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Kutenda is an international marketplace created to help your business grow and celebrate diversity and inclusion. Kutenda connects buyers to individual stores and sellers. If you are currently registered as a seller or are considering becoming a seller, please find more information on our terms and conditions below. This policy is a part of our Terms of Use. By registering as a seller on Kutenda, you’re agreeing to this policy and our Terms of Use.

Transparency and trust are what great partnerships are built on, and we hope to have a truly outstanding partnership with all of partners. As part of this promise, we will clearly show what fees you will have to pay to us for using our services and making a sale.

• Duration
All listings will sit on site indefinitely unless removed. This is subject to change, and we will give you enough time to prepare for any changes to our policy.

• Payment to you
Earnings will be made payable directly to your designated account – there are currently no other options for withdrawals. Payments will be made 15 days after a confirmed transaction.

• Listing fees
To list a product to the site is free of charge. This is subject to change, and we will give you enough time to prepare for any changes to our policy. Any old listings will not be affected by this.

• Commission Fees
At present, there is a flat 20% commission on every item sold, payable to Kutenda. This is irrespective of the item price or quantity. The amount of commission payable to Kutenda will be displayed in your Dashboard and will be automatically deducted from your earnings. This is subject to change, and we will give you enough time to prepare for any changes to our policy.

We believe ads should help sellers grow their businesses and contribute to the overall member experience. Kutenda offers sellers multiple advertising channels to promote their listings and/or shops. This Advertising & Marketing Policy explains your rights and responsibilities when using Kutenda’s advertising services.

Kutenda purchases offsite advertising from a network of participating providers, such as social networks and search engines. Under the Offsite Ads programme, Kutenda pays all of the upfront costs of advertising on these providers.

If you would like to purchase advertising on the Kutenda, please contact us at info@kutenda.co.uk

Kutenda's network of participating shopping engines may change at any time. Kutenda currently syndicates listings to a variety of channels, such as:
Kutenda
@Kutenda
@Kutenda
@Kutenda
@Kutenda

Please note: The combined and total amount of fees includes the commission and payment processing fees and will be seen and deducted as one payment – meaning a total of 20% of the transaction value will be deducted from your earnings.

  1. What can be listed for sale on Kutenda

Kutenda is primarily a marketplace for items that are created, made, or designed by the seller. Items that are manufactured, digitally produced, or mass-produced are permitted if those items for sale originate from the seller. We only allow sellers to list items or resell items that originate from third parties if there is a contract/ licensing agreement in place that is exclusive to you.

 

If you sell items on Kutenda, you must adhere to the following:

 

  1. Items listed to Kutenda must be created, made, or designed by
  2. You accurately describe the item when you make a listing. Kutenda will not be liable in any dispute regarding the accuracy of the item listed if the item is not as described. You as the seller will be
  3. You are using your own photographs or You must own or have the rights to upload or use any intellectual property, photograph, or image to Kutenda.

    2. What Can’t be listed for sale on Kutenda

We try to be as liberal as possible with what can be added to the site. However, there are some items and content that is prohibited to be added to the site if it is deemed offensive, not in line with our ethos and ethics, or may present a legal risk.

Whilst we will try to spot any wrongdoings and will proactively try to restrict and tackle any prohibited content, it is not always possible to do so. Therefore, we ask our partners and patrons to be vigilant around the site and if anything is found that may be a violation of our terms, please do let us know so that we can act quickly.

All items must be created by people falling within these groups Black, Indigenous People of Colour (BIPOC), Lesbian, Gay, Bisexual and Transgender (LGBT+), living with physical disabilities and neurodiverse. Anything that promotes, pursues, or sympathises with hatred of any kind is categorically not permitted and will result in the permanent ban or termination of our services. Where deemed necessary, anything abusive or illegal will be referred to the authorities and you will be prosecuted. Our view and purpose in promoting underrepresented businesses are to further inclusivity, diversity, and collaboration for everyone regardless of their culture or background and under no circumstance should the marketplace be used as a platform to disseminate hatred.

Kutenda reserves the right to remove any listings from the site that violate our terms and conditions. Kutenda also reserves the right to suspend or terminate your account in response to these violations. You will still be liable to pay any outstanding fees and any earnings accrued will be retained by Kutenda without the possibility of withdrawal. You can find more information in our Fees & Payments Policy.

Such items that may cause offense and are not permitted include (and is not exclusive to):

  1. Alcohol, Tobacco, Drugs, Drug Paraphernalia, and Medical Drugs
  2. Animal Products and Human Remains
  3. Dangerous Items: Hazardous Materials, Recalled Items, and Weapons
  4. Hate Items: Items that Promote, Support, or Glorify Hatred
  5. Illegal Items, Items Promoting Illegal Activity, and Highly Regulated Items
  6. Internationally Regulated Items
  7. Pornography and Mature Content
  8. Violent Items: Items that Promote, Support, or Glorify Violence

If you do find anything that may be as describes as above, please contact us.

We expect you to accurately describe your profile, business, and listings. By selling on Kutenda, you agree to the following:

  1. You will be transparent and truthful in your
  2. You accurately describe the item when you make a
  3. You will not use without permission, the intellectual property of others. If you see an infringement on your own intellectual property, please alert us as soon as
  4. You will not participate in fee avoidance.
  5. You will not engage in any practice that may negatively affect Kutenda as a
  6. You will be responsive and answer questions from buyers within
  7. You will be responsible for the shipping and fees associated.

