Last Updated: January 21, 2019
BSAMPLY (“we” or “us”) recognizes the importance of privacy as well as the maintenance of confidentiality in relation to personal data. Central to our mission is building transparency into the raw materials sourcing experience. To do that we want to be transparent about the data we collect about you, how your data is used, and with whom it is shared. For this reason, this privacy and cookies policy describes what information is collected from the BSAMPLY website (“Site” or bsamply.com), in which way such information is collected, used, disseminated, transferred and stored.
Our registered users, “Buyers” and “Suppliers”, share their professional identities, communicate, and share material and business information. There are some pages accessible to non-registered users (“Visitors”).
For all users of BSAMPLY’s services, Bsamply, Inc. is your data controller, which will control the collection of your personal data as well as the processing as it relates to our services.
1. Personal Data We Collect
BSAMPLY does not collect more information than strictly necessary to provide services to users and protect their accounts.
1.1 Reasons We Collect Personal Data
The user authorizes BSAMPLY to collect data for:
- improve, manage and maintain bsamply.com
- verify the user’s identity
- verify the requirements to become a user of the Sites
- provide services and information requested by the user
- allow and facilitate communication between buyers and suppliers on the Sites and perform user transactions on the Sites
- assess account security and transaction risks for members by detecting and preventing fraud and other security incidents
- customize the communication between BSAMPLY and the user based on the navigation logs, the information of the devices collected and the history of his orders, and perform research or statistical analysis in order to improve the Sites content and layout, to improve the offers of our products and services for promotional and marketing purposes
- provide services and information requested by the user
- any other reason described in this document
1.2 Data You Submit to Us
1.2.1 Buyer Registration and Profile & Company Details
You provide data to create a buyer account on BSAMPLY. In order to register as a buyer on BSAMPLY, we collect some basic information used to identify you, contact you about your account, and verify that you represent a material buyer or related company in fashion and textile industry. This information includes your: Full Name, Email Address, Company Name, Company Website (optional), Telephone Number, Company Address / Location, and Role at your Company.
You create a Buyer Profile and Specify your Preferences. You have choices about the information on your profile, such as a profile picture, what products you design, your sourcing preferences, what materials you’re looking for, your Tax ID / VAT number and other information. You don’t have to provide additional information on your profile; however, profile information helps you get more out of our services, including connecting with suppliers and getting leads. It’s your choice whether to include sensitive information on your profile and to make that information public. Please do not post or add personal data to your profile that you would not want to be publicly available. In the event that the user voluntarily provides information to the Sites, the consent to the publication of such information on the Sites will be implicitly assumed.
1.2.2 Supplier Registration
You provide data in order to be represented and host materials on BSAMPLY. In order to register as a supplier on BSAMPLY, we collect company and material information from you as well as contact information for your account representatives. The full list of information collected can be viewed in your contract.
1.3 Service Use
We log your visits and usage of our Services. We log usage and analytics data when you visit or otherwise use, such as when you view or click on materials or supplier showrooms, perform a search, other otherwise interact with the site. We use log-ins, cookies, device information, internet protocol (“IP”) addresses to identify you and log your use. This analytics information is processed by Google Analytics and Google Adwords.
Google Analytics and Google Adwords are an internet analysis services provided by Google Inc., 1600 Amphitheater Parkway Mountain View, California, 94043, USA (“Google”). Google Analytics is used to gather aggregate usage information on our services. We use this information to identify potential product improvements. Google Adwords is used to understand marketing performance.
Google Analytics uses “cookies”, which are text files stored on your computer and used to analyze the use of the Sites. For example, Google cookies allow you to tell what pages users of the platform see, which are more popular, to what time of day the Site has been visited, if users have previously visited the Site, from which site users have been redirected to the Site and the like. The data generated by the cookie on the use of the Site will be transmitted to Google and stored by Google on servers in the United States.
The website uses an IP address anonymization tool so that IP addresses are truncated within the territory of the Member States of the European Union and the other members of the agreement on the European Economic Area. Non-truncated IP addresses are only exceptionally transmitted to Google servers in the United States and then truncated there.
You can find more information here.
For blocking analytics such as Google Analytics we recommend you download Google’s official Google Analytics Opt-out Browser Add-on here. https://tools.google.com/dlpage/gaoptout
The user recognizes and accepts that, through the continuous use of the Sites, cookies will be used on his computer or mobile device.
