Privacy Policy

At CA Marketplaces, Inc. ("Marketplaces"), we are committed to providing our members with the best features and service in the online marketplace management industry, and to protecting the information provided on, to and through the use of our site and services. In order to provide a site and services that we believe are appropriate for all our registered users, the following User Policy and Privacy Policy specify the applicable requirements for each user.

User Policy

This User Policy sets forth the policies, terms and conditions applicable to your use of the Marketplace sites, services, software and products. This Policy, along with the applicable agreement with Marketplaces that you acknowledged or executed and Marketplaces accepted or executed, governs your right to use the same. Marketplaces may add, delete, or modify this Policy, and/or its sites and their features and services, at any time without notice. Changes to this document will be posted on the Marketplaces site. All amended terms shall automatically be effective 5 days after they are initially posted on the Marketplaces' site. This Policy is effective as of October 31, 2007.

Eligibility

Marketplaces' services are available only to entities and persons who can form legally binding contracts under applicable law and may not be transferred or sold to another party. Without limiting the foregoing, Marketplaces' services are not available to minors or to person whose access Marketplaces suspends or terminates. If you do not qualify, you should not use the Marketplaces services.

To open a Marketplaces.com account, a member must submit a valid name, address, phone number, and email address. To take advantage of Marketplaces' seller features, a member must submit valid credit card and billing information. Required information is necessary for billing purposes, to provide and change necessary services, to resolve problems with a member's service, and/or to create and inform members of features and services that may better meet their needs.

You are responsible for the confidentiality of your username and password. In the event of a security breach, you are responsible for all charges incurred on your respective account(s) prior to notification of said breach to Marketplaces at support@channeladvisor.com.

Service Use and Access

Marketplaces act as a passive conduit for your online distribution and publication of products, services and information. Your use of the Marketplaces site is at your own discretion and risk. You are solely responsible for any and all loss of data, damage to data or damage to your computer system resulting from any material or use of said material obtained from or through Marketplaces or its sites.

Marketplaces' site acts as a venue to allow just about anything, from anywhere and at anytime, to be bought or sold through either a storefront or an auction site. Marketplaces is not involved in the actual transaction between buyers and sellers, and as a result, has no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. Additionally, Marketplaces cannot ensure that a buyer or seller will actually complete a transaction.

Marketplaces does not monitor or control the information or material provided by users through Marketplaces' system. You may find some user's information to be offensive, harmful, inaccurate, or deceptive, and should therefore use caution when using Marketplaces sites. Because the Marketplaces services are available via the Internet, please be aware that there are risks of dealing with minors, people acting under false pretense or foreign nationals.

Marketplaces' site and services are only intended for use with selling through online auction sites, storefront sites, and/or your own web site and shall not be used to: transmit or offer any unsolicited "spam" or unsolicited advertising; engage in fraud or other illegal activity; infringe on the intellectual property rights of others; upload, email or transmit any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or that may interfere with or disrupt the normal flow and operation of any system.

While using our sites or services, you shall not interfere, or attempt to interfere, with or disrupt our sites or services, and the servers or networks connected to our site, and shall not in any way interfere or attempt to interfere with any transaction conducted on our site.

While using our sites or services, you shall comply with any and all applicable laws, statutes and ordinances and with any and all terms and conditions of your agreement(s) with Marketplaces and any and all third parties to the extent such are applicable.

Marketplaces retains the right to block, suspend or deny access to the Marketplaces site, and/or our services, to any person or entity, in our sole discretion.

Content

The products, services, information and material that you and your customers, buyers or users provide while accessing, using or conducting business with or through the Marketplaces sites: (a) shall not be false, inaccurate or misleading; (b) shall not involve counterfeit or stolen items; (c) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) shall not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) shall not be defamatory, libelous, unlawfully threatening or unlawfully harassing; (f) shall not be obscene or harmful to minors; (g) shall not contain any viruses, Trojan horses, worms, time bombs or other harmful code or item that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (h) shall not link directly or indirectly to or include any products, services, information or materials that are prohibited under this Agreement.