 

  1. Privacy and Protecting Personal Information

By using our services, you are responsible for any personal information you may receive from a customer or potential customer. This means you must comply with any relevant legal or statutory requirements without exception and the abuse or misuse of data is strictly prohibited. You must also protect any personal information received and delete any personal information if requested by the customer.

In particular, when you sell using our Services (subject to this Policy) or use Kutenda’s API (also subject to the Kutenda API Terms of Use), you may receive and determine what to do with certain personal information, such as when communicating with users and entering into transactions with buyers. This means you process personal information (for example, buyer name, email address, and shipping address) and, to the extent you do so, under EU law, you are an independent controller of data relating to other users that you may have obtained through the Services. You are responsible for protecting user personal information you receive or process and complying with all relevant legal requirements when you use the Services. This includes applicable data protection and privacy laws that govern the ways in which you can use a user’s information. Such laws may require that you post, and comply with, your own privacy policy, which must be accessible to Kutenda users you interact with and compatible with this policy and Kutenda’s Terms of Use. For more information on the General Data Protection Regulation, see more resources at https://gdpr-info.eu and http://gdprandyou.ie. As a data controller (that is someone who decides what personal data is collected and the purpose you’ll use the data for) to the extent that you process user personal information outside of the Services, you may be required under applicable data protection and privacy laws to honour requests received from such users for data access, portability, correction, deletion, and objections to processing. Also, if you disclose personal information without the buyer’s proper consent, you are responsible for that unauthorised disclosure. This includes, for example, disclosures you make or unintentional data breaches. For example, you may receive a buyer’s email address or other information as a result of entering into a transaction with that buyer. This information may only be used for Kutenda- related communications or for Kutenda-facilitated transactions. You may not use this information for unsolicited commercial messages or unauthorised transactions. Without the buyer’s consent, and subject to other applicable Kutenda policies and laws, you may not add any Kutenda member to your email or physical mailing list, use that buyer’s identity for marketing, or obtain or retain any payment information. Please bear in mind that you’re responsible for knowing the standard of consent required in any given instance. If Kutenda and you are found to be joint data controllers of personal information, and if Kutenda is sued, fined, or otherwise incurs expenses because of something that you did in your capacity as a joint data controller of buyer personal information, you agree to indemnify Kutenda for the expenses it occurs in connection with your processing of buyer personal information.

If Kutenda and you are found to be joint data controllers of personal information, and if Kutenda is sued, fined, or otherwise incurs expenses because of something that you did in your capacity as a joint data controller of buyer personal information, you agree to indemnify Kutenda for the expenses it occurs in connection with your processing of buyer personal information.

For more information, please see our Privacy Policy.

 

If you are unable to complete a transaction, you must notify the buyer via our support system and cancel the transaction. If the buyer already submitted payment, you must issue a full refund. You are encouraged to keep proof of any refunds in the event a dispute arises.

European Union Right of Withdrawal
Buyers in the European Union (EU) may be entitled to a 14-day “right of withdrawal” after receiving an item, during which they may return an item for any reason. The details of this right vary by EU member state. The right of withdrawal does not apply to custom items or certain perishable goods. Rights with respect to digital items vary by EU member state.

We ask buyers to contact sellers directly and attempt to resolve any outstanding issues before contacting Kutenda. For this reason, it is important that you fill out your shop policies and regularly respond to Conversations from your buyers. All conversations are recorded in our database and will be used as evidence in deciding what action to take.

Seller Protection

Before the 14-day statutory period.

Buyers in the European Union (EU) may be entitled to a 14-day “right of withdrawal” after receiving an item, during which they may return an item for any reason. The details of this right vary by EU member state. The right of withdrawal does not apply to custom items or certain perishable goods. Rights with respect to digital items vary by EU member state.

After the 14-day statutory period.

Customers can return the item within the 14-day statutory period. After this time, the customer can request a refund but it is up to the seller to accept or deny the request. If the customer is unsatisfied, they can open a dispute with us for us to investigate. If the seller has proof of delivery (postal tracking), we would side with the seller.

All payments are captured online through Stripe or PayPal.

Payments captured by Stripe are automatically processed through Stripes Radar system.

Radar’s machine learning distinguishes fraudsters from customers and applies Dynamic 3D Secure to high-risk payments.

Payments captured by PayPal are protected by the PayPal Seller Protection Policy. PayPal Seller Protection can cover you in the event of claims, chargebacks, or reversals that are a result of unauthorized purchases or items your buyer didn’t receive.

More details can be seen below. https://stripe.com/gb/radar

https://www.paypal.com/uk/smarthelp/article/what-is-the-seller-protection-policy-and- what-items-aren%E2%80%99t-covered-faq1156

The customer does have the right to request a charge-back via their bank. However, the risk of this happening is minimal and that cost would be incurred to Kutenda, not the seller.

It is strongly recommended to get tracking information and/or insurance when you ship your items. When you upload tracking information you provide your buyer with more confidence that their item will reach them, as well as a better buying experience overall.

You’re also protecting yourself in case your buyer doesn’t receive the item and opens an Item not received case. It is the responsibility of the brand shipping the items to ensure safe delivery and receipt of the items. If an item is not received by the buyer, it is the responsibility of the sender to investigate the issue and the sender will be liable for any incurred costs. The customer can ask Kutenda to step in to help investigate the issue.