1.5 Messages & In-site Communication
If you communicate using our services, we learn about that.
We collect information about you when you send, receive, or engage with messages or other similar features of our site. For example, if you send or receive an order inquiry, we can see whether you have acted on it and may send you reminders. This function is usually performed by our site admins. BSAMPLY can also display both incoming and outgoing messages. Note that it is your choice to share sensitive information in any message or communication on BSAMPLY. Please do not send any information that you would not like associated with your business or BSAMPLY account.
1.6 Workplace Provided Information
When your employer or agent creates an account for you or adds you to an account, they give us data about you.
As bsamply.com is a business-to-business focused site, others creating an account for your use, such as your employer or agent, may provide us with personal data about you. For example, a Supplier user may give a specific user to access their Supplier dashboard and in doing so provide us with that user’s email address and a password.
In cases where personal data of third parties are provided, the user guarantees to have collected the specific consent from the interested parties. The responsibility for the data provided is always on the provider.
1.7 Billing, Order, and Shipping Information
When you order something from BSAMPLY, we collect information required to complete that transaction.
bsamply.com offers users the ability to order a Sample from Suppliers as well as submit order inquiries. In order to complete these interactions, we may need to collect info such as shipping address, shipping terms, courier account number, payment information and billing address. It is important for us to collect this information in order to process the transaction and ensure users properly receive their materials.
BSAMPLY, Inc. strives to maintain the highest safety standards, but the transmission of information via the Internet is not completely secure. Therefore, even if BSAMPLY will do its best to protect the information collected, it is not possible to guarantee the security of data transmitted on the platform. Any transmission is at the risk of the user.
1.8 Publicly Available Business Information
We verify your business by collecting publicly available information
In order to verify that a user truly represents a relevant fashion, textile, or other related business BSAMPLY may document some publicly available company information, such as a company’s website address, a company’s name, a company’s advertised specialty, a company’s address, and other related information publicly available.
1.9 Email Activity
We promote our Services to you and others. If you receive emails from us, we can see how you interact with them.
If the user has opted to receive email notification from BSAMPLY, we may collect some statistics on email activity in order to better understand our audience. This will be activity such as the number of email opens, email clicks, email forwards, and unsubscribes.
1.9.1 Opt out of receiving emails
You can unsubscribe from our regular emails at any time by clicking on the Unsubscribe link in the footer of the email you have received. Alternatively, you may email us at firstname.lastname@example.org. Please allow 48 hours for your email address to be removed from our system.
2. How We Use Personal Data
How we use your personal data will depend on which features of bsamply.com and related sites you use and your settings. We use the data you provide us to connect you with Buyers or Suppliers (depending on if you are a Buyer or Supplier respectively), tailor our marketing and email correspondence so that they are the most useful to you, and ensure that we can improve our user experience as well as other services, and then, improve, manage and maintain bsamply.com.
To use the services and products of BSAMPLY, users must provide certain categories of data (which may include Personal Data), such as user name, address, telephone number and e-mail address. In the event that users do not provide sufficient data marked as necessary, BSAMPLY may not be able to complete the registration process or provide certain products or services. It is important that all personal information that the user provides when registering, or otherwise when using the platform, is verified and accurate.
2.1.1 Data Controller.
2.1.2 Personal Data We Collect
We always collect the e-mail address and password provided by the user by registering a BSAMPLY account. We also process the following categories of personal data, which the registered user chooses to provide to us:
- contact details such as name, social security number, address, e-mail address, telephone number;
- account settings.
- order history;
- delivery data;
- payment history.
2.1.3 Place of storage of personal data
The activity may require the transfer of Personal Data to States outside the European Economic Area (EEA), including States that may not provide the same level of data protection as yours, such as the United States and China. BSAMPLY takes all the appropriate measures to ensure that the recipient of Personal Data is bound by confidentiality obligations and implements measures such as standard contractual clauses.
2.1.4 Method of processing
Personal data may be processed by means of paper archives, computer files (including portable devices) and by electronic means (email, certified email) in compliance with the rules of lawfulness, legitimacy, confidentiality and security required by the current legislation. The processing is carried out by means of operations or complex of operations such as: collection, recording, organization, storage, consultation, processing, modification, selection, extraction, comparison, use, interconnection, communication, cancellation and destruction of data.
