Privacy Policy

SHAWISH MARKET INC.

Privacy Policy

Last updated: [July 7, 2022] 

 

 

1        Introduction

Welcome to the Shawish Market Platform, owned and operated by Shawish Market Inc. (“Shawish”, “we”, “us” or “our”). We respect your privacy and we are committed to protecting your personal data. This Privacy Policy (the “Privacy Policy”) will inform you as to how Shawish collects, uses, discloses and otherwise process your personal data when using the Shawish Market Platform (at www.shawishmarket.com), our online marketplace for Indigenous products (the “Products”)  and other services or applications offered on or through the Shawish Market Platform, including when you participate in our promotions or surveys, or interact with us by any means (collectively the “Services”). 

This Privacy Policy also tells you about your privacy rights. Please refer to Section 2 to understand the meaning of some of the terms used in this Privacy Policy. 

The Shawish Market Platform and the Services are not intended for individuals below the age of 18 years and we do not intend to collect data relating to minors.

It is important that you read this Privacy Policy together with any other privacy policies or fair processing notices, we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This Privacy Policy supplements other policies and privacy notices and is not intended to override them.

The topics covered in this Privacy Policy are as follows (click on a topic to be redirected to the relevant section of this Privacy Policy):

  • Important Information
  • The personal data we collect about you
  • How is your personal data collected?
  • Disclosures of your personal data
  • Data security
  • Personal data retention
  • Your legal rights
  • Legal Rights Explained

 

2        Definitions

In this Privacy Policy, capitalized terms used herein but not otherwise defined will have the meanings ascribed to those terms in the Terms and Conditions (the “Terms”), available here.

Lawful Basis” means 

(a)            Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

(b)            Performance of a Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

(c)            Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.

 

3        Important Information

3.1       Data Protection Officer, Complaints and Contact details

We have appointed a Data Protection Officer ("DPO") who is responsible for overseeing questions in relation to this Privacy Policy. If you have any questions or complaints about this Privacy Policy, our privacy practices or if you have a request to exercise your rights, please contact our DPO by email at shawishmarketprivacy@gmail.com.  


You have the right to make a complaint about the way we process your personal data to a supervisory authority. Wewould, however, appreciate the chance to deal with your concerns before you approach a data protection regulatory authority, so please feel free to contact us in the first instance at shawishmarketprivacy@gmail.com

3.2       Changes to the Privacy Policy and your duty to inform us of changes

We regularly review our Privacy Policy to align our practices with global regulatory standards. We may also change this Privacy Policy to reflect changes to the Shawish Market Platform, our Services or in our processing activities. This version was last updated on the “Last Updated” date written above. If we change our Privacy Policy and you have registered an Account with us, we will let you know by email or via a notification on the Shawish Market Platform.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

3.3       Third-Party Sites

The Site may include links to third-party websites, plug-ins and applications ("Third Party Sites"). Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these Third-Party Sites and are not responsible for their privacy statements. When you leave the Shawish Market Platform, we encourage you to read the privacy policy of every Third Party Site you visit or use.

 

4        The personal data we collect about you

Personal data, or personal information, means any information about an individual from which that person can be identified, whether directly or indirectly. It does not include data where the identity of the user has been irreversibly and permanently removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped in categories as follows:

Category of Personal Data

Specific Pieces of Personal Data

Identity Data

  • first name,
  • last name,
  • username, identifier or handle,
  • date of birth,
  • gender,
  • proof of Indigenous status, including but not limited to, a status card,
  • drivers license, passports or other form of identification documents including proof of address such as utility bill or bank statement (when required under applicable law).

Contact Data

  • billing address,
  • delivery/shipping address,
  • home address,
  • return address,
  • email address and telephone numbers.

Financial Data

  • bank account details
  • payment card details

Transactional Data

  • details about payments to and from you,
  • other details of any Transactions you enter into.

Technical Data

  • internet protocol (IP) address,
  • your login data,
  • browser type and version,
  • time zone setting and location data.

Profile Data

  • information and images appearing on your profile,
  • your purchase and sale activity and history,
  • Product details,
  • discounts or gift cards offered by Sellers,
  • wish lists, interests, preferences, feedback and survey responses.

Usage Data

  • information about how you use the Shawish Market Platform, and your interactions with our Services,
  • chat messages between Users.

Marketing and Communications Data

  • your consents and preferences in receiving marketing from us, and our third parties,
  • your communication preferences.

                                                 

As explained above under Identity Data, Sellers must provide some form of proof of Indigenous status, including but not limited to, a status card, which we will use to confirm your Indigenous status for onboarding purposes. This data falls within the scope of special categories of data (see Special Categories of Data below). You can refuse to provide proof of Indigenous status, but it means that we will be unable to create an Account and register as a Seller. 

Special categories of personal data are data revealing your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, genetic and biometric data. We will only use special categories of personal data for a specific purpose and if we are able to satisfy both the Lawful Basis requirements, as well as at least one of the following additional conditions:

  • You have given explicit consent;
  • Processing relates to personal data which are manifestly made public by the data subject;
  • Processing is necessary for the establishment, exercise of defence of legal claims, or
  • Processing is necessary for reasons of substantial public interest. 