Kutenda reserves the right to withhold any sellers earnings for the purpose of refunding a customer if from the investigation it is deemed the seller did not provide satisfactory tracking information, and it is concluded that the customer did not receive the items they have paid for.

Marking an item as dispatched without tracking details

You can mark an item as dispatched without tracking details. However, it is strongly advised that you add tracking details. The customer can open a dispute if they claim an item never arrived. You will be liable to reimburse the customer If you do not have proof of postage and tracking.

  1. Go to the Order section of your Store
  2. Find the item you
  3. Under Actions, select Mark as

The buyer will then get an email stating the order has been shipped.

Item not received requests

If a buyer opened an item not received request, the request will close within 24 hours when

tracking details show the item has been delivered to the buyer’s postcode.

Both you and the buyer will get an email notification. The buyer will be able to ask Kutenda to step in within that 24 hours if they still haven’t received the item.

Kutenda reserves the right to change the terms of these advertising programmes at any time, including addition of fees, addition or removal of platforms, or end the programme (in whole or part) at any time. We will notify you of major changes.

Using advertising and promotional services through Kutenda does not constitute an obligation on Kutenda's part to display an ad or promote your listings or shops. Kutenda can't guarantee that a displayed ad or promotion will be clicked, and we can't guarantee that if a user clicks that the related listing will be sold.

Kutenda's advertising services and advertising policies change over time, as do those of Kutenda's third party channel partners, and neither Kutenda nor its third-party channel partners guarantee any particular programme's features, results, or third party channels. Kutenda reserves the right to change or terminate any campaign, incentive offer, or a programme in part or as a whole at any time.

Kutenda may, and you give Kutenda permission to, automate parts or all of an advertising service provided, including combining bids across listings, geographical regions, keywords, ad formats, verticals, and on and off-Kutenda marketing channels and platforms. You give Kutenda permission to do so, with notice from Kutenda, even if those features or options replace the parameters and options you set for the particular advertising service.

In the event Kutenda begins, ends or modifies an advertising service, you give Kutenda permission to transfer your bids, budgets, and campaigns to that new programme, to the extent transferable for the defaults and features of the new or modified advertising service. Kutenda will provide notice in the event of any such transfer.

You may be given the opportunity to participate in beta tests of advertising services offered by Kutenda and/or third-party channels. Those beta services are subject to separate terms for a particular programme provided to you as part of your participation in that programme, as well as this policy and the overall Kutenda Terms.

From time to time Kutenda may test or experiment with additional advertising products and the advertising services offered by Kutenda, as well as the look and feel of any type of advertisement, may change as our programmes and platforms evolve.

Ads and promotions may not include content that infringes upon or violates the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights.

Please see our Intellectual Property Policy for more information. You are responsible for ensuring that your ads and promotions comply with all applicable laws and regulations. Kutenda reserves the right to reject or remove any ad or promotion for any reason, in our sole discretion, including marketing that negatively affects our relationships with our members or partners.

As a venue for artists, designers, and makers, Kutenda takes intellectual property rights very seriously. We comply with intellectual property laws and industry best practices in order to maintain the integrity of our creative marketplace. This Intellectual Property Policy explains how we address allegations of infringement, how authorised parties can submit proper notices of infringement regarding content on our marketplace, and how Kutenda sellers can respond when their listings or shops are affected by a notice.

  1. Kutenda's Role

Kutenda is a marketplace comprised of individual third-party sellers who run their own shops, create their own policies, and are responsible for their inventory, shipments, and complying with the law. We provide a venue, but Kutenda does not manufacture goods, hold inventory, or ship items on behalf of our sellers. The content uploaded on Kutenda's marketplace is generated by independent sellers who are not employees, agents, or representatives of Kutenda. Sellers are responsible for ensuring they have all the necessary rights to their content and that they are not infringing or violating any third party’s rights by posting it.

Kutenda reserves the right to disable any listing, shop, or account that we believe violates our Terms of Use. Kutenda also reserves the right to take action against abusers of Kutenda’s Intellectual Property Policy or our Terms of Use.

Kutenda can’t speak on behalf of intellectual property owners, nor is Kutenda in a position to offer legal advice or make legal determinations whether a shop’s content infringes someone else’s intellectual property. Kutenda will remove the material cited for alleged intellectual property infringement when provided with a proper notice.

  1. Notices of Intellectual Property Infringement

Kutenda strives to respond quickly when we receive proper notice of intellectual property infringement by removing or disabling access to the allegedly infringing material. When Kutenda removes or disables access in response to a notice, Kutenda makes a reasonable attempt to contact the affected member, provide information about the notice and removal, and, in cases of alleged copyright infringement, provide information about how to submit a counter notice. Kutenda may also provide a copy of the infringement notice, including the name and email address of the reporting party, to the affected member.

Please contact Kutenda through email to provide notice of claimed infringement.

Kutenda may request additional information before processing a notice, such as identity verification of the reporting party or documentation regarding the claimed right. Kutenda may reject notices or counter notices that contain information we believe is false, fraudulent, incomplete, or otherwise submitted in bad faith. Kutenda also reserves the right to take action against abusers of this policy.