2.1.5 Recipients of personal data
Your data may be disclosed to third parties, for technical and operational requirements strictly related to the purposes set out above and, in particular, to the following categories of subjects:
- entities, professionals, companies or other structures in charge of processing related to the fulfillment of administrative, accounting and management obligations related to the execution of the existing contractual relationship and to company activities;
- public authorities and administrations for the purposes related to the fulfilment of legal obligations or
- persons entitled to access it by virtue of provisions of national or EU law;
- banks, financial institutions or other persons to whom the transfer of the aforesaid data are necessary for the fulfilment of contractual obligations assumed on your behalf;
- legal advisor, accountant, labour consultants for the purpose of the study and the resolution of any legal problems related to the existing contractual position.
2.1.6 Profiling and dissemination of data
Your personal data are not subject to any fully automated decision making process, including profiling.
2.1.7 What is the legal basis for processing personal data?
The legal bases for collecting and using the personal data described in this policy will depend on the type of data and specific context for which it is collected. We collect information in order to enter into or perform a contract with you, with your consent, to comply with legal obligations or to act within a legitimate interest. The processing of the user’s personal data for managing the account is based on his consent, issued at the time the BSAMPLY account was created.
When the use of your information is based on consent, you may withdraw such consent at any time without affecting the legality of consent-based processing prior to withdrawal. The provision of personal data is optional. However, the failure to provide personal data will make it impossible for BSAMPLY to start with a commercial relationship or any other related obligations
2.1.8 Purpose of the treatment
The legal basis for processing personal data includes the processing that is:
- necessary for the implementation of the contract between the user and BSAMPLY (for example to provide the services you request and to identify and authenticate the user so that you can use the Website);
- necessary to comply with legal obligations (for example to comply with applicable accounting rules and to make mandatory disclosures to law enforcement agencies);
- necessary for legitimate interests (for example to manage the relationship with the user, to guarantee the security of services and to improve services and the Site); and based on customer consent (for example, to enter certain cookies and communicate with the user regarding products and services).
The failure to provide personal data will make it impossible for us to process commercial contracts and any other related obligations, as well as to manage business relations properly.
2.1.9 Rights of the Users
BSAMPLY guarantees the following rights to the Users:
- Right of access: the User has the right to request information about his/her personal data in our possession at any time. The User can contact BSAMPLY, who will provide all personal data by e-mail.
- Right of portability: every time BSAMPLY processes the User’s personal data by automated means based on the User’s consent or based on an agreement, the User has the right to obtain a copy of the data transferred in a structured and electronically readable format. This includes only the personal data sent to BSAMPLY’s Users.
- Right of modification: the User has the right to request the correction of personal data if they are not correct. He/she may also request integration of data, if incomplete.
- Right of erasure: the User has the right to request cancellation of any personal data processed by BSAMPLY at any time, except for the following situations: i) the User has a contractual relationship with BSAMPLY; ii) the User has an open debt with BSAMPLY or a pending dispute with the latter. We will retain your personal data relating to the contractual relationship made in accordance with the applicable legislation.
- Right of opposition based on legitimate interests: the User has the right to object to the processing of personal data based on the legitimate interest of BSAMPLY. The Data Controller will not continue to process personal data unless it is able to demonstrate legal reasons or legitimate basis for processing, which will override the User’s interests and rights,
- Right to oppose to direct marketing: the User has the right to oppose to direct marketing. In this regard, it is specified that the User can choose not to accept direct marketing, by sending an email to email@example.com or by following the instructions in any marketing email.
- Right of restriction: the User can request to BSAMPLY to limit the processing of personal data in the following circumstances: i) if the User opposes to the processing of BSAMPLY based on a legitimate interest, BSAMPLY will limit all processing of such data until the moment when the legitimate interest is verified; ii) if the User declares that the personal data are not correct, BSAMPLY must limit all processing of such data until the verification of their accuracy and the adoption of the consequent changes; iii) if the processing is not legitimate, the User can oppose to the deletion of personal data and instead request a restriction on their use.
2.1.10 How to exercise your rights
BSAMPLY is equipped with dedicated personnel able to handle requests concerning the User’s rights listed above. To this end, BSAMPLY can be contacted at: firstname.lastname@example.org.