4.1       If you refuse to provide personal data

Where we need to collect personal data by law, or as required by the Terms and you refuse to provide that data when requested, we may not be able to offer you our Services. In this case, we may have to terminate your Account, but we will notify you if this is the case at the time.

 

5        How is your personal data collected?

We use different methods to collect data from and about you including through direct interactions. You may give us your Identity, and Contact Data by filling in forms, providing a visual image of yourself on your Account Profile, by email or otherwise. This includes personal data you provide when you:

  • create an Account;
  • make use of any of our Services;
  • enter a competition, promotion or survey; or
  • give us feedback or contact us.


Automated technologies or interactions. As you interact with us via the Shawish Market Platform, we will automatically collect Technical Data about your login patterns. We collect this personal data by using cookies, server logs and other similar technologies. On our main website you will be informed about how we use cookies through the Cookie Settings. 

 

6        Why and how we process your personal data

We will only process your personal data when the law allows and/or requires us to. Most commonly, we will use your personal data in the following circumstances:

  • To the extent necessary for the provision of the Services.
  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
  • Where we need to comply with a legal obligation.


When Canada privacy law applies, we rely on consent, whether implied or explicit, as a legal basis for processing your personal data. We will also get your consent before sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us. See below for further details on marketing.

We have set out below, in a table format, a description of all the ways we plan to use your personal data, our purposes for doing so, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate. Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are processing your data. Please contact us if you need details about the specific legal ground, we are relying on to process your personal data where more than one ground has been set out in the table below.

 

No

Purpose/Activity

Categories of personal data

Lawful basis for processing including basis of legitimate interest

1.

To register you as a new User

  • Identity
  • Contact
  • Performance of a contract with you
  • Necessary for our legitimate interests (e.g. to prevent abuse of our Services and promotions)

2. 

To process and deliver our Services and features to you including:

  • Execute, manage and process any instructions or Orders, you make
  • Manage, process, collect and transfer payments, fees and charges
  • Collect and recover money owed to us
  • Identity
  • Contact
  • Financial
  • Transactional
  • Technical
  • Marketing and Communications
  • Performance of a contract with you
  • Necessary for our legitimate interests (e.g. to prevent abuse of our Services and promotions)

3.

To manage our relationship with you which will include:

  • Notifying you about changes to our terms or Privacy Privacy
  • Asking you to leave a review or take a survey
  • Keep you informed of our company's business and development
  • Contact you to confirm any Transactions
  • Identity
  • Contact
  • Profile
  • Transactional
  • Marketing and Communications
  • Performance of a contract with you
  • Necessary to comply with a legal obligation
  • Necessary for our legitimate interests (to keep our records updated, study how our Users use our Services and how prospective Users respond to our marketing campaigns)

4.

To manage risk and crime prevention including:

  • Detect, investigate, report and prevent financial crime
  • Obey laws and regulations which apply to us
  • Responding to complaints and resolving them
  • Identity
  • Contact
  • Financial
  • Technical
  • Transactional
  • Special Categories Data that you give us directly or that we receive from third parties and/or publicly available sources, including but not limited to, special categories data that is revealed by photographic ID or form of proof of Indigenous status although we do not intentionally process this personal data
  • Performance of a contract with you
  • Necessary to comply with a legal obligation
  • Necessary for our legitimate interests (to develop and improve how we deal with financial crime)

5.

To enable you to partake in prize draws, giveaways, competitions or complete a survey

  • Identity
  • Contact
  • Profile
  • Usage
  • Marketing and Communications
  • Performance of a contract with you
  • Necessary for our legitimate interests (to gather market data for studying Users’ behaviour including their preference, interest and how they use our products/services, determining our marketing campaign and growing our business)

6.

To administer and protect our business and the Shawish Market Platform including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data

  • Identity
  • Contact
  • Financial
  • Technical
  • Transactional
  • Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud)
  • Necessary to comply with a legal obligation

7.

To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you

  • Identity
  • Contact
  • Profile
  • Usage
  • Marketing and Communications
  • Technical

Necessary for our legitimate interests (to study how Users use our products/services, to develop them, to grow our business and to inform our marketing strategy)

8.

To use data analytics to improve the Shawish Market Platform, our, Services, marketing, User relationships and experiences

  • Technical
  • Usage

Necessary for our legitimate interests (to define types of Users, to keep the Shawish Market Platform updated and relevant, to develop our business and to form our marketing strategy)

9.

To make suggestions and recommendations to you about goods or services that may be of interest to you

  • Identity
  • Contact
  • Technical
  • Usage
  • Profile
  • Marketing and Communications

Necessary for our legitimate interests (to develop the Shawish Market Platform and grow our business)

10.

Relevant for individuals related to partnering companies (e.g. Stripe)

  • Corresponding with partnering organisations
  • Invoicing, billing and other business enquiries related to the partnering organizations
  • General management of relationships with partnering organisations
  • Identity
  • Contact
  • Performance of a contract with partnering organisations
  • Necessary for our legitimate interests (to develop the Shawish Market Platform and grow our business)

 

6.1       Marketing 

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.