  1. Counter Notice

In accordance with the Digital Millennium Copyright Act (DMCA), Kutenda accepts counter notices for copyright notices only. When Kutenda receives a DMCA counter notice, we will provide a copy of the counter notice to the original complaining party. The removed material may be replaced or access to it may be restored 10 business days after the counter notice is processed, unless the copyright owner files an action seeking a court order against the allegedly infringing party and informs Kutenda of this action. Read more about DMCA notices, counter notices, and requirements here.

  1. Repeat Infringement

Kutenda terminates selling privileges of members who are subject to repeat or multiple notices of intellectual property infringement in appropriate circumstances and at Kutenda’s discretion. If we believe a member has attempted to open a new shop after termination of the initial account, we reserve the right to refuse all services to that member. These actions apply to any accounts we believe are associated with or operated by the affected member. Per our Terms of Use, Kutenda reserves the right to terminate account privileges at any time, for any reason, and without advance notice.

  1. Notice Withdrawals

Kutenda only accepts withdrawals of infringement notices directly from the intellectual property owner or authorised representative who submitted the claim. The withdrawal must clearly state that it is a formal withdrawal and sufficiently identify the member and/or material (such as by providing the username, shop name, and Kutenda listing URLs).

Once Kutenda receives a formal withdrawal of a notice of infringement, Kutenda makes reasonable attempts to contact both parties involved to confirm receipt from the party submitting the withdrawal and to inform the member affected by the withdrawal. Please note that infringement matters are reviewed on a case-by-case basis, and withdrawals do not guarantee changes to a member's shop status.

Kutenda connects thoughtful consumers around the world with creative entrepreneurs. It’s an ecosystem where people of all backgrounds inspire each other and build relationships through making, selling, and buying unique goods. We want everyone on Kutenda to feel safe, and our priority is fostering an inclusive environment. This policy explains the kind of behaviour we prohibit on Kutenda to make sure we all have a positive experience.

This policy is a part of our Terms of Use. By using Kutenda, you’re agreeing to this policy and our Terms of Use.

Kutenda prohibits the use of our Services to discriminate against people based on the following personal attributes (collectively, “protected groups”):

It is your responsibility to know your local laws and any other legal regulations on discrimination that might apply to you. Additionally, Kutenda does not allow hate speech. Hate speech occurs when violent, offensive, derogatory or demeaning language is directed at a person or group based on their one or more protected group attributes.

Whether you’re engaging with public features on Kutenda, such as writing reviews, or having direct communication with other members of the Kutenda community, such as via Messages, discrimination and hate speech are not allowed. As a seller on Kutenda, your shop content, including shop announcements and shop policies, cannot display discriminatory behaviour toward protected groups. Examples of prohibited behaviour include, but are not limited to:

If you think discrimination or hate speech has occurred on Kutenda, please report it by contacting us and we will investigate. If you see a listing on Kutenda which you believe violates our policies please report it.

Kutenda Payments allows buyers and sellers to use various forms of payments on

Kutenda.com, and Kutenda’s mobile apps and other services. Kutenda Payments users can pay with and accept payment by credit card, debit card, Kutenda Gift Card, Kutenda Credit, some bank transfer services, PayPal (where available), Apple Pay, and Google Pay – all in their domestic Kutenda Payments currencies. This policy explains all of your rights and obligations when using Kutenda Payments.

  1. Accepting These Terms

The Kutenda Payments Policy (or the “Policy”) sets out your rights and responsibilities when you use Kutenda Payments on Kutenda’s services (we’ll refer to Kutenda.com, Kutenda's mobile apps, and other services as our “Services”), so please read it carefully. By using

Kutenda Payments, you’re agreeing to the Policy.

The Policy is a legally binding contract between you and Kutenda. If you live in North America or South America, the contract is between you and Kutenda, Inc.; if you live elsewhere, the contract is between you and Kutenda Ireland UC, a subsidiary of Kutenda, Inc.; We’ll just refer to Kutenda, Inc. and all of its subsidiaries collectively as “Kutenda”.

  1. Overview

Kutenda Payments allows sellers to (a) accept payment by authorised credit and debit card transactions, some bank transfers services, PayPal (where available), transactions using Apple Pay, and transactions using Google Pay, (b) have those funds credited to a seller’s payment account with Kutenda, and (c) have those funds deposited into a seller’s designated bank account.

Kutenda Payments is only available to sellers who are at least 18 years old who register and are approved for a payment account with Kutenda. Kutenda Payments is currently available to sellers in Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Indonesia, Ireland, Israel, Italy, Latvia, Lithuania, Luxembourg, Malaysia, Malta, Mexico, Morocco, Netherlands, New Zealand, Norway, Philippines, Poland, Portugal, Romania, Singapore, Slovakia, Slovenia, South Africa, Spain, Sweden, Switzerland, Turkey, United Kingdom, and United States.

Sellers may only use Kutenda Payments for the sale of items listed on Kutenda’s Services, and agree to dispatch sold items once a payment transaction is complete and reflected in their payment account. Kutenda reserves the right to terminate a seller’s access to Kutenda Payments if the seller uses Kutenda Payments in any other manner.

Buyers may authorise a payment with any major credit or debit card accepted by Kutenda, with Kutenda Gift Cards and Kutenda Credits, by certain bank transfer services, or through PayPal (where available), Apple Pay, or Google Pay.