The content you provide in using our services, including but not limited to data, images, communications and other materials transmitted to our site or transmitted relative to services offered on our site, and any such content offered on our site for your use will be used solely for the purpose of selling through online auctions, storefronts, and your own web site. Any and all HTML or similar coding generated on our site for your use will be used in its entirety without modification.

Without limiting any other remedies, Marketplaces may suspend or terminate your account if Marketplaces suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with Marketplaces' site. Additionally, Marketplaces retains the right to remove any and all content you provide in using our services, including but not limited to data, images, communications and other materials transmitted to our site or transmitted relative to services offered on our site, at any time, at our sole discretion.

Please also review what items and images constitute Prohibited and/or Restricted Content when utilizing Marketplaces.

Provision and Access to Sites and Services

Your use of our site is at your own discretion and risk. You are solely responsible for any and all loss of data, damage to data or damage to your computer system resulting from any material or use of said material obtained from or through our site and/or company. Marketplaces may add, delete, or modify the site and/or features and services at any time.

Copyright and Infringement

Marketplaces respects copyright laws and expects you to do the same. If you believe that infringing content is being hosted on our site, please provide Marketplaces with the following information:

Privacy Policy

Marketplaces protects personally identifying and financial information from disclosure to third parties without the consent of the member, except as required by subpoena, search warrant or other legal process, or in the case of imminent physical harm to the member or other persons. Marketplaces may use a member's information to investigate and help prevent potentially unlawful activity or activity that threatens the Marketplaces website and/or its network or otherwise violates the Marketplaces Terms of Service.

To facilitate transactions, we collect information related to each transaction, such as the amount and the necessary identifying information, including but not limited to the account numbers or email addresses of the parties involved. This information is securely transmitted to third parties to facilitate the transaction.

We use data collection devices such as "cookies" on certain pages of the Site to help analyze our web page flow, measure promotional effectiveness, and promote trust and safety. "Cookies" are small files placed on your hard drive that assist us in providing our services. We offer certain features that are only available through the use of a cookie. We also use cookies to allow you to enter your password less frequently during a session. Cookies can also help us provide information that is targeted to users' interests. Most cookies are "session cookies," meaning that they are automatically deleted from your hard drive at the end of a session. You are always free to decline our cookies if your browser permits, although in that case you may not be able to use certain features on the Site and you may be required to reenter your password more frequently during a session.

We may track certain information through the use of JavaScript code and third party Web Site Analytics providers. This information is based upon your behavior and navigation on our site, including Marketing, Checkout and Storefront pages. We use this information to do internal research on our users' demographics, interests, and behavior to better understand, protect and serve you and our community of customers. This information may also be made available to Marketplaces customer to evaluate performance and effectiveness of their E-Commerce StoreFront. This information does not contain any personally identifying information. It may include the URL that you just came from (whether this URL is on the Site or not), which URL you next go to (whether this URL is on the Site or not), your computer browser information, and your IP address.

Marketplaces may offer optional questionnaires and surveys on our site for such purposes as collecting demographic information or assessing members' interests and needs. The use of such information will be explained in the survey itself. Our online surveys ask visitors for demographic information (like their zip code, age, or income level). Demographic and profile data is also collected at our site. We use this data to tailor our visitor's experience at our site, to show them content that we think they might be interested in, and to display the content according to their preferences. This information may be shared with others on an aggregate basis.

Members must maintain the confidentiality of their password. If you believe the security of your password has been compromised, Marketplaces recommends that you change it immediately. Your password and other information can be changed in the Profile area of the Settings tab.

Marketplaces collects information from non-registered buyers that is passed on to a member, respective to a transaction between the two.

Marketplaces supplies links to other websites. When you use a link and go to a different site, you are no longer protected by Marketplaces' Privacy Policy and you should read the Privacy Policy of the different site, as it may differ form Marketplaces' policy.

Marketplaces has implemented technology and security features and strict policy guidelines to safeguard the privacy of your confidential information from unauthorized access or improper use, and we will continue to enhance our security procedures. However, even the safest security systems are not foolproof and members should consider this when revealing any confidential information to any party over any form of media.

Marketplaces will amend this Privacy Policy as necessary, and will post notices to such change on the Marketplaces website.

If you have questions or concerns regarding this Privacy Policy, please send an inquiry to Diana.Allen@channeladvisor.com .