Privacy Policy

Providing Our Services entails collecting and using your information. The Privacy Policy explains how we collect, use, and share your information. A Mall User must agree to both the Terms of Use (incorporated by reference) and the Privacy Policy to utilize The Mall.

Registration, Account Set Up, Our Services Usage, Profile:

 

How we collect information:

Currently:

  • Network availability and Device ID.

In the future we may use:

  • Device attributes, Device operations, Identifiers, Device Signals, Data from device settings, Network and connections, and/or cookie data.  

 

How we use your information:

  • Provide, personalize and improve Our Services. We use the information we have to deliver Our Services, including personalized features and content on your feeds (“For You” feed and “Your Weekly” feed), and make suggestions for you on Our Services. To provide content that is unique and meaningful to you, we use your connections, preferences, interests and activities based on the data we collect and learn from you and others based on what information you provide us; how you use and interact with Our Services; and the people, places, or things you have connected to and shown interest in on Our Services.

  • Product research and development. We use the information we have to develop, test and improve Our Services, including conducting surveys and research, and testing and troubleshooting new products and features.

  • Sponsored Content. We use the information we have about you, including information about your interests, actions and connections on The Mall to personalize Our Services to you.

  • Communicate with you.

 

How we share information:

  • People and accounts you share and communicate with.

  • Content others share or re-share about you.

  • Information about your active status or presence on Our Services.

  • Apps, websites, and third-party integrations on or using Our Services.

  • New owner. If the ownership or control of all or part of Our Services or their assets changes, we may transfer your information to the new owner.

 

Sharing with Third-Party Partners:

  • Vendors who use our analytics services. We provide aggregated statistics and insights that help Mall Vendors understand how people are engaging with their posts, listings, profiles, videos and other content on the The Mall. For example, Vendor administrators could have the option to receive information about the number of people or accounts who viewed, reacted to, or commented on their posts, as well as aggregate demographic and other information that helps them understand interactions with their Vendor Profile.

  • Vendors. The Mall may provide Mall Vendors with reports about the general demographics of people viewing their sponsored posts and how their posts are performing. The Mall does not share information that personally identifies you (information such as your name or email address that by itself can be used to contact you or identifies who you are) unless you give us permission. For example, we provide general demographic and interest information to Mall Vendors to help them better understand their audience and in the end, provide meaningful posts to the user.

  • Measurement partners. We share certain information about you with companies that aggregate it to provide analytics and measurement reports to our partners.

  • Vendors and service providers. When you buy something from a Vendor on Our Services, the Vendor can receive your public information and other information you share with them, as well as the information needed to complete the transaction, including shipping and contact details. The Mall provides information and content to Vendors and third-party partners who support our business, such as by providing technical infrastructure services, analyzing how Our Services are used, providing customer service, facilitating payments or conducting surveys.

  • Law enforcement or legal requests. The Mall will share information with law enforcement or in response to legal requests.

 

How you can manage and delete information:

  • We provide you with the ability to access, rectify, port and erase your data. The Mall stores data until it is no longer necessary to provide Our Services or until your account is deleted - whichever comes first.

  • Deleting your account. Things you have posted, such as your reposts, comments and collections will be deleted, and you won't be able to recover that information later. To delete your account at any time, please see the settings in your profile.

 

How we will notify you of changes to this policy:

  • We will notify you before we make changes to this policy and give you the opportunity to review the revised policy before you choose to continue using Our Services.

 

How to contact The Mall with questions:

 

Development of The Mall through information.

  • Organizing and analyzing information for our growing following is vital to Our Services. The Mall is focused on developing and exploring technologies that help us personalize, protect, and improve Our Services. Automated technologies help improve our functionality and integrity of Our Services.

 

Permissions granted to The Mall:

 

  • You grant us a license to use your content.

  • You grant us a license to use your username, profile picture, and information about your relationships and actions with accounts, ads, and sponsored content.

  • You grant us the ability to download and install updates to Our Services on your device.

 

Additional Rights:

  • We may suspend or terminate your username if we believe it is appropriate or necessary to do so.