  1. Third-Party Services

Kutenda has engaged third-party service providers to perform many of the services related to payment processing, including card processing, currency exchange, identity verification, fraud analysis and regulatory compliance.

Kutenda partners with Worldpay, PayPal, Adyen and other licensed payment processors to facilitate card payments and other payments and the disbursement of funds to sellers. The provider and processing time for your payment will vary based on the country in which you're located. If there are insufficient funds in your bank account when our provider processes the payment for your purchase, Kutenda reserves the right to contact you directly and to seek payment.

Kutenda may share your personal or transactional information with those third-party service providers when it's necessary to process payments.

Kutenda Gift Cards and Kutenda Credits are subject to the Gift Cards & Kutenda Credits Policy.

By using a third-party service, you may also be subject to an agreement with the third party. For example, PayPal is a third-party service provided by PayPal Holdings, Inc. and is subject to the PayPal User Agreement. Apple Pay is a third-party service provided by Apple Inc. and is subject to the Apple Pay Terms and Conditions. Google Pay is a third-party service provided by Google Payment Corp. and is subject to the Google Pay Terms of Service for US users, non-US users, and India residents.

If Kutenda receives notice that your shop's content or activity violates a third party's service agreement, we may at our sole discretion take action against your account to comply with their policies. Such actions may include cancelling a transaction, disabling listings from your shop, suspending your selling privileges or removing certain payment methods.

PayPal

Kutenda supports two versions of PayPal: integrated PayPal and standalone PayPal.

Integrated PayPal. In countries where PayPal is available, Integrated PayPal allows sellers to receive funds from PayPal purchases directly into their Kutenda payment account, without the need to manage a separate PayPal account. This means that if a buyer pays with PayPal, the funds from the order will be credited to a seller's payment account along with the rest of the orders. The standard Kutenda Payments Payment Processing Fee (described below) applies to orders that go through integrated PayPal; there is no additional PayPal fee.

Standalone PayPal. Standalone PayPal exists only for sellers in countries that are not yet eligible for Kutenda Payments and/or, in Kutenda's discretion, in some markets where it’s not an Kutenda requirement to use Kutenda Payments. Standalone PayPal will not be available to new sellers who join Kutenda if Kutenda Payments is available in that seller’s country. If this is the case, the seller will be required to register on Kutenda Payments as part of their onboarding to Kutenda. For sellers accepting standalone PayPal, you will receive funds from PayPal purchases directly into your PayPal account. Sellers who accept standalone PayPal will continue to pay PayPal fees. Orders paid through standalone PayPal are not covered by Kutenda’s Seller Protection Program. Kutenda reserves the right to allow certain sellers in countries that are eligible for Kutenda Payments to also use Standalone PayPal for a limited time. Please note, during this transition period, it may be necessary for Kutenda to process some PayPal transactions through integrated PayPal. For example, if a buyer chooses to pay with an Kutenda Gift Card or Kutenda Credit and covers the remaining balance using PayPal, Kutenda can only process the transaction through integrated PayPal. Similarly, if a buyer purchases items from multiple shops in a single transaction and chooses PayPal as the payment method, Kutenda may have to process the transaction through integrated PayPal.

  1. Kutenda’s Rights and Responsibilities

Kutenda Payments functionality may be made available, modified, or discontinued by us at any time without notice and is subject to the limitations in Kutenda’s Terms of Use.

As a security measure, we may impose transaction limits on buyers and sellers. For example, we may impose limits relating to the value of any transaction, deposit, or adjustment, or limits relating to the cumulative value of all transactions, deposits, or adjustments during a period of time. We may also impose limits related to the number of transactions per day or other period of time. We will not be liable to a seller: (a) if we do not proceed with a transaction, deposit, or adjustment that would exceed any limit established by us, or (b) if we permit a buyer to withdraw from a transaction.

Kutenda may refuse service of Kutenda Payments to anyone, for any reason, at any time. Kutenda reserves the right to decline transactions that we believe to be high risk, fraudulent, or in violation of Kutenda’s Terms of Use.

In the event that a buyer does not make payment for the purchase of a legitimate item sold using Kutenda Payments (e.g., where the buyer used a stolen or unauthorised credit card), Kutenda may provide limited payment protection to the seller, in the interest of fairness.

You can learn more about our Seller Protection Programme here.

Kutenda maintains records associated with transactions on Kutenda Payments and does not pass any secure data, including credit card numbers or bank account information, to any sellers. Sellers will only receive delivery information and limited buyer account information necessary to complete the order. Kutenda’s Privacy Policy further explains how Kutenda handles user information.

Kutenda will send you any relevant notices regarding your use of Kutenda Payments in accordance with our Electronic Communications Policy.