2.1.11 Right of complaint to the competent supervisory authority
You may file a complaint with a supervisory authority if you believe that processing of Personal Data violates applicable law.
2.1.13 How long are personal data stored?
We keep personal data until the user is an active customer. The user has the right to delete his account at any time. If he decides to do so, the account will cease to exist and the user will be considered inactive. However, we consider the user of the inactive account, even if – even if he has not canceled his account – he has not issued an order within 10 years. In such cases, we retain the personal data of the user, in case legal or disputes are in progress.
BSAMPLY Services help connect Buyers and Suppliers, facilitate any kind of order, keep trends up to date and improve your Sourcing experience.
We use your information to provide the following services.
2.2.1 Connect with Suppliers
Our services allow Buyers to connect with Suppliers who may help them in sourcing their next material collection. To do so Buyers may send a message, submit an order inquiry, or order a Sample from a Supplier. Subject to which action the Buyer takes, the Supplier will be able to see the Buyer’s profile information as well as send communications back to the Buyer.
It is your choice to send communications to a Supplier, submit an order inquiry, order a Sample, view a Material, view a Showroom, or save a material to a Mood Board.
Additionally, if you request to be introduced to a supplier by emailing email@example.com we may send a message to that supplier on your behalf.
2.2.2 Keep Up to Date with Trends
If you have opted in to receiving emails from us, we may process your activities on bsamply.com as well as information you have provided in your profile and preferences in order to send you trend and material information that is relevant to you.
We may also tailor the information you see in your Buyer Feed based upon your profile information and preferences.
2.3 Order Inquiries
BSAMPLY processes your payment information, shipping information, and other information to complete transactions and orders.
When you order a Sample or submit and order inquiry on BSAMPLY we process your payment information and shipping information, including but not limited to account numbers, billing information and delivery information, credit/debit card numbers, expiry dates and security code and order tracking informations as well as certain other information (such as IP address) in order to confirm the transaction and ensure you get sent the correct materials.
To process your shipping information, billing information and other information required to complete the transaction will be shared with the Supplier whom you are ordering from.
We contact you and enable you to communicate with other users on the Site. You may control what messages you receive.
We may contact you through email, phone (if provided), via notices on bsamply.com, or in your bsamply.com inbox. You can control some of the communications you receive from us in your Email Preferences. Please be aware that you cannot opt-out of certain messages from us including security notices, notices about updates to our policies, or certain notices required to complete a contract/transaction such as receipts or confirmations of orders.
We may also enable communication between you and other members of bsamply.com through in-site messaging systems.
We promote our Services to you and others.
Depending on your Email Preferences we may occasionally send you emails advertising our other services, suppliers who are on bsamply.com or services of our related partners. If you have these types of emails enabled, we may tailor which emails you receive based upon information in your Profile, Preferences, or activity data.
We may also use conversion tracking via Google Analytics and Adwords in order to determine the effectiveness of our marketing campaigns. If you do not want to be tracked you can update your cookie settings on your browser’s settings.
2.6 Developing New Features and Research
We process data to design new features and conduct trend research
2.6.1 New Feature Design
Using data gathered from feedback and surveys as well as from Google Analytics, Google Adwords, we design new features for bsamply.com in order to better connect Buyers and Suppliers as well as facilitate our users Sourcing Experience. Feedback and Surveys are completely optional. Analytics tracking may be controlled via your cookies settings.
2.6.2 Trend Research
Using data gathered from user profiles, preferences, Analytics, and activities on bsamply.com, we may conduct research into fashion and textile sourcing trends. These trends once constructed, will only consist of anonymized aggregate data which we may occasionally send out to users who have opted into our email communications or share with our business partners. You can control which information is used by editing your profile, preferences, and cookie settings.
2.7 Customer Support
We use your data to help you and fix problems on BSAMPLY’s services.
We use the data you have provided us (including those in your communications on bsamply.com and those in the emails you sent to us) to investigate, respond to and resolve complaints and other issues on the site.
If you have an issue you’d like to report please email: firstname.lastname@example.org
2.8 Aggregate Instincts & Analytics
We use analytics data to create aggregate insights
We use your data to produce and share aggregated insights with our business partners and investors. These insights can help us determine long term business strategies as well as understand our users behaviour using the Platform.