  • We may remove content or information if we believe it disregards our policies or we are permitted or required by law to do so.

  • We may suspend or terminate your account if we believe it is appropriate or necessary to do so.

  • We retain all rights to our content, copyright material and intellectual property including but not limited to source code. 

 

Our Agreement and Disputes:

 

Our Agreement:

  • If you decide to use certain integrated features or related services, you will be provided with an opportunity to agree to additional terms that will also become a part of our agreement. For example, if you use payment features, see the “Payment Terms” section of this agreement. If any of those terms conflict with this agreement, those other terms will govern.

  • This agreement does not give rights to any third parties.

  • If any aspect of this agreement is unenforceable, the rest will remain in effect.

  • Any amendment or waiver to our agreement must be in writing and signed by us. If we fail to enforce any aspect of this agreement, it will not be a waiver.

  • We reserve all rights not expressly granted to you.

  • You cannot transfer your rights or obligations under this agreement without our consent.

  • Our rights and obligations can be assigned to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law.

 

Who Is Responsible if Something Happens:

 

Our Services are provided "as is," and we can't guarantee it will be safe and secure or will work perfectly all the time. TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

 

  • We also don’t control what people and others do or say, and we aren’t responsible for their (or your) actions or conduct (whether online or offline) or content (including unlawful or objectionable content). We also aren’t responsible for services and features offered by other people or companies, even if you access them through our Service.

  • Our responsibility for anything that happens on the Service (also called "liability") is limited as much as the law will allow. If there is an issue with our Service, we can't know what all the possible impacts might be. You agree that we won't be responsible ("liable") for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible. This includes when we delete your content, information, or account. Our aggregate liability arising out of or relating to these Terms will not exceed the greater of $100 or the amount you have paid us in the past twelve months.

  • You agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with these Terms or your use of the Service. You will cooperate as required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.

 

How We Will Handle Disputes:

  • Except as provided below, you and we agree that any cause of action, legal claim, or dispute between you and us arising out of or related to these Terms or The Mall ("claim(s)") must be resolved by arbitration on an individual basis. Class actions and class arbitrations are not permitted; you and we may bring a claim only on your own behalf and cannot seek relief that would affect other Mall users. If there is a final judicial determination that any particular claim (or a request for particular relief) cannot be arbitrated in accordance with this provision's limitations, then only that claim (or only that request for relief) may be brought in court. All other claims (or requests for relief) remain subject to this provision.

  • Instead of using arbitration, you or we can bring claims in your local "small claims" court, if the rules of that court will allow it. If you don't bring your claims in small claims court (or if you or we appeal a small claims court judgment to a court of general jurisdiction), then the claims must be resolved by binding, individual arbitration. The American Arbitration Association will administer all arbitrations under its Consumer Arbitration Rules. You and we expressly waive a trial by jury.

  • The following claims don't have to be arbitrated and may be brought in court: disputes related to intellectual property (like copyrights and trademarks), or efforts to interfere with Our Services or engage with Our Services in unauthorized ways (for example, automated ways). In addition, issues relating to the scope and enforceability of the arbitration provision are for a court to decide.

  • This arbitration provision is governed by the Federal Arbitration Act.

You can opt out of this provision within 30 days of the date that you agreed to the Terms of Use.

  • To opt out, you must send your name, residence address, username, email address or phone number you use for your Mall account, and a clear statement that you want to opt out of this arbitration agreement, and you must send them here: support@themallapp.co with a subject line of “ATTN: The Mall Arbitration Filing”.

  • Before you commence arbitration of a claim, you must provide us with a written Notice of Dispute that includes your name, residence address, username, email address or phone number you use for your Mall account, a detailed description of the dispute, and the relief you seek. Any Notice of Dispute you send to us should be emailed to support@themallapp.co with a subject line of “ATTN: The Mall Arbitration Filing”. Before we commence arbitration, we will send you a Notice of Dispute to the email address you use with your Mall account, or other appropriate means. If we are unable to resolve a dispute within thirty (30) days after the Notice of Dispute is received, you or we may commence arbitration.