  1. Seller Rights and Responsibilities

A. Use of Kutenda Payments. If you live in a country in which Kutenda Payments is available, you are required to sign up for Kutenda Payments, except as otherwise determined by Kutenda in its sole discretion. Using Kutenda Payments will result in your shop accepting payment through authorised credit and debit card transactions, some bank transfer services, PayPal, Apple Pay, and Google Pay. For you to sign up for Kutenda Payments and receive payment for transactions made through Kutenda Payments, you must provide all required information and complete all required steps for compliance purposes. Without this information, Kutenda can't pay you! You can find instructions about how to upload your bank account information here. If you live in a country in which Kutenda Payments is available and you do not provide Kutenda with this information, Kutenda may refuse you access to the Services until you do

 

B. Payment Accounts. A payment account allows sellers to track payment amounts, refunds, and fees related to transactions and seller services. Sellers must provide accurate personal information as requested during registration, and are responsible for maintaining and updating that information as necessary. Sellers will not impersonate any person or use any name they are not legally authorised to use. Sellers authorise us, and authorised agents, to verify their information (at registration and on occasion when using the Services) by accessing public records and obtaining credit reports about the sellers. Kutenda verifies sellers’ information in order to safeguard the integrity of the marketplace and reduce the risk of fraud, money laundering, terrorist financing, and the violation of trade sanctions.

Payment accounts are only available to individuals who are eligible to be sellers on Kutenda’s Services and who have a valid credit or debit card on file with Kutenda, unless they are exempt from this requirement. Sellers who have bank accounts established in Austria, Germany, and the Netherlands are not required to have a credit card on file with Kutenda to have a payment account.

 

C. Disputes. Sellers agree to resolve any disputes directly with a buyer or with the assistance of the dispute management and refund tools available on Kutenda, and in accordance with our Seller Policy and Terms of Use. In the event that a dispute is escalated to Kutenda’s Support Team, Kutenda reserves the right to issue a refund to a buyer if a transaction is found to be in violation of Kutenda’s policies.

In the event that a buyer submits a chargeback, Kutenda will respond to the credit card networks on behalf of the seller involved in the transaction; the seller agrees to provide any requested information to us within five calendar days of the request. Kutenda reserves the right to recoup funds associated with buyer chargebacks.

D. Communications. We will inform sellers of each transaction, or of other information pertaining to Kutenda Payments, using our standard communication procedures (detailed in our Electronic Communications Policy), including by email or through Kutenda's Messages tool.

E. Refunds. Refunds or adjustments paid by Kutenda to buyers for payments made through Kutenda Payments may be initiated using the refund functionality in the seller's payment account for a period of 180 days after the purchase was made. The Kutenda Payments Platform does not have refund functionality after 180 days from the original purchase date. Any such funds paid by Kutenda to cover refunds will be deducted from the seller’s payment account balance. If there are insufficient funds to cover the amount of the refund, the balance will be charged to the seller’s credit card or added to the seller’s payment account. Refunds issued by Kutenda will be in the original form of payment, and if such payment is not available, an Kutenda credit will be issued.

Fully refunded transactions may be eligible for cancellation in accordance with our Cancellation Policy.

F. International Trade Laws. You agree that your use of Kutenda Payments will not involve any countries, entities, individuals or items prohibited by sanctions, embargoes, regulations or orders administered by the US Department of Treasury’s Office of Foreign Assets Control (“OFAC”) or other government agencies. See our Sanctions Policy for more information.

G. Information on Cardholder Charges. Please note that your bank or card provider may charge additional fees (including cross-border fees) for transactions that you make on Kutenda. These fees are not charged by Kutenda and are at the discretion of your bank. Please contact your bank for further details.

6. Appointment of Kutenda as Limited Collection Agent for Sellers

Each seller appoints Kutenda as its agent for the limited purpose of receiving, holding and settling payments to seller. Kutenda will settle payments that are actually received by Kutenda to each seller, less any amounts owed to Kutenda and subject to these Terms. Each seller agrees that a buyer payment received by Kutenda, on behalf of seller, satisfies the buyer's obligations to make payment to seller, regardless of whether Kutenda actually settles such payment to seller. If Kutenda does not settle any such payments as described in these Terms to a seller, such seller will have recourse only against Kutenda and not the buyer.

7. Deposits

A. Payment Account. All funds resulting from a completed transaction will be reflected as a balance in a seller’s payment account. Transactions are considered complete at the later of once the payment is approved by Kutenda or our fraud analysis service provider. Any refunds, adjustments, or other amounts paid to buyers in connection with purchases, or for funds received since the last payment day, are also applied to the seller’s payment account balance.

Funds in a payment account balance are eligible for deposit (the “Available Funds”) into a seller’s bank account at the end of any applicable deposit delay, reserve, or hold period as determined by the seller’s bank. For deposits below designated thresholds in certain markets, a deposit fee will apply. See Section 9 below for details on deposit fees. A deposit minimum also applies to deposits in certain markets. Funds will only be available for deposit if they exceed the applicable deposit minimum.

B. Country and Currency Options. Available Funds can only be deposited into bank accounts, in the domestic currency of the account, in the United States, Australia, Canada, the European Union, Hong Kong, Indonesia, Israel, Malaysia, Mexico, Morocco, New Zealand, Norway, Philippines, Singapore, South Africa, Switzerland, and Turkey in the following currencies: US Dollars (USD), Australian Dollars (AUD), Canadian Dollars (CAD), Swiss Francs (CHF), Danish Krone (DKK), Euros (EUR), British Pounds (GBP), Hong Kong Dollars (HKD), Indonesian Rupiah (IDR), Israeli Shekel (ILS), Moroccan Dirham (MAD), Mexican Peso (MXN), Malaysian Ringgit (MYR), New Zealand Dollars (NZD), Norwegian Krone (NOK), Philippine Peso (PHP), Swedish Krona (SEK), Singapore Dollars (SGD), Turkish Lira (TRY), and South African Rand (ZAR).

