At Homecookout, we really care about privacy. We strive to be transparent about what information we collect, and how we use, share and retain it.
This Privacy Policy explains our privacy practices for Homecookout.com (which we’ll refer to as the "Site").
This policy applies to our registered buyers (“Buyers”) and sellers (“Sellers”) (together, our “Members”), those who purchase items on Homecookout without an account (“Guests”) and anyone else who visits our Sites or uses our Services (together with our Members and Guests, “you” and “your”). If you are not a registered Member or a Guest, please see our Non-Member Privacy Policy for further information about how we may collect and use your information, available as the last section in this Privacy Policy.
This policy does not apply to the practices of third parties that you may choose to share information with when you use the Services. Please note that the collection and use of your information by these third parties is subject to their own privacy policies and terms. You should understand the privacy and security practices of any third party before you share information with them.
It is important for you to understand how we use your information. You should read this policy in full, but some key points to help you navigate the policy are:
What Does This Privacy Notice Cover?
This Notice outlines how and why we collect, use, disclose, retain and otherwise process, and protect, personal information or equivalent information, which is protected by applicable privacy laws, in connection with our dealings with Homecookout Marketplace Retailers (“sellers”, “data subjects”, or “residents”) and potential sellers, who have applied to join the Homecookout Marketplace. This Notice also explains what rights the individuals referred to above have in respect of our processing of their personal information.
This Notice applies to sellers, sellers who are sole traders, and individuals engaged by corporate sellers, or potential sellers particularly where these individuals will be involved in accessing and using the Homecookout Marketplace on behalf of the corporate seller.
In case of any contradictions between the provisions outlined in this Notice, the provisions of the pertinent, country-specific section will prevail.
Reference to “you” or “your” in this Notice are to the individuals described above.
What Personal Information Do We Collect?
We may collect the following categories of personal information. Not all categories may be collected about every individual:
How Do We Use Your Personal Information?
We may use the personal information we collect from you, for the following purposes and on the following lawful bases, as defined in the General Data Protection Regulation (GDPR):
Purpose For Processing | Lawful Basis For Processing under GDPR |
To process and decide the outcome of a potential seller’s application to join the Homecookout Marketplace, including by carrying out onboarding checks in relation to a potential seller.
This includes checking potential sellers against the Office of Foreign Assets Control (OFAC) list of countries, regions, organizations and individuals who are sanctioned by the US Federal Government and checking press releases relating to potential sellers. | Processing that is carried out to check against the OFAC list is necessary for compliance with a legal obligation to which we are subject.
Otherwise, processing is necessary for our legitimate interests in:
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To create and maintain the relevant seller account and enable and maintain access by the seller to the Homecookout Marketplace. | Processing is necessary for our legitimate interests in:
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To handle seller claims, complaints and other communications. | Processing is necessary for our legitimate interests in:
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To settle seller payments. | Processing is necessary for our legitimate interests in:
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To inform and deliver seller training and development. | Processing is necessary for our legitimate interests in:
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To fulfil customer orders, or requests for services, and provide customer services. | Processing is necessary for our legitimate interests in:
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To provide IT and administration services and support. | Processing is necessary for our legitimate interests in:
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To conduct auditing and monitoring of transactions and engagement. | Processing is necessary for our legitimate interests in:
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To conduct business analysis, such as analytics, projections, identifying areas for operational improvement, and to grow our business, including identifying potential sellers. | Processing is necessary for our legitimate interests in:
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To inform enhancements to our services, systems, and processes. | Processing is necessary for our legitimate interests in:
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To maintain and update our operational and technical functionality. | Processing is necessary for our legitimate interests in:
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To fulfil our legal and compliance functions or obligations, including external and internal requirements and policies in relation to business management, security, auditing, accounting, and insurance. | Processing is necessary for:
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To enforce legal rights or defend or undertake legal proceedings. | Processing is necessary for:
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To send marketing to you and/or the relevant seller and manage our marketing campaigns in connection with the Homecookout Marketplace, to gain marketing insights and to personalize our service offering. | Our lawful basis for processing, is that you (or the relevant seller organization, as applicable) has consented to receiving marketing/personalization from us. |
To analyze how sellers and users are using the Homecookout Marketplace. | Processing is necessary for our legitimate interests in:
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To send relevant service notifications to sellers in relation to the Homecookout Marketplace. | Processing is necessary for our legitimate interests in:
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To prevent and detect fraud and deception. | Processing is necessary for our legitimate interests in:
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In line with CFPB (Consumer Financial Protection Bureau) 1071 (which is a federal rule in the US) we may process details of ethnicity, race, and gender information about the owners of US seller organizations. | Processing is necessary for compliance with a legal obligation to which we are subject. |
For carrying out tax calculations and in connection with the tax exemption program. | Processing is necessary for compliance with a legal obligation to which we are subject. |
To carry out credit checks in order to determine eligibility for merchant cash advances. | Processing is necessary for our legitimate interests in ensuring our sellers are likely to be able to comply with the repayment terms of a merchant cash advance. |
How Do We Collect Personal Information?