We may use information such as pageviews, time on site, last login date, number of samples ordered, number of order inquiries, clicks, and other statistical information to show the growth and changes within our services.
Notice that NO information that could possibly identify an individual user will be shared in these insight reports.
2.9 Security and Investigations
We use data we’ve collected for security, fraud prevention, and to comply with the law.
We also use your data in order to comply with your legal rights, such as to ensure compliance with the Right to Object (for users in EU).
3. Reasons We Share Personal Data
You agree that your Personal Data may be disclosed and transferred (within or not within the jurisdiction of the BSAMPLY company with which you contract) to the service providers we have appointed.
3.1 Our Service
3.1.1 Profile & Preferences
Any data that you provide to us through your profile, preferences, or actions (viewing a material, viewing a showroom, content of messages) on the site may be seen by others.
As a Buyer User on BSAMPLY, your profile information such as your Name, Company, Country, End Uses, Sourcing preferences, etc. will be fully visible to Supplier Users as well as to BSAMPLY’s employees. This information is shared when you interact with a supplier by visiting one of their material pages, their supplier showroom, send the supplier the message, or perform various other activities on BSAMPLY. We may share some of your activity data to Suppliers such as if you’ve visited one of their material pages, their supplier showroom, saved one of their materials to a mood board etc. Each supplier will only be able to view your activity data as it pertains to their materials and showrooms.
As a Supplier User on BSAMPLY, your information including material details will be visible to Buyer Users on BSAMPLY. This information is primarily shared through your Supplier Showroom and Material pages, however more information may be shared if you choose to interact with Buyer Users, such as by responding to an Order Inquiry or other communications.
For all users on BSAMPLY please know that messages you send may be read by the person or organization to whom you have sent the message.
Activity may also be collected in aggregate in order to understand statistical trends and site performance. Aggregate statistics (anonymized) may be shared with our investors and others.
3.1.2 Customer Service & Site Maintenance
BSAMPLY may process your data including profile information, site activity, and communications in order to understand, fix, or respond to customer service issues or requests. BSAMPLY may also use portions of your information to understand issues with the site and perform routine maintenance or bug fixes.
3.2 Order Inquiries
We share your data in order to process Order Inquiries and other related activities.
BSAMPLY needs to share certain information such as payment, billing and shipping addresses, and order details. For Order Inquiries your information will be shared with the Supplier from whom the order has been made.
BSAMPLY additionally processes some of your information such as your email address in order to send you a confirmation of your order.
3.3 Service Providers
We may use other services to help us provide our Services (e.g. site maintenance, analytics, payments, marketing, research and development, customer service). Each of these Services will only have access to your information in so far as they are required to reasonably perform their tasks on our behalf.
A non-comprehensive list of our service providers can be found below:
- Google (analytics & site maintenance – google.com)
- Cometchat (www.cometchat.com)
- Protocube Reply (protocube.it)
- Customer support service providers to provide after-sales services
- Risk control service providers to assess the security of member accounts and transaction risks
These Service Providers, and eventually the others, must comply with the data security and privacy requirements of BSAMPLY and are only permitted to use the User’s Personal Data in connection with the purposes specified above and not for their own purposes.
3.4 Legal Discourse
We may share your data when required by law or to help protect your rights and safety, as well as the rights and safety of ourselves and others.
It is possible that we will need to share information about you when required by law or other legal processes if we have a good faith belief that disclosure is necessary. Necessary reasons would be (but are not limited to):
- To investigate, prevent, or take action regarding suspected or illegal activities
- To assist local and federal law enforcement agencies
- To enforce our Terms of Service
- To protect other users and the security of BSAMPLY and defend against potential data leakages
- To investigate and defend ourselves against third-party claims or allegations
- To exercise or protect the legal rights and safety of BSAMPLY, BSAMPLY employees, BSAMPLY Users, or others.
3.5 Change in Control or Sale
We may share your data when our business is sold to or merged with others.
4. Your Rights & Obligations
4.1 Data Retention
We keep most of your personal data for as long as your account on BSAMPLY is open.
BSAMPLY retains your personal data, such as your profile, preferences, activity data, communications and order information as needed to provide our services.
