Updated 4.15.24
Please read this Privacy Policy (this “Policy”) carefully to understand how The Folklore Group, Inc 26 Broadway, New York, NY 10004 (“The Folklore” or “we”) processes personal information. This Policy describes how The Folklore processes personal information of its users and other visitors browsing the Site (“users”) in connection with the Site and other services provided by The Folklore.
By accessing or using Thefolklore.com (each, the “Site”), as well as by registering to a The Folklore account, you acknowledge that you have read and understood this Policy. This Policy may change from time to time; any changes we make to this Policy will be posted on this Site, we will also take any other steps, to the extent required by applicable law, including notifying you about material changes. Changes to this Policy are effective as of the stated "Last Updated" date. We recommend that you check the Policy periodically for any updates or changes.
1. Information Collected
You directly provide us with most of the information we collect when you register to the Site, use it, or complete forms. We also collect information about your communications with The Folklore as well as any of your posts on our blogs or forums and your communication with other users of The Folklore. In addition, we automatically collect information while you access, browse, view or otherwise use the Site and receive information from third party vendors or other available sources.
2. Legal Basis
Where relevant under applicable laws, all processing of your personal information will be justified by a "lawful ground" for processing.
3. Collected Information
We use personal information to provide you with quality service and security, to operate the Site, to perform our obligations to you and to develop, improve and personalize our service; to ensure marketplace integrity and security; to prevent fraud; to contact you and send you direct marketing communications; to promote and advertise the Site, our services and The Folklore marketplace; to comply with lawful requests by public authorities and to comply with applicable laws and regulations.
4. How Long We Keep Information
We will keep personal information only for as long as is required to perform the purpose for which it was collected. However, in some cases we will retain personal information for longer periods of time.
5. Minors
This Site is offered and available to users who are at least 18 years of age and of legal age to form a binding contract. Minors under 18 and at least 13 years of age, are only permitted to use the Site through an account owned by a parent or legal guardian with their appropriate permission. Minors under 13 are not permitted to use the Site or The Folklore services. We do not knowingly collect personal information from children under 13.
6. Sharing Information
We share personal information with third parties in order to operate the Site, provide our services to you, perform obligations imposed on us by applicable laws and regulations, and prevent fraud, infringements and illegal activities. When you publish your information and/or share your data with other The Folklore users, you do so at your own risk. While our Terms of Service require Sellers to keep the information shared with them confidential, The Folklore cannot ensure that all users will do so and it is your responsibility to ensure that other users will comply with your standards.
7. Where We Process Information
Some of the personal information you provide to us will be stored or processed on our behalf by third party suppliers and data processors and may be located in other jurisdictions. Whether to third parties or internally, there are also transfers of personal information from the European Economic Area (“EEA”) to countries outside of the EEA not deemed to provide an adequate level of data protection from a European data protection perspective, such as the United States.
8. Do Not Track (DNT)
Do Not Track (DNT) is a privacy preference that users can set in some web browsers, allowing users to opt out of tracking by websites and online services. Our Site does not respond to DNT signals.
9. External Links
The Site contains links to third party sites and if you link to a third party site from the Site, any data you provide to that site and any use of that data by the third party are not under the control of The Folklore and are not subject to this Policy and are not subject to this Policy. You should consult the privacy policies of each site you visit. This Policy applies solely to personal information collected by our Site.
10. Security
We implement technical and organizational measures to maintain the security of the Site, our services, and your personal information and in preventing unauthorized access, loss, misuse, alteration, destruction or damage to it through industry standard technologies and internal procedures. The transmission of data via the internet is not completely secure, and although we will do our best to protect your personal information, we cannot guarantee the security of your data transmitted to the Site.
Further information about our data security practices can be provided on request.
11. Specific Provisions for EU, EEA and UK Users
This section of the Policy applies to you if you are in the EU, the European Economic Area (EEA) or UK.
The Controller (within the meaning of the EU and UK General Data Protection Regulation (“GDPR”)) for the processing of personal data as described in this Privacy policy is The Folklore Group, Inc 26 Broadway, New York, NY 10004
11.1 Under applicable EU regulation, you have the following rights in respect of your personal information:
a. to obtain information about how and on what basis your personal information is processed and to obtain a copy;
b. to rectify inaccurate personal information;
c. to erase your personal information in limited circumstances where (i) you believe that it is no longer necessary for us to hold your personal information; (ii) we are processing your personal information on the basis of legitimate interests and you object to such processing, and we cannot demonstrate an overriding legitimate ground for the processing; (iii) where you have provided your personal information to us with your consent and you wish to withdraw your consent and there is no other ground under which we can process your personal information; and (iv) where you believe the personal information we hold about you is being unlawfully processed by us;
d. to restrict processing of your personal information where: (i) the accuracy of the personal information is contested; (ii) the processing is unlawful but you object to the erasure of the personal information; (iii) we no longer require the personal information for the purposes for which it was collected, but it is required for the establishment, exercise or defense of a legal claim or (iv) you have objected to us processing your personal information based on our legitimate interests and we are considering your objection;
e. to object to decisions which are based solely on automated processing or profiling;
f. where you have provided your personal information to us with your consent, to ask us for a copy of this data in a structured, machine-readable format and to ask us to share (port) this data to another data controller; or
g. to obtain a copy of or access to safeguards under which your personal information is transferred outside of the EEA.