We collect personal information from you in a variety of ways. It may be:
Provided Directly by You or the Marketplace Seller
You, or the marketplace seller, may provide personal information to us in various ways, such as when you, or the marketplace seller, engage with us for onboarding, account management, and otherwise using the Homecookout Marketplace.
Collected Through Automated Means
We may automatically collect personal information from devices that you (or anyone from your household) uses to interact with the Homecookout Marketplace, as well as from your interaction with emails that we send to you. The personal information we automatically collect may include Device and Online Identifiers.
When you visit or interact with a Homecookout Marketplace website, we may obtain certain personal information by automated means, such as cookies. For more information about our use of cookies please visit the Homecookout Marketplace Cookie Notice.
Obtained from Other Companies Within Our Family
We may obtain your personal information from another organization within our corporate family of companies.
Obtained from External Third-Party Sources
As part of our standard Homecookout Marketplace seller onboarding process and to help control seller risk throughout the entire seller lifecycle, we may receive personal information from third party sources, including:
Who Do We Disclose to & Why?
The categories of personal information that we collect may be provided to other companies, including those within our corporate family for the purposes described above.
We may also provide your personal information to third parties, such as law enforcement, courts, or other legal or government bodies when legally required to do so by law when we believe that this will help to protect the safety, property, or rights of Homecookout, our customers, our associates, or other persons. We may also share to respond to a request from law enforcement, search warrant, or other valid legal inquiry, or to respond a court or other investigative body in the case of an alleged breach of an agreement or violation of law. Further may also share with service providers that help with our business activities; with our banks, credit reference agencies; insurers and brokers; and with those that have or may acquire control or ownership of our business.
Your personal information may, in addition, be disclosed to regulatory authorities, for example, in response to consumer protection inquiries.
Please see the “Categories of Personal Information We Disclose to Third Parties” table below for more detail on how we provide your personal information to third parties. We require our service providers to keep your personal information secure, and we do not allow our service providers to use or disclose your personal information for any purpose other than providing services on our behalf.
We may anonymize your personal information and disclose the resulting aggregated information that does not identify you or a household (directly or indirectly) (“deidentified data”) with third parties for any purpose including industry analysis and demographic analysis.
Categories of Personal Information We Disclose to Third Parties
We may disclose your personal information to certain categories of third parties, as described below.
Category of Third Party | Categories of Personal Information Disclosed | Reason |
Service Providers |
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Research Consultants |
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Auditors |
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Professional advisors |
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Banks, credit reference agencies; insurers and brokers |
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Those that have or may acquire control or ownership of our business |
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Where Do We Store and Process Personal Information?
We take steps to ensure that the personal information we collect is processed according to the provisions of this Notice and the requirements of applicable data protection laws wherever the personal information is located. Personal information collected by Homecookout will be processed and stored in the United States. If personal information is transferred from the United States to another jurisdiction outside the United States, the transfer will be in accordance with applicable data protection laws.
How Long Do We Retain Your Personal Information?
We will retain your personal information for as long as reasonably necessary to fulfil the purposes we collected it for as set forth in this Privacy Notice or any other notice provided at the time of collection, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal information for a longer period in the event of a complaint, investigation, or if we reasonably believe there is a prospect of litigation in respect to our relationship with you, or the organization that you work for. However, we will not retain your information for any longer than is required or permitted under applicable law or internal Homecookout policy. We dispose of the personal information that we collect in accordance with Homecookout retention policies and procedures.
How Do We Secure Your Personal Information?
We use reasonable information security measures, in compliance with data protection laws, including physical, administrative, and technical safeguards. Learn more about measures you can take to protect the security of your personal information.
Third-Party Links
The Homecookout Marketplace may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or disclose personal information about you. We may not own or control these linked online services or third-party features, and we are not responsible for the information practices of the third parties that have ownership or control over them. In some cases, these third parties operate independently from us, which means their privacy practices are not covered in this Notice. We recommend that you review their privacy statements to learn about these third parties' privacy practices, including details on the personal information they may collect about you.
What Are My Jurisdictional Privacy Rights?
California
California residents, see our California Privacy Notice for information about our privacy practices and your California privacy rights.
Canada
You may request that we:
Your request must be detailed enough to allow us to identify the documents or other media containing the personal information you wish to access. Once we receive your written request, we may need to validate your identity and the reason for your request. If you’d like an authorized agent to exercise your privacy rights for you, they may use the same links described above to submit requests. We require documentation demonstrating your agent’s authority to submit requests on your behalf. For example, a notarized power of attorney or other documentation, including a letter, signed by you authorizing the agent to submit your requests.
