Privacy Policy

Effective date: November 28, 2023

General

This User Privacy Policy applies to any Replay site, application, service, or tool (collectively “Services”) where this privacy notice is referenced, regardless of how you access or use them,including through mobile devices.  If you use our Services we ask that you review and understand our policies, including the Replay Interactive Technologies User Agreement (the “User Agreement”), which incorporates these User privacy policies (the “User Privacy Policy”) by reference, before you use our Services.  By using our Services, you are agreeing to all our rules and policies in the User Agreement.  The terms utilized in the User Privacy Policy have the meanings ascribed to them in the User Agreement unless otherwise defined in the User Privacy Policy.  Any use of the words “you” and “your” in this User Privacy Policy is a reference to you as the User and any use of the words“us” “we” and “our” is a reference to Replay as the platform operator that is providing you the Services.

We may amend this User Privacy Policy at any time by posting the amended version on this site including the effective date of the amended version.  If we make any substantial changes in the way we use your Personal Information, we will post an alert on this page and send an email to registered Users.  If you object to any such changes, you must cease using Replay. Continued use of Replay following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. 

If you have questions or concerns about our User Privacy Policy, please contact us by sending an e-mail to hello@replay.com.

User Consent

By accessing or otherwise using Replay,you agree to the terms and conditions of this User Privacy Policy.  You expressly consent to the processing of your Personal Information according to this User Privacy Policy.

“Personal Information” is information relating to an identified or identifiable natural person.  An identifiable natural person is one who can be identified, directly or indirectly, by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical,physiological, genetic, mental, economic, cultural, or social identity of that natural person.

We do not consider personal information to include information that has been anonymized or aggregated so that it can no longer be used to identify a specific natural person, whether in combination with other information or otherwise.

Your Personal Information may be processed and stored in other countries (including the United States) where laws regarding processing of Personal Information may be less stringent than the laws in your country.  Your Personal Information will not, however, be used or disclosed for purposes for which you have not given consent or which are not permitted under applicable law.

Regarding Children

Our Services are directed to a general audience and are not intended for children.  We do not knowingly collect personal information from users deemed to be children under their respective national laws.  

Collection of Information

Personal Information that You Provide:  In general, we collect Personal Information from you and any devices (including mobile devices) you use when you use our Services,register for an account with us, provide us information on a web form, update or add information to your account, participate in a chat, or when you otherwise correspond with us.  Some of this Personal Information, such as a way to identify you, is necessary to enter into our User Agreement. Theprovision of all other Personal Information is voluntary, but may be necessary in order to use our Services, such as the buying, bidding, or selling information needed to conclude a transaction.

We collect information that you submit in the process of creating or editing your account and User profile on Replay. When you sign up for Replay or otherwise engage in other activities that we make available on Replay, we will collect the information necessary to engage in such activity, which may include your contact information such as your address and phone number.  For example,our registration and login process requires you to provide us with a valid email address and password of your choice.  When you personalize your profile and use the features of Replay, we will collect any information you voluntarily provide, and we may also request optional information to support your use of Replay, such as your name, year of birth, gender, and other demographic information.  We collect information in the form of the content that you submit during your use of Replay, such as photos, reviews,ratings and other information you choose to submit. We may also collect information about you and your friends who use Replay, from any social network you may have connected from, in order to provide you with a more personalized experience.  For instance, we may collect your User ID or profile information that you have permitted to be displayed through Replay in order to display you as a friend or in association with your profile.

We have features that are used when you purchase an item or win an auction that require you to submit your credit card or other payment information which we collect and store so that our service providers can process your payment for the item.  We also collect transactional information based on your activity on Replay, such as buying, bidding,selling, billing, and any other information you provide to purchase or ship an item.  If you choose to sign up to receive information about products or services that may be of interest to you, we will collect your email address and other related information.  Additionally,we collect any information that you voluntarily enter, including Personal Information, into any postings, comments, or forums within the Replay community.

Replay may require you to submit additional Personal Information to authenticate yourself if we believe you are violating Replay policies, such as government issued identification or a utility bill to verify your address.  If you do not wish to share such information with us, you will be unable to complete any further transactions on Replay.

Personal Information from Other Sources:  We may receive Personal Information about you from other sources with which you have registered,companies who we have partnered with (collectively, “Partners”) or other third parties.  We may associate this information with the other Personal Information we have collected about you.

