necessary to: (a) conform to legal requirements or comply with legal process served on ITEX; (b) protect and defend the rights or property of ITEX; or (c) protect the personal safety of ITEX personnel or members of the public in appropriate circumstances. In addition, if ITEX and/or its assets (or a portion of its assets) are sold, assigned, transferred, or merged, or if ITEX undergoes some other change including a change to its corporate form as part of a bankruptcy proceeding or otherwise, information may be transferred as part of that transaction or change. If we were to merge with or be acquired by another company, we may share information with them in accordance with this Privacy Policy. Should such an event occur, we will require that the new combined entity follow this Privacy Policy with respect to your personal information. If your personal information will be collected, used, disclosed, or retained for any purposes not covered in this Privacy Policy, you will receive prior notification of the processing of your personal information for the new purposes.

Sharing Your Email Address Pursuant to ITEX Policy. Your e-mail address will be used by ITEX and its brokers. We do not sell or rent e-mail addresses to anyone outside ITEX. ITEX will also not share e-mail addresses to unrelated third-parties, except as described above. Please understand, however, that your email address may be visible to other Marketplace Members through your advertisements or Directory Lists as described above. ITEX may also share your email address with third parties to enable ITEX to take security measures to help protect against unauthorized access to or unauthorized alteration, disclosure, or destruction of data. Finally, ITEX may share email addresses with third parties as necessary to perform certain services on our behalf, such as packaging, mailing and delivering products and processing event registrations and to respond to your service requests.

5. Access and Choice

We take steps to ensure that the personal information we collect is accurate and up to date, and that you have the ability to access and make corrections to it. This includes the following:

You can see, review and change your personal information by signing in to your account. Please update your personal information immediately if it changes or is inaccurate. If you are unable to change inaccurate information, please contact us following the instructions in the Contact Us section below
Once you make a public posting, you may not be able to change or remove it. Upon your request, we may remove your personal information from view or close your account, based on your account status and in accordance with our Marketplace Rules

We will honor any statutory right you might have to access, modify or erase your personal information. To request access and to find out whether any fees may apply, if permitted by applicable laws, please contact us following the instructions in the Contact Us section below. Where you have a statutory right to request access or request the modification or erasure of your personal information, we can still withhold that access or decline to modify or erase your personal information in some cases in accordance with applicable laws, but will give you reasons if we do so.

If you choose not to give us your personal information at all, you can still access the Sites; however, you will not be able to access areas that require registration or personal information and will not have access to our Services.

If you withdraw your consent for the use or disclosure of your personal information for purposes set out in this Privacy Policy you may not have access to some or all our Services and we might not be able to provide you the Services and customer support offered to our Members and authorized under this Privacy Policy and our Member Agreement.

6. Information Security

ITEX implements commercially reasonable security measures to help protect against unauthorized access to or unauthorized alteration, disclosure, or destruction of data. Some of the safeguards we use are firewalls and data encryption, physical access controls to our data centers, and information access authorization controls.

Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. Accordingly, and despite our efforts, ITEX cannot guarantee or warrant the security of any information you transmit to us, or to or from our online products or services. If you believe your account has been abused, please contact us following the instructions in the Contact Us section below.

7. Children

Children (under the age of 18) are not eligible to use the Site unsupervised, and we ask that children do not submit any personal information to us. If you are under the age of 18, you may only use this Site in conjunction with and under the supervision of your parents or guardians. We do not knowingly collect personal data online from or market online to children under the age of 13.

8. Links to Other Internet Sites

There may be links to other websites from the Sites or from an ITEX email message or social media post. These links are an accommodation to the respective third-party site owners and for your convenience. These linked sites are not under the control of ITEX, and we are not responsible or liable for the content or privacy practices of any linked sites You should be aware that other linked Internet sites may contain privacy provisions that differ from the provisions of this Privacy Policy. To ensure your privacy is protected, we recommend that you review the privacy statements of these other linked sites, applications, or other digital platforms.

9. How to Contact Us

We want you to fully understand our privacy practices, and we welcome your comments and questions on this policy statement. Should you have comments, questions or concerns about these privacy practices, please call us at 425.463.4000 or send us an e-mail at: support@itex.com.

Last Updated January 26, 2018