  • We will pay all arbitration filing fees, administration and hearing costs, and arbitrator fees for any arbitration we bring or if your claims seek less than $10,000 and you timely provided us with a Notice of Dispute. For all other claims, the costs and fees of arbitration shall be allocated in accordance with the arbitration provider's rules, including rules regarding frivolous or improper claims.

  • For any claim that is not arbitrated or resolved in small claims court, you agree that it will be resolved exclusively in the U.S. District Court for the Eastern District of New York or a state court located in Suffolk County New York.

  • You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim.

 

Personal Payment Information:

 

Overview:

  • Protecting the privacy of your financial information is important to us. Please review the details below to see what information we share, what we do not share, and how we keep we keep your information safe.

  • The Mall maintains records associated with transactions on Stripe and does not pass any secure data, including credit card numbers or bank account information, to any sellers. Sellers will only receive shipping information and limited buyer account information necessary to complete the order.

 

Third-Party Services:

  • The Mall has engaged third-party service providers to perform many of the services related to payment processing, including card processing, currency exchange, identity verification, fraud analysis, and regulatory compliance.

  • The Mall partners with Stripe to facilitate card payments and other payments and the disbursement of funds to sellers. To view Stripe’s Privacy Policy, please visit: https://stripe.com/privacy

  • The Mall may share your personal or transactional information with these third-party service providers when it's necessary to process payments.

  • By using a third-party service, you may also be subject to an agreement with the third party.

  • We may revoke your eligibility to make payments on the The Mall at any time at our sole discretion.

Warranties and Liability:

  • Warranties. You acknowledge that any products or services you may purchase are sold by merchants, not by us. WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD ON OR THROUGH THE MALL.

  • The Mall has no liability for underlying transactions. When you enter into a transaction with a Mall Vendor and have a dispute over the goods you purchased we have no liability for the goods or services underlying the transaction.  Our only responsibility is to handle your payment transaction. All payments are final unless otherwise required by law. If you order something that becomes unavailable before it can be provided to you, you may request a refund of your payment.

  • Duty to notify us. If you believe that an unauthorized or otherwise problematic transaction has taken place under your account, you agree to notify us immediately, so that we may take action to prevent financial loss. Unless you submit the claim to us within 30 days after the charge you will have waived, to the fullest extent permitted by law, all claims against us arising out of or otherwise related to the transaction.

  • Intervention. We may intervene in disputes concerning payments that may arise when you enter into a transaction with a Mall Vendor, but we have no obligation to do so.

  • Technical difficulties. If you experience a technical failure or interruption of service that causes your payment to fail, you may request that your transaction be completed at a later time.

 

Notices and Amendments to These Payments Terms:

 

  • Notice to you. By using the payments features on The Mall, you agree that we may communicate with you electronically any important information regarding your payments or your account. We may also provide notices to you by posting them on our website, or by sending them to an email address or street address that you previously provided to us. Website and email notices shall be considered received by you within 24 hours of the time posted or sent; notices by postal mail shall be considered received within three (3) business days of the time sent.

  • Notice to us. Except as otherwise stated, you must send notices to us relating to payments on The Mall and these Payments Terms by email to: support@themallapp.co with a subject line of “Payment Terms”.

  • Amendment guidelines. We may update these Payments Terms at any time without notice as we deem necessary to the full extent permitted by law. The Payments Terms in place at the time you confirm a transaction will govern that transaction.

 

General Terms:

  • Conflict of terms. All of the commitments you make in our Terms apply to your use of payments features on The Mall. In the event of any conflict between these Payments Terms and the Terms, the Community Payments Terms shall prevail.

  • Conflict of laws. Some countries may restrict or prohibit your ability to make payments on The Mall. Nothing in these Payments Terms should be read to override or circumvent any such foreign laws.

 

Updating These Terms:

  • We may change Our Services and policies, and we may need to make changes to these Terms so that they accurately reflect Our Services and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account.

 

Revised: May 09, 2019

The Mall, Inc.