Email, Email Addresses, and Third-Party Messaging:  If you send an email to us, or fill out any “feedback” form through Replay, wewill collect your email address and the full content of your email, including attached files, and other information you provide.  We may use and display your full name and email address when you send an email notification to another User through Replay or the social network or third-party messaging platform from which you have connected to Replay or you use to communicate with others,whether or not they are Users, (such as in an invitation, or when sharing your content).  Additionally, we use your email address to contact you on behalf of other Users (such as when someone sends you a personal message) or notifications from a social network or other website with whom you have registered to receive such notifications.  We may use this email address to contact you for things such as notifications of promotions and other related information. You may indicate your preference to stop receiving further promotional communications as further detailed below.

Information Collected Via Technology: As you use Replay, certain information may also be passively collectedand stored on our, or our service providers’ server logs, including your Internet protocol address, browser type, type of device, operating system, andthe address of a referring website.  We may also place small data files onyour computer or other device. These data files may be cookies, pixel tags,Flash Cookies, Silverlight Cookies, or other local storage provided by your browser or associated applications (“Cookies”). We use these technologies to recognize you as a customer; customize Replay Services, content, and advertising; measure promotional effectiveness; help ensure that your account security is not compromised; mitigate risk and prevent fraud; and to promote trust and safety across our sites. We use Cookies and navigational data like Uniform Resource Locators (“URL”) to gather information regarding the date and time of your use of the Services and the information for which you searched and viewed.  In order to use our Services offered through Replay, your web browser must accept Cookies. If you choose to disable Cookies, some aspects of Replay may not work properly, and you may not be able to receive our Services. This type of information is collected to make Replay’s solutions more useful to you and to tailor the experience with Replay to meet your special interests and needs.

We may engage in remarketing to market our site or mobile application across the web.  When a User visits our site or uses our mobile application, a Cookie may be placed on the User’s computer or device.  Users with this Cookie may be targeted across advertising networks to receive relevant advertisements.  

An “Internet protocol address” or “IP Address” is a number that is automatically assigned to your computer or device when you use the Internet.  In some cases your IP Address stays the same from browser or web application session to browser or web application session;but if you use a consumer internet access provider, your IP Address probably varies from session to session.  We, or our service providers, may track your IP Address when you access Replay to assist with ad targeting.

We may also enable advertisers and ad servers to promote third-party products and/or services by placing advertisements on Replay.  These advertisers and ad servers may use Cookies and/or “Web Beacons” (which are usually small, transparent graphic images) in order to monitor information related to served advertisements. Clicking on such advertisements will direct you to the website of a third-party and the advertiser. This User Privacy Policy does not cover the privacy practices of any advertisers or ad servers.

Social Media:  We may allow you to share information with social media sites, or use social media sites to create your account or to connect your account with the respective social media site.  Those social media sites may give us automatic access to certain Personal Information retained by them about you (e.g., content viewed by you,content liked by you, and information about the advertisements you have been shown or have clicked on, etc.).  If you provide us with access to any site with video content, then you agree that we can share your video viewing with, or obtain information about your video viewing from, third-party social media sites for at least two years or until you withdraw authorization or connection to the social media site.  You control the Personal Information you allow us to have access to through the privacy settings on the applicable social media site and the permissions you give us when you grant us access to the personal information retained by the respective social media site about you.By associating an account managed by a social media site with your account and authorizing us to have access to this information, you agree that we can collect, use and retain the information provided by these social media sites in accordance with this privacy notice.  We may also use plug-ins or other technologies from various social media sites. If you click on a link provided via a social media plug in, you are voluntarily establishing a connection with that respective social media site.

Personal Information of Others: If you give us personal information about someone else, you must do so only with that person’s authorization. You should inform them how we collect,use, disclose, and retain their personal information according to our User Privacy Policy and User Agreement.

Use and Disclosure of Information

Except as otherwise stated in this User Privacy Policy, we do not sell, trade, rent, or otherwise share formarketing purposes the Personal Information that we collect with third parties,unless you ask or authorize us to do so.

In general, Personal Information you submit to us is used by us to provide you access to Replay; to improve Replay;to respond to your emails and other feedback; to provide customer service; to send you alerts, updates, administrative messages and otherwise facilitate your use of, and our administration and operation of, our Services; to monitor and analyze usage and trends; to resolve disputes; to better tailor the features,performance, and support of Replay; collect fees; to offer you additional information, opportunities, promotions and functionality from us, our partners or our advertisers at your request; and for any other purpose for which the information was identified at the time of collection.  Additionally, we may share your content preferences and other information with the social network with which you have connected to Replay, along with those companies and persons with which you have asked us to share your information.