We retain information you’ve provided with us and keep your account open until you decide to close your account. In some cases, we keep information for longer periods to comply with legal restrictions.
After closing your account some information may be retained in a depersonalized or aggregated form.
4.2 Your Rights to Your Person Data
If you are a user on BSAMPLY who resides certain regions, such as the European Economic Area, you have certain rights to how you provide your personal data and are represented on BSAMPLY.
You can complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority.
Contact details for data protection authorities in the EEA and Switzerland are available here.
The user has the right to access his personal information held by BSAMPLY and to request its correction. If the user is a Visitor of the European Union, he will refer to 2.1 European Union visitors for further information.
You can access most of your personal data directly in your profile, preferences, dashboard, mood board / saved material page, and messages.
As a user, you rectify or otherwise update your personal data. This can be done by logging into BSAMPLY and updating your profile information, preferences, or other settings.
4.2.3 Erasure of Data
As a user of BSAMPLY, you can ask us to erase or delete all or some of your personal data.
Some data may be retained for a period of time after erasure for compliance or legal purposes.
4.2.4 Restriction of Processing
As a user of BSAMPLY, you have can request that we limit the usage of your data.
4.2.5 Data Portability
As a user of BSAMPLY, you can request a copy of your personal data.
4.2.6 Object Processing
As a user of BSAMPLY, you can ask us to stop using your personal data.
4.3 Account Closure
We maintain some of your data after you close your account.
If you choose to close your BSAMPLY account, we will generally delete your personal information within 30 days of the account closure, except where reasonably necessary to comply with other obligations as listed below.
- To comply with legal obligations
- To meet regulatory requirements
- To resolve disputes
- To maintain site security and prevent fraud and abuse
- To enforce our Terms of Service
- To fulfill requests regarding your email preferences
BSAMPLY will do its best to de-personalize information upon account closure.
Communications and other interactions with other users of BSAMPLY (e.g. chat messages, order inquiries, etc.) will remain visible after you have closed your account.
BSAMPLY also does not control any data other members of BSAMPLY have copied out of our services.
5. Other Important Information
We do our best to prevent security breaches and safeguard your data.
BSAMPLY uses commercially reasonable security methods to prevent unauthorized access to the Site, maintains the accuracy of the data and ensures the correct use of the information we possess.
We implement security features to protect your data and we regularly monitor our systems for possible vulnerabilities or attacks.
The user account is protected by a password. We recommend that you do not disclose your password to anyone. The BSAMPLY staff never ask for the password in a phone call or in an email not requested by the user. If you share a computer with other users, we recommend that you do not save the login credentials (user ID and password) on that shared computer.
No data transmission on the Internet or any wireless network can be guaranteed as perfectly safe. Consequently, while trying to protect user information, BSAMPLY is not able to guarantee the security of any information that the user transmits to us, this is at the risk of the user. There is no certainty that data may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical or managerial safeguards.
If you notice any suspicious activity or potential security threats, please contact us immediately at email@example.com.
5.2 Cross-Border Data Transfers
BSAMPLY may store and use your data outside your country.
While BSAMPLY is a US based company, as users of our site are located globally, we may process or store your data outside of your country. Some countries in which we process data may have laws that are different, and potentially not as protective, as the laws of your country.
5.3 Lawful Bases for Processing
We have ensured a lawful basis to collect, use and share your data.
We will only collect and process personal data that we have a legal basis to do so. The lawful bases we use are consent (where you have given us consent to use your data), contract (where processing of your data is necessary to complete a transaction or other obligation) and legitimate interests.
You have the right to withdraw consent at any time, by editing your profile data, changing your preferences, or editing your settings.
If you have any questions about our lawful bases, please contact us here: firstname.lastname@example.org.
You must be 18 years of age or older to subscribe to the Bsamply service. In certain jurisdictions, the age of majority may be older than 18, in which case, you must satisfy that age in order to become a member. While individuals under the age of 18 may utilize the service, they may do so only with the involvement, supervision, and approval of a parent or legal guardian.
The Sites and their contents are not aimed at minors and BSAMPLY does not intend to sell any products or services to minors. If a minor has provided personal information without the consent of the parent or guardian, the parent or guardian should contact us to delete this information.
5.5 Contact Information
You can contact us if you have any complaints.