PRIVACY STATEMENT

Recommerce B.V., also trading as BuyVive Recommerce B.V. is committed to protecting the privacy of users of the entire BuyVive website environment. Please read this privacy statement carefully before using the website environment.

1. Definitions

Recommerce: Recommerce B.V., also trading as BuyVive, a Dutch private limited liability company registered with the Dutch Chamber of Commerce under number 42142030, establishment number 000066467705, with its registered address at Bijsterhuizen 2029, 6604 LH Wijchen, the Netherlands.

BuyVive Website Environment: the entire online environment of BuyVive, including all websites, online shops, customer portals, forms and other online features provided by or on behalf of Recommerce that refer to this privacy statement.

Applicable Privacy Legislation: applicable privacy legislation, including the General Data Protection Regulation (GDPR), the Dutch GDPR Implementation Act, the Dutch Telecommunications Act and any applicable sector-specific legislation.

Agreement: the agreement between a customer and Recommerce or a third party concerning the purchase, sale, delivery, processing of returns or other services relating to products.

Personal Data: any information relating to an identified or identifiable natural person processed by Recommerce.

Privacy Statement: this privacy statement.

Processing: any operation or set of operations performed on personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, updating, alteration, retrieval, consultation, use, disclosure, dissemination, combination, restriction, erasure or destruction.

Controller: the natural or legal person who, alone or jointly with others, determines the purposes and means of processing personal data.

Processor: a party that processes personal data on behalf of the controller.

Website Visitor: anyone who uses the BuyVive Website Environment.

2. Scope of this Privacy Statement

2.1. This Privacy Statement applies to all use of the Website and governs the processing of Personal Data through the Website.

2.2. The BuyVive Website Environment may contain links to third-party websites or services, including sales platforms and payment service providers. Recommerce is not responsible for these third parties’ compliance with Applicable Privacy Legislation. Please also consult their own privacy notices.

2.3. This Privacy Statement applies to processing activities for which Recommerce acts as controller. Where Recommerce processes personal data solely on behalf of another party, that party is generally responsible for determining how data subjects are informed.

3. Processing of Personal Data

3.1 Recommerce may obtain your personal data directly from you; automatically through your use of the BuyVive Website Environment; from other users; from our clients, resellers and suppliers; from service providers; from sales platforms and marketplaces; from group companies; and, where necessary and lawful, from publicly available sources. Where Recommerce does not obtain personal data directly from you, it will inform you in accordance with Article 14 GDPR unless a statutory exception applies.

3.2 Depending on how you use our services and your relationship with Recommerce, we may process the following personal data:
a) Name and address details;
b) Information about orders, sales, purchases, deliveries, returns, repairs, warranties and refunds;
c) Email address;
d) Username, password and authentication details;
e) IP address and other technical information about your browser, device, website use and session;
f) Payment and invoicing details;
g) Telephone number;
h) Product information, including serial number, IMEI, grading, technical condition and repair or return details;
i) Curriculum vitae and other job application information (only where applications are submitted through the website environment);
j) Communications and other information you provide through forms, customer service, email, chat or other contact channels;
k) Cookie data and similar online identifiers, as further described in the Cookie Statement.
3.3 Recommerce processes personal data only in accordance with Applicable Privacy Legislation.
3.4 Recommerce uses personal data only for the purposes described in this Privacy Statement.
3.5 Please do not provide special-category personal data or personal data relating to criminal offences through the website environment unless Recommerce expressly requests it and a valid legal basis exists.

4. Purposes and Legal Bases for Processing

4.1 Recommerce collects and processes personal data only for the purposes set out below:
a) Performance of an agreement: to process orders and payments, deliver, sell and purchase goods, handle returns, refunds, warranties, repairs and complaints, and collect or settle amounts due. Legal basis: Article 6(1)(b) GDPR.
b) Communication and account management: to communicate with you about orders, returns, your account, the website environment and complaints, and to retain account details so that you do not need to enter them each time. Legal basis: Article 6(1)(b) GDPR and, where appropriate, Article 6(1)(f) GDPR. The legitimate interests are efficient service provision, customer relationship management, and the security of accounts and communications.
c) Marketing: to send newsletters and offers. Recommerce obtains prior consent where legally required. For offers concerning its own similar products to existing customers, Recommerce may rely on its legitimate interest in direct marketing, subject to statutory conditions. You can unsubscribe at any time free of charge. Legal basis: Article 6(1)(a) or (f) GDPR, together with applicable electronic communications rules.
d) Customer service: to handle enquiries, complaints, returns, warranty claims and service requests. Legal basis: Article 6(1)(b) and/or Article 6(1)(f) GDPR. The legitimate interests are providing proper customer service and establishing, exercising or supporting legal claims.
e) Training and events: your Personal Data is used when you register to attend training or events organised by Recommerce or third parties engaged by Recommerce. This Processing is based on consent (Article 6(1)(a) GDPR) or is necessary for Recommerce to perform the agreement you have entered into with Recommerce to attend training or an event (Article 6(1)(a) GDPR).
f) Assessment and inspection of returned products and coordination of logistics: to receive, register, inspect, grade, test, store, restore, repackage, ship and prepare returned products for sale. Legal basis: Article 6(1)(b) GDPR where necessary for an agreement with the data subject, or Article 6(1)(f) GDPR where necessary for a legitimate business interest of Recommerce or a client, following a balancing assessment.
g) Prevention of fraud, misuse and security incidents: to secure the website environment, accounts, transactions and business operations, and to investigate suspected misuse or fraud. Legal basis: Article 6(1)(f) GDPR. The legitimate interest is protecting data subjects, Recommerce and third parties against fraud, misuse and security incidents.
h) Legal obligations: including financial and tax administration, product safety, product recalls and compliance with valid requests from competent authorities, insofar as a specific legal obligation applies to Recommerce. Legal basis: Article 6(1)(c) GDPR.
i) Job applications: where applications can be submitted through the BuyVive Website Environment, to assess and process applications. Legal basis: Article 6(1)(b) GDPR for precontractual steps and, where appropriate, Article 6(1)(f) GDPR for a careful and efficient recruitment process.