We may provide your Personal Information to third-party service providers who work on behalf of or with usto provide some of the services and features of Replay and to help us communicate with you. Examples of such services include sending email,analyzing data, providing marketing assistance, processing payments (including credit card payments), and providing customer service.  We require our third-party service providers to agree not to use such information except as necessary to provide the relevant services to us. We may share some or all of your Personal Information (other than credit card information) with Sellers whose items you have purchased for their commercial purposes and to provision the item. If you do not want us to use or disclose Personal Information collected about you in the manner identified in this User Privacy Policy, do not use Replay.

Additionally, we may create anonymous information records from Personal Information by excluding information (such as your name) that would otherwise make the anonymous information personally identifiable to you (“Anonymous Information”).  Generally, we aggregate this information and use it in statistical analysis to help us analyze patterns in the use of Replay. This User Privacy Policy does not limit our use or disclosure of any Anonymous Information in any way, and we reserve the right to use and disclose Anonymous Information to our partners, advertisers and other third parties in our discretion.

In the event we go through a business transition such as a merger, acquisition by another company, or sale of all or a portion of our assets, your Personal Information may be among the assets transferred.  You acknowledge that such transfers may occur and are permitted by this User Privacy Policy, and that any acquirer of ours or that acquirer’s assets may continue to process your Personal Information as set forth in this User Privacy Policy.

By using Replay and providing us with your Personal Information, you understand and agree that we may disclose your Personal Information if we believe in good faith that such disclosure is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the User Agreement and policies, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Replay, its users and the public.  You hereby consent to us sharing your Personal Information under the circumstances described herein.

The Ability of Others to View Your Information.  Helping you to protect your information is a vital part of our mission.  It is up to you to make sure you are comfortable with the information, including Personal Information, you choose to provide us and the information, including Personal information, you choose to publish.  You understand that when you use Replay,certain information you post or provide through Replay, such as your name,profile, comments, collections, and reviews, may be shared with other Users and posted on publicly available portions of Replay, including without limitation,social media applications and other public forums in which you choose to participate. Please keep in mind that if you choose to disclose Personal Information when posting comments or other information or content through Replay,this information may become publicly available and may be collected and used by others, including people outside the Replay community of Users.  We will not have any obligations with respect to any information that you post to parts of Replay that are available to others, and recommend that you use caution when giving out personal information to others through social media networks or otherwise.

Third Party Sites and Advertising. Replay may contain links to other websites.  Please be aware that we are not responsible for the privacy practices or the content of such other websites.  We encourage our Users to read the privacy statements of each and every website they visit. This User Privacy Policy applies solely to information collected by us through Replay and does not apply to these third-party websites.  The ability to access information of third parties from Replay, or links to other websites or locations, is for your convenience and does not signify our endorsement of such third-parties, their products, their services, other websites, locations or their content.

Your Choices Regarding Your Personal Information. We offer you choices regarding the collection, use, and sharing of your Personal Information. You have a right at any time to stop us from contacting you for marketing purposes. When you receive promotional communications from us, you may indicate a preference to stop receiving further promotional communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the promotional email you receive or by contacting us.

Despite your indicated email marketing preferences, we may send you administrative emails regarding Replay, including,for example, administrative and transactional confirmations, and notices of updates to our User Privacy Policy.

Feedback

If you provide feedback to us, we may use and disclose such feedback for any purpose, provided we do not associate such feedback with your Personal Information.  We will collect any information contained in such feedback and will treat the Personal Information in it in accordance with this User Privacy Policy. You agree that any such comments and any email we receive becomes our property.  We may use feedback for marketing purposes or to add to or modify our services without paying any royalties or other compensation to you.

Security

We are committed to protecting the security of your Personal Information.  We use a variety of industry-standard security technologies and procedures to help protect your Personal Information from unauthorized access, use, or disclosure.  Even though we have taken significant steps to protect your Personal Information, you acknowledge that no company, including us, can fully eliminate security risks associated with Personal Information.

Staying Signed In

When you sign into your account on our Services, you stay signed into your account for a certain amount of time. If you are using a public or shared computer or mobile device, we encourage you to log out of our Services when you have finished using them.  You or any other user of the computer/browser/device you signed in on will be able to view and access most parts of your account and take certain specific actions during this signed in period without any further authorization.  The specific actions and account activities that you or any other user of this computer/browser/device may take include:

  • Buy, bid, or make an offer on an item;
  • Create item listings;
  • View the profile page;
  • Chat with other users;
  • Conduct after-sale activities, like leaving feedback, canceling orders, requesting returns or submitting claims; and
  • Change your password, User ID, update any other account information. 