11.2 Under certain circumstances, you may have the right to object, on grounds relating to your particular situation, to the processing of your personal data by us and we may be required to no longer process your personal data. Moreover, if your personal data is processed for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing. In this case your personal data will no longer be processed for such purposes by us.
11.3 To exercise your rights please contact us as stated in the “Contact Us” section.
11.4 In addition to the above, you have the right to lodge a complaint with a supervisory authority for data protection. Please note that the right of access and the right to erasure do not constitute absolute rights and the interests of other individuals may restrict your right of access or erase in accordance with local laws.
11.5 In addition to the above, you have the right to lodge a complaint with a supervisory authority for data protection. Please note that the right of access and the right to erasure do not constitute absolute rights and the interests of other individuals may restrict your right of access or erase in accordance with local laws.
12. Specific Provisions for US Residents
This section of the Policy applies to you, if you are a United States resident (depending on where you live) and is subject to certain exceptions.
12.1 During the last twelve (12) months we have collected the following categories of personal information from users:
a. Information that you chose to upload or otherwise provided by you to The Folklore, which may include: (i) identifiers and personal information, such as name, postal addresses, online identifiers, email addresses, passport number or driving license number, social security number; (ii) characteristics of protected classifications, such as gender, facial image, audio, electronic or similar information; (iii) professional or employment-related information; (iv) education information; (v) commercial information; (vi) audio or other sensory information, for example if you provide audio-based services on The Folklore.
b. Information we collect when you use The Folklore, including (i) identifiers and personal information, such as online identifiers, internet protocol (IP) addresses, access device and connection information such as browser type, version, and time zone setting and browser plug-in types and versions; (ii) commercial information, including products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies; (iii) internet or other electronic network activity information, including, but not limited to log-in and log-out time, the duration of sessions, the content uploaded and downloaded, viewed web-pages or specific content on web-pages, activity measures; and (iv) location information.
c. Information that we collect or receive from third parties, such as service providers, advertisers, and third-party accounts you link with The Folklore, including: (i) identifiers and personal information, such as name, online identifiers, email addresses, internet protocol (IP) addresses, access device and connection information such as browser type, version, and time zone setting and browser plug-in types and versions; (ii) professional or employment-related information; (iii) internet or other electronic network activity information, including, but not limited to log-in and log-out time, the duration of sessions, the content uploaded and downloaded, viewed web-pages or specific content on web-pages, activity measures; (iv) commercial information; and (v) location information.
d. Inferences drawn from any of the information identified above to create a profile about you.
12.2 In the preceding twelve (12) months, we have disclosed all the categories of personal information detailed above for business purposes.
12.3 You are entitled to the following rights, subject to certain exceptions, in relation to personal information related to you:
a. You have a right to request access to the personal information we have collected about you over the past 12 months, including: (i) the categories of personal information we collect about you; (ii) the categories of sources from which the personal information is collected; (iii) the business or commercial purpose for collecting your personal information; (iv) the categories of third parties with whom we have shared your personal information; (v) the specific pieces of personal information that we have collected about you.
b. You have a right to request that we delete personal information related to you that we collected from you under certain circumstances and exceptions.
c. You have a right to correct the personal information you provided us with.
d. You have a right to opt out of selling your personal information.
e. You have a right to opt out of targeted advertisement.
f. You also have a right not to be discriminated against for exercising your rights.
g. You also have a right to submit your request via an authorized agent. If you use an authorized agent to submit a request to access or delete your personal information on your behalf, the authorized agent must: (i) be a person or business entity registered with the relevant Secretary of State to conduct business in relevant state; (ii) provide proof of such registration; and (iii) provide documentation or other proof indicating that they are authorized to act on your behalf. We may also require you to verify your identity directly with us, and directly confirm with us that you provided the authorized agent permission to submit the request.
13. Updating Personal Information
We take steps to ensure that the personal information we collect is accurate and up to date, and we provide you with the opportunity to update your information through your account profile settings. In the event that you believe your information is in any way incorrect or inaccurate, please let us know immediately. We will make sure we investigate the matter and correct any inaccuracies as quickly as possible where necessary or give you ways to update it quickly or to delete it - unless we have to keep that information for legitimate business or legal purposes.
If you delete your User Generated Content (“UGC”), as defined in the Terms of Service, from the Site, copies of your UGC may remain viewable in cached and archived pages, or might have been copied or stored by other Site users. Proper access and use of information provided on the Site, including UGC, is governed by our Terms of Service.
14. Contact Us
You can exercise your rights over your personal information, by emailing contact@thefolklore.com. Please include all the relevant details, so your ticket can be handled correctly. We will process any requests in line with any local laws and our policies and procedures.