For your protection, we only fulfill requests for the personal information associated with the email address that you identify in your request, and we may need to take other steps to verify your identity before taking any action. If we can’t verify your identity, we will notify you, and your Privacy Request may not be processed.
When permitted by law, we may charge an appropriate fee to cover the costs of responding to your request. These fees, if any, are reasonable and are usually limited to the cost of transcription, reproduction or transmission.
If you make a request, we will confirm that we have received your request and let you know if we need further information. We typically fulfill your request within one month unless the request is particularly complex, or we receive multiple requests from you. In these cases, we may extend the time period but we will always let you know. Please note that we may refuse your Privacy Request where we are entitled to do so under applicable law.
We will not discriminate against you for exercising your privacy rights. We will not deny you goods or services, charge different prices or rates, provide a different level of service or quality of goods, or suggest that you might receive a different price or level of quality for goods. Some programs or services require usage of personal information to function, so compliance with your request may impact those experiences.
If you have a concern about the way we addressed your Privacy Request, use this tool to find the right organization to contact or reach out to the appropriate provincial or federal privacy commissioner.
Hong Kong
You have the following rights where Hong Kong Special administered Region data protection laws apply (subject to certain conditions and limitations):
Mexico
You have the following rights where Mexico data protection laws apply (subject to certain conditions and limitations):
Once you submit your request you will receive a response in 20 business days. If your request is approved it will be processed within 15 business days.
When you submit your request you must attach: copy of your official ID, if you are acting by your legal representative you must attach copy of the power of attorney that appoints you a legal representative and copy of the official ID.
Turkey
You have the following rights where Turkey data protection laws apply (subject to certain conditions and limitations):
UK and EEA
You have the following rights where UK or EU data protection laws apply (subject to certain conditions and limitations):
Depending on whether UK and/or EU data protection laws apply you may have the right to make a complaint to the Information Commissioner’s Office (ICO), the UK regulator for data protection issues, and/or to the data protection supervisory authority in your jurisdiction. We would, however, always appreciate the chance to deal with your concerns before you approach a supervisory authority. Contact details for the ICO are available here. For a list of EEA data protection supervisory authorities and their contact details see here.
Vietnam
You have the following rights where Vietnam data protection laws apply (subject to certain conditions and limitations):
If we are unable to comply with your request in whole or in part, we will notify you with reasons for the denial when necessary to do so under the law.
Under the Decree, Vietnamese citizens also have certain obligations that apply to personal information. These obligations include:
What Are the Potential Harms from Data Processing? We respect the trust that you place in us and the privacy of the information that you share, and we use reasonable information security measures to protect your personal information. However, there are risks presented by personal data processing, such as accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data transmitted, stored, or otherwise processed which may lead to physical, material, or non-material damage.
This notice (“Notice”) explains how Homecookout (“we,” “us,” or “our”) collects, uses and stores your information even if you don’t have an Homecookout account and have not used our services (we’ll refer to you as “you” or a “Non-Member” in this policy). If you are a Non-Member, the controller responsible for your information is Homecookout, Inc.
We collect, receive and use information about Non-Members in connection with certain Homecookout features and Services (as defined in our Privacy Policy). The types of information we collect and receive, their sources and our legal basis for using that information are set out in the table above.
We work with vendors that act as our service providers and provide services like data hosting and infrastructure services. This means that Non-Members’ information will be transferred or transmitted to, or stored and processed in, third countries outside of the European Economic Area (“EEA”) for the purposes described in this Notice.
Where available we rely on decisions of the European Commission, known as "adequacy decisions," recognizing that certain countries offer a level of protection of personal data that is essentially equivalent to the EEA. A list of adequacy decisions is available here via the European Commission website.
Otherwise, we primarily rely on the European Commission’s Standard Contractual Clauses for the international and onward transfer of personal data outside of the EEA to third countries, including, for example, to the United States and India. This includes transfers from Homecookout Ireland UC to Homecookout, Inc. and its other affiliates. You can request a copy of our Standard Contractual Clauses by emailing privacy@Homecookout.com.
Depending on the local laws applicable, you may have certain rights with respect to your data, under data protection law, including the right to access, rectify, port, and erase your information, as well as the right to restrict and object to certain processing of your personal information (“Data Subject Rights”). To exercise your Data Subject Rights, contact us by submitting a message to our contact address provided below.
Who Can You Contact About the Privacy Notice?
Contact our Customer Service Team or write the Homecookout Privacy Office with any questions or comments about this Notice or about how we handle your personal information. The Privacy Office’s address is:
privacy@homecookout.com