6.2       Promotional offers from us

We may use your Identity, Contact, and Profile data to offer promotions, discounts or other marketing material that may be relevant to you, subject to compliance with applicable law. You will receive marketing communications from us if you gave us your specific consent, have requested information from us, or purchased from us, and you have not opted out or withdrawn consent from receiving that marketing.

6.3       Third-party marketing

We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.

6.4       Opting out

You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you. Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience, or other transactions.

6.5       Cookies

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of the Services or the Shawish Market Platform may become inaccessible or not function properly. To view our Cookie Policy, please click here.

6.6       Change of purpose. 

We will only use your personal data for the purposes for which we collected it, unless otherwise required under applicable law, or if we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us. If we need to use your personal data for an unrelated purpose, we will obtain additional consent from you, or notify you and explain the legal basis which allows us to do so, depending of applicable privacy law.

 

7        Disclosures of your personal data

We may share your personal data with our third party service providers, agents, subcontractors and other associated organizations, our group companies and Affiliates to the extent necessary to complete tasks and provide the Services to you on our behalf. When using third-party service providers, they are required under written agreements, to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

We may disclose your personal data to the following entities:

  • fraud prevention agencies to help fight against financial crime including fraud, money-laundering and terrorist financing;
  • any third party as a result of any restructure, sale or acquisition of our group or any Affiliates, provided that any recipient uses your information for the same purposes as it was originally supplied to us and/or used by us; and
  • regulatory and law enforcement authorities, whether they are outside or inside of Canada, where the law allows or requires us to do so.

 

8        Data security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to come into contact with your personal data. They will only process your personal data on our instructions, and they are subject to a strict duty of confidentiality.

To determine the appropriate security measures for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data.

Depending on the nature of the risks presented by the proposed processing of your personal data, we will have in place the following appropriate security measures:

  • organisational measures (including but not limited to staff training and policy development);
  • physical measures;
  • technical measures (including but not limited to physical protection of data, pseudonymisation and encryption); and
  • securing ongoing availability, integrity and accessibility (including but not limited to ensuring appropriate back-ups of personal data are held).


However, it is important to understand that we cannot guarantee the security of personal data on the Internet and that you must also take precautions, such as not sharing your credentials with anyone. No method of information transmission or information storage is 100% secure or error-free, so we unfortunately cannot guarantee absolute security. If you have reason to believe that your interaction with us is no longer secure, please contact us immediately using the contact information provided at the beginning of this Privacy Policy. 

We have put in place procedures to deal with any suspected personal data breach and will notify you and any relevant regulator of a breach where we are legally required to do so.

 

9        Personal data retention

9.1       How long will you use my personal data for?

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

By law, we have to keep basic information about our Users for at least 5 years.
For the purpose of defending our legitimate interests against possible legal claims, please note that correspondence (e.g. email addresses and content, chats with the customer service team, call recordings etc.) will be kept up to 10 years, depending on the limitation period (a limitation period is a time period during which a claim can be made) applicable in your country, after the end of the relationship between us as a company and you as a User.

 

10    Your legal rights

Under certain circumstances, you have rights under the data protection laws in relation to your personal data. However, these rights may change depending on where you are located in the world. These rights generally include the right to access and correct your personal data, as well as the right to withdraw your consent to the processing of your personal data.  

Under the GDPR (if applicable to you), you have additional rights, such as the right to object to the processing of your personal data, the right to data portability, the right to erasure and the right to restrict the processing of your personal data. 

Those rights are listed below and are explained in Section 11 of this Privacy Policy:

  • Request access to your personal data.
  • Request correction of your personal data.
  • Request erasure of your personal data.
  • Object to the processing of your personal data.
  • Request restriction of processing your personal data.
  • Request transfer of your personal data.
  • Right to withdraw consent.


If you wish to exercise any of the rights set out above, please contact us at  shawishmarketprivacy@gmail.com
 

10.1    No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

10.2    What we may need from you

Please note that the law obliges us to use all reasonable measures to verify your identity when you request access to your personal data including a copy of your personal data. We will apply all reasonable measures to verify your identity when you request the erasure of your personal data as a malicious request for erasure may put at risk your interests. We may also contact you to ask you for further information in relation to your request to speed up our response.

10.3    Time limit to respond

We try to respond to all legitimate requests within 30 days. Occasionally, it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated. It’s possible that we cannot comply with your request, for instance, if it’s not applicable under the law. If we can’t process your request, we will provide you with explanations.

 

11    Legal Rights Explained

Depending of where you are located and of applicable privacy law, you may have the right to:

  • Request access to your personal data (commonly known as a "Data Subject Access Request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
  • Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
  • Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
  • Object to the processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
  • Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
  • If you want us to establish the data's accuracy.
  • Where our use of the data is unlawful, but you do not want us to erase it.
  • Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
  • You have objected to our use of your data, but we need to verify whether we have overriding legitimate grounds to use it.
  • Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen (where technically feasible), your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
  • Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.