4.2 If Recommerce wishes to use personal data for a purpose other than that for which it was obtained, Recommerce will first assess whether the new purpose is compatible or whether a new legal basis and additional information are required.

5. Processing of Personal Data by Third Parties

5.1 Recommerce shares personal data with third parties only where necessary and lawful. Where a third party acts as processor, Recommerce enters into the arrangements required by the GDPR, including  those concerning security, confidentiality and assistance with the exercise of data subjects’ rights.

5.2 Recommerce may share personal data with group companies, suppliers, clients, resellers, marketplaces and sales platforms, IT and hosting service providers, payment service providers, banks, credit insurers, carriers, returns, repair, recycling and logistics providers, customer service providers, professional advisers and competent authorities, insofar as necessary and lawful.

5.3 The data protection role of each third party is determined by the actual processing activities. A third party may be a processor, an independent controller or a joint controller.
5.4 Applying for jobs via LinkedIn or Indeed:
a) Applying using your LinkedIn account:
Short on time and want to apply quickly? You can do so in just 10 seconds. By clicking the “Apply via LinkedIn” button, you authorise LinkedIn to send us your details. The application fields will be completed automatically, except for your telephone number. But LinkedIn sends us more information, and you should know what it includes: your photo, headline and profile summary are shared. Instead of your CV, LinkedIn sends us a PDF containing almost your entire LinkedIn profile (specifically your location, skills, experience and education). It also sends us the URL of your LinkedIn account. This is quick and convenient, but if you want more control over what you share with us, please apply in the usual way. That will take no more than one minute.
b) Applying using your Indeed account:
Short on time and want to apply quickly? You can do so in just 10 seconds. By clicking the “Apply via Indeed” button, you authorise Indeed to send us your details. The application fields will be completed automatically, except for your telephone number. Indeed also sends us more information, and you should know what it includes: your photo, current job title and CV are shared. This is convenient, but if you want more control over what you share with us, please apply in the usual way. That will take no more than one minute.

6. Security and Transfers Outside the EEA

6.1 Recommerce implements appropriate technical and organisational security measures to protect personal data against misuse, loss, alteration, unauthorised disclosure and unauthorised access.

6.2 Recommerce aims to process personal data within the European Economic Area (EEA). Where personal data is processed outside the EEA, Recommerce ensures a valid basis for the transfer and appropriate safeguards, such as an adequacy decision or the applicable European Commission Standard Contractual Clauses, and supplementary measures where necessary.

6.3 In accordance with Article 13(1)(f) GDPR, you may request information about the applicable safeguards and how to obtain a copy by contacting the address provided in Section 12.

7. Retention Periods

7.1 Recommerce does not retain personal data for longer than necessary for the purposes for which it was collected, unless a statutory retention obligation, ongoing dispute or the establishment, exercise or substantiation of a legal claim requires longer retention.

7.2 The retention period for each processing activity is determined on the basis of: (i) the duration of the customer, account or contractual relationship; (ii) the period for which the data is required for the relevant purpose; (iii) applicable statutory retention obligations; (iv) applicable limitation periods and claim periods; and (v) the need to investigate fraud, misuse or security incidents. For questions about the retention period for a specific category of personal data, please use the contact details in Section 12.

7.3 When personal data is no longer needed and there is no valid reason to retain it, Recommerce deletes or anonymises it.

8. Cookies

8.1 To ensure that the BuyVive Website Environment functions properly, Recommerce may use cookies and similar technologies.