 

You can typically end your signed in session by either signing out and/or clearing your Cookies. If you are using a public or shared computer or device, you should sign out and/or clear your Cookies when you are done using our Services to protect your account and your Personal Information.

Access, Correction, and Deletion of Your Personal Information

You can see, review, and change most of your Personal Information (except for Personal Information from posting and transacting) by signing into your account and editing it in the profile settings page.  Please update your Personal Information immediately if it changes or is inaccurate. Keep in mind, once you make a public posting, you may not be able to change or remove it.

You have the right to request a copy of the Personal Information that we hold about you.  If you would like a copy of some or all of your Personal Information, please contact us. We may charge a reasonable fee for this service.

We will honor any statutory right you might have to access, modify, or erase your Personal Information.  To request access and to find out whether any fees may apply, if permitted by applicable national laws, please contact us.  Where you have a statutory right to request access or request the modification or erasure of your Personal Information, we can still withhold that access or decline to modify or erase your personal information in some cases in accordance with applicable national laws.

If you request that we stop processing some or all of your Personal Information or you withdraw (where applicable)your consent for our use or disclosure of your Personal Information for purposes set out in this User Privacy Policy, we might not be able to provide you all of the Services and customer support offered to our Users and authorized under this User Privacy Policy and our User Agreement.

Upon your request, we will close your account and remove your Personal Information from view as soon as reasonably possible, based on your account activity and in accordance with applicable national laws.

Sharing Personal Information on Our Applications or Sites

Other Users have access to information you share on Replay.  For example, other Users can see your purchases, bids,items for sale, Communities of which you are a member, feedback, ratings,product reviews, and associated comments.  Other Users can also see any information you chose to share in your profile or in a post.  Moderators and Community Owners can see Personal Information including your name and may have access to a history of the actions you have taken, or have failed to take, as part of buying or selling items.  You agree that by using our Services you have approved the sharing of information, including Personal Information, with other Users as described in this User Privacy Policy.

When you use our Services, your public User ID may be displayed and available to the public and associated with all of your public Replay activity.  Notices sent to other Users about suspicious activity and notice violations on our sites may refer to your public User ID and specific items. If you associate your name with your User ID, the people to whom you have revealed your name may then be able to identify your Replay activities.

To help protect your privacy, we allow only limited access to other Users’ contact, shipping and financial information as necessary to facilitate your transactions and collect payments. However, when Users are involved in a transaction, they will share personal information to fulfill such transaction which may include each other’s name, UserID, email address and other contact and shipping information.

When you transact with another User,we enable you to obtain or we may provide you with the Personal Information of the other User (such as their name, account ID, email address, contact details,shipping and billing address) to complete the transaction.  Independent from us, you are the controller of such data and we encourage you to inform the other User about your privacy practices and respect the other User’s privacy.In all cases, you must comply with the applicable privacy laws, and must give the other User a chance to remove the other User from your database and a chance to review what information you have collected about the other User.

You may use the Personal Information that you have access to only for Replay transaction-related purposes, or for other services offered through Replay (such as escrow, shipping, fraud complaints, and member-to-member communications), and for purposes expressly consented by the User to whom the information relates.  Using Personal Information of other Users that you have access to for any other purpose constitutes aviolation of our User Agreement.

Third Party Privacy Practices

This User Privacy Policy addresses only our use and handling of Personal Information we collect from you in connection with providing you our Services.  If you disclose your information to a third party, or visit a third party website via a link from our Services, such third party’s privacy notices and practices will apply to any Personal Information you provide to the third party or the third party collects from you.

We cannot guarantee the privacy or security of your Personal Information once you provide it to a third party and we encourage you to evaluate the privacy and security policies of your trading partner before entering into a transaction and choosing to share your Personal Information.  This is true even where the third parties to whom you disclose Personal Information are Moderators, Buyers, Sellers, or Community Owners on our platform or websites.

Contact Us

If you have a question or a complaint about this User Privacy Policy or our information handling practices, you can reach us in writing at: Replay Interactive Technologies, Attn: Legal Department, 4101 E. Louisiana Ave, Suite 111, Denver, Colorado 80246.