C. Scheduled Deposits. Kutenda will instruct our payments partners to initiate a deposit of a seller’s Available Funds into the seller’s bank account on a daily, weekly, fortnightly or monthly basis. Sellers can select the frequency of disbursements from their payment account in their account settings. When a seller selects daily disbursements, disbursements will be made on each day that the seller's payment account has a balance equal to or greater than the minimum daily disbursement thresholds listed below. When a seller selects weekly, biweekly, or monthly disbursements, disbursements will be made on every applicable Monday. In this policy we'll refer to the date of disbursement as the "Payment Date". Deposits into a seller’s bank account will generally be credited within three (3) to five
(5) business days from the date Kutenda initiates the deposit request. The actual timing of
the deposit may depend on how quickly a seller’s bank processes the request.
The Payment Date will fall on the next business day (Monday through Friday, excluding bank holidays) if the scheduled Payment Date falls on a non-business day. If a seller elects to change the frequency of disbursements, the following deposit will be initiated on the next business day if the seller selects daily disbursements, or on the next applicable Monday if the seller selects weekly, fortnightly, or monthly disbursements. When a seller either initially provides or later changes their bank account information, the seller must wait at least five (5) calendar days to request a deposit into a bank account as a security precaution. The next scheduled deposit after a change to bank account information will occur on the next applicable Payment Date after a period of five (5) calendar days from the date of the requested change.

D. Holds and Delays. In some cases, deposits to a seller's bank accounts could be
temporarily delayed by an issue at Kutenda, Kutenda’s third-party service providers, or a
seller’s bank. We’ll do our best to communicate with any affected seller as soon as we can.

If we believe that a seller's actions may result in buyer disputes, chargebacks or other
claims, then we may, in our sole discretion, put a hold, deposit delay, reserve on the seller’s
payment account balance.

A hold may be put on funds associated with a particular transaction if there is a dispute or investigation related to the order, for the shorter of: (a) 180 days after the estimated delivery date, or (b) completion of any investigation regarding the seller’s actions.

Deposit delays are defined as the number of days between a sale and the day the net amount from the sale becomes available for deposit, provided the payment has been completed. A deposit delay may be between 0 and 180 days. A deposit delay is applied across all transactions for a seller and the number of days is reflected in each seller’s payment account.

A reserve is defined as a fixed percentage of a seller’s payment account balance (i) delayed
prior to being included as part of a seller’s Available Funds for a period of up to 180 days or
(ii) deducted from a seller's payment account as a reserve for a period of up to 90 days.

If Kutenda places a hold, deposit delay or reserve on a seller’s account, we’ll do our best to
communicate with the affected seller as soon as we can.

We always work hard to avoid and minimise any delays. However, please note that Kutenda is not obligated to refund any fees or reimburse any expenses due to holds or delayed deposits.

E. Escheatment. If Kutenda cannot settle funds into a seller’s bank account, the funds will remain in the seller’s payment account. It is the seller’s sole responsibility to update their bank account information to receive the funds. If a seller fails to update the information to claim the funds within a certain period of time, Kutenda will escheat the funds to the relevant government authority in order to comply with escheatment laws.

8. Recoupment

A. We reserve the right, in our sole discretion, to seek reimbursement from a seller in any of the following circumstances: (a) we provide a refund to a buyer because a seller did not promptly deliver the goods or we otherwise determine, consistent with Section 5 (Seller Rights and Responsibilities), that a refund is warranted in a particular circumstance, (b) we discover erroneous or duplicate transactions related to a seller, (c) we receive a chargeback from a buyer's credit card issuer or reversal of payment for the amount of a buyer's purchase from a seller, or (d) a seller does not act in accordance with Kutenda’s policies.

B. We may obtain reimbursement of any amounts owed by a seller to Kutenda by deducting from future payments owed to the seller, reversing any credits to the seller’s payment account balance, charging the seller's credit card on file, charging the seller’s payment account, or seeking reimbursement from the seller by any other lawful means, including by using third-party collections services. You authorise us to use any or all of the foregoing

methods to seek reimbursement. Kutenda may suspend your selling privileges at any time pending payment of your outstanding balance.

9. Payment Processing Fees

A. Overview. Kutenda charges a fee (the 'Payment Processing Fee') for processing each transaction through Kutenda Payments. The fee amount will be assessed on the gross order amount, including delivery and tax (if applicable). Payment Processing Fees will be reflected in your payment account and will be deducted from the total amount of the payment at the time the payment is considered complete. We reserve the right to modify the Payment Processing Fee at any time. For deposits below designated thresholds in certain markets, a deposit fee will apply, as described in the table below. Deposit fees are deducted from your Available Funds and reflected in your payment account at the time of your scheduled deposit. In the event of any partial or full refunds credited back to a buyer, the Payment Processing Fee and other applicable fees will be recalculated based on the adjusted sale price. The difference between the original Payment Processing Fee and the adjusted Payment Processing Fee will be applied to the refund amount being credited back to the seller. Other applicable fees will be refunded to the seller's payment account. Deposit fees will be refunded if the deposit is returned to a seller’s payment account.