8.2 Recommerce may use functional cookies, analytics cookies and, subject to prior consent where legally required, tracking and marketing cookies.
8.3 Recommerce requests prior consent for non-essential cookies where required by law. Consent can be withdrawn through the cookie preference centre as easily as it was given.
8.4 Refusing or withdrawing consent for non-essential cookies does not affect strictly necessary functions, but may affect personalisation and additional features.
8.5 Cookies are small pieces of information stored by the browser on the Website Visitor’s computer. Recommerce uses different types of cookies for different purposes.
a) Functional cookies
Cookies needed for the Website to function properly, including cookies required to create an account.
b) Analytics cookies
Cookies that provide insight into how visitors use the Website or parts of it, allowing Recommerce to improve the Website and make it as relevant as possible to visitors’ interests
and needs. Recommerce uses information obtained through these cookies only at an aggregated level, not to examine an individual’s website use.
c) Tracking cookies
These cookies allow us to recognise returning visitors to our sites. By comparing an anonymous, randomly generated identifier, a tracking cookie records where visitors to our websites came from, which search engine they used, which link they clicked, which search terms they used and where they were located when they opened the website. Tracking this information helps us improve our website.
8.6 A list of all tracking and analytics cookies used is provided in our Cookie Statement.
8.7 Where legally required, Recommerce will request the Website Visitor’s unambiguous prior consent through the cookie pop-up. Prior written consent is not required for strictly necessary functional cookies.
8.8 A distinction can be made between session cookies (which are used each time you visit a website and expire after you leave) and cookies stored on your device for a set period (sometimes a few hours, sometimes a year or longer), which are not deleted when you close your browser. Recommerce’s software is configured so that these cookies cannot be used for other purposes. Cookies do not interfere with the Website Visitor’s system or damage their files.
8.9 If you do not want cookies to be placed on your computer, you can change your browser settings to receive a warning before cookies are stored. You can also configure your browser to reject all cookies or only third-party cookies, and delete cookies that have already been stored. Please consult your browser’s instructions for changing these settings.

9. Your Data Protection Rights

9.1 To the extent provided for by the GDPR, you have the right of access, rectification, erasure, restriction of processing, data portability and objection. You also have the right to withdraw consent at any time, without affecting the lawfulness of processing carried out before withdrawal.

9.2 You may object to processing for direct marketing at any time; Recommerce will then stop that processing. For other processing based on legitimate interests, you may object on grounds relating to your particular situation. Recommerce will stop that processing unless it demonstrates compelling legitimate grounds that override your interests, rights and freedoms, or the processing relates to the establishment, exercise or defence of legal claims.

9.3 You can exercise your rights using the contact details in Section 12. Recommerce may request additional information to verify your identity. Recommerce will generally respond within one month. Where legally permitted, this period may be extended by two months; Recommerce will inform you of the extension and the reasons for it in good time.

9.4 You have the right to lodge a complaint with the Dutch Data Protection Authority (Autoriteit Persoonsgegevens) at www.autoriteitpersoonsgegevens.nl, or with another competent supervisory authority in the Member State where you habitually reside, work or where the alleged infringement occurred.

10. Mandatory Provision of Data and Automated Decision-Making

10.1 Where providing personal data is a statutory or contractual requirement, or necessary to enter into or perform an agreement, Recommerce will make this clear when collecting the data. Without the necessary information, Recommerce may be unable to create an account, process an order or payment, deliver a product or handle a return, warranty or service request.

10.2 If Recommerce does not make decisions based solely on automated processing, including profiling, that produce legal effects concerning you or otherwise significantly affect you, this will be stated. If Recommerce does use such decision-making, it will also explain the underlying logic, significance and expected consequences, together with the applicable safeguards and rights.

11. Personal Data on Returned Products and Storage Media

11.1 Products registered or returned through the BuyVive Website Environment may contain personal data. Before shipping a product, remove your accounts, SIM cards, external storage media and personal data, and restore the device to its factory settings where possible. Back up any data you wish to keep beforehand.

11.2 Where Recommerce erases data, it does so in accordance with the applicable operational arrangements and with appropriate security measures. Where Recommerce acts solely on the instructions of a business customer, its data protection role is determined by the actual processing and the applicable agreement.

12. Contact and Data Protection Officer

For questions about this Privacy Statement, Recommerce’s privacy procedures, the processing of your personal data or the exercise of your rights, please contact:
Recommerce B.V.
For the attention of: Privacy Officer
Bijsterhuizen 2029
6604 LH Wijchen
The Netherlands
Email: compliance@copaco.com
Recommerce has appointed an external Data Protection Officer (DPO). The DPO’s name and personal contact details are not published. The DPO can be contacted using the contact address above.

13. Other Provisions

13.1 Recommerce may delete your account at any time without notice. In such a case, Copaco will not owe the customer any compensation as a result of the termination of the account.
13.2 Recommerce reserves the right to amend this Privacy Statement. The most recent version will be published in the BuyVive Website Environment. Recommerce will inform data subjects of material changes in an appropriate manner.
13.3 If any provision of this Privacy Statement conflicts with the law, this will not affect the validity of the remaining provisions.