B. Fee Amount. Payment Processing Fees vary based on the location of a seller’s
bank account. Please see this chart for further details:

Location of Bank Account Kutenda Payments Fees (% of total sale price + flat fee per or applicable
Australia (domestic orders)  

3% + 0.25 AUD

D. Communications. We will inform sellers of each transaction, or of other information pertaining to Kutenda Payments, using our standard communication procedures (detailed in our Electronic Communications Policy), including by email or through Kutenda's Messages tool.

C. Listing Currency Conversion Considerations for Sellers. When a seller lists and subsequently sells an item in a currency other than the currency of the seller's payment account, Kutenda will settle the associated transaction proceeds in the currency of the seller's payment account. When such a service is required, Kutenda applies an additional 2.5% currency conversion fee. Calculation rates are updated regularly.

D. Value-Added Tax (VAT). Depending on your business status and location, Kutenda may be required to charge VAT on seller fees accrued each month and remit it to the relevant tax authority. VAT is collected on Kutenda Payments processing fees for sellers located in eligible Kutenda Payments countries where required. To learn more about how VAT works on Kutenda, see this Help article.

E. Browsing Currency Considerations for Buyers. In the case of a buyer purchasing from a seller who lists in a currency other than the buyer's browsing currency, Kutenda will

automatically calculate the listing price in the buyer's browsing currency. When such a calculation is required, Kutenda applies an additional currency conversion charge.
Calculation rates are updated regularly.

F. Interest. In the United States, Kutenda may earn interest (or other compensation) from the balances in our bank accounts because of the timing difference between our being paid by buyers and our paying sellers (when our bank account is being debited to pay Available Funds in payment accounts to sellers).

10. Reporting Obligations

Internal Revenue Service regulations require that we file a Form 1099-K to report unadjusted annual gross sales information for sellers located in the United States or being paid in USD in certain circumstances. Please see this Help article for more details.

To comply with these regulations, sellers who approach 150 (one hundred and fifty) transactions in a calendar year, regardless of sales volume and aggregated across his or her Shops, will be required to provide taxpayer-identification information to Kutenda.

11. Termination

Sellers may terminate this contract and their acceptance of Kutenda Payments at any time by adjusting the Settings in their account with Kutenda. Kutenda may also terminate or suspend a seller’s use of Kutenda Payments at any time.

Upon termination, any non-disputed Available Funds will be deposited into a seller’s bank account. Kutenda reserves the right, upon termination of access to Kutenda Payments, to set off against any payments to be made to the seller, an amount determined by us to be adequate to cover any anticipated chargebacks, refunds, adjustments or other amounts that might be paid to buyers in connection with purchases from the seller's payment account for a prospective 180-day period. At the end of the 180-day period following termination, we will disburse to the seller any amount not used to offset chargebacks, refunds, adjustments, or such other amounts paid to buyers, or seek reimbursement from the seller via any of the means authorised in this Policy for any additional amount required to offset chargebacks, refunds, adjustments, or other amounts paid to buyers, as applicable.

 

At Kutenda, we care deeply about privacy. We believe in transparency, and we’re committed to being upfront about our privacy practices, including how we treat your personal information. We know you care about your privacy too, so we provide settings that allow you to choose how certain information is used by Kutenda. This policy explains our privacy practices for Kutenda.com (which we’ll refer to as the "Site"), and our other services provided by Kutenda, depending on your location ("Kutenda," together with "we", "us", and "our"). We'll refer to the Site, and our other services as the "Services". This policy does not apply to the practices of third parties (including other members who sell using the Services or API users) who may also collect or receive data in connection with your use of the Services.

1. Our Privacy Policy

We process your personal information to run our business and provide our users with the Services. By accepting our Terms of Use (and in some jurisdictions, by acknowledging this policy), you confirm that you have read and understand this policy, including how and why we use your information. If you don’t want us to collect or process your personal information in the ways described in this policy, you shouldn’t use the Services. We are not responsible for the content or the privacy policies or practices of any of our members, websites hosted through Pattern by Kutenda, or third-party websites and apps.

Kutenda’s Terms of Use require all account owners to be at least 18 years of age. Minors under 18 years of age and at least 13 years of age are permitted to use Kutenda's Services only if they have permission and direct supervision by the owner of the account. Children under age 13 are not permitted to use the Services. You are responsible for any and all account activity conducted by a minor on your account. We do not knowingly “sell”, as that term is defined under applicable law, including the California Consumer Privacy Act, the
personal information of minors. More information can be found in Kutenda’s Minors Policy.

By using the Services, you acknowledge that Kutenda will use your information in the United States, Ireland and any other country where Kutenda operates. Please be aware that the privacy laws and standards in certain countries, including the rights of authorities to access your personal information, may differ from those that apply in the country in which you reside. We will transfer personal information only to those countries to which we are permitted by law to transfer personal information as more fully described in the "Transfers" Section of this policy.

2. Information Collected or Received

In the course of providing our Services, we collect or receive your personal information in a few different ways. We obtain the categories of personal information listed below from the following sources: directly from you, for example, from forms you complete or during registration; indirectly from you based on your activity and interaction with our Services, or from the device or browser you use to access the Services; from our vendors and suppliers that help provide Kutenda services you may interact with (such as, for example, for payments or customer support), and from our third party advertising and marketing partners. Often, you choose what information to provide, but sometimes we require certain information to provide you the Services. Kutenda uses the personal information it receives and collects in accordance with the purposes described in this policy.

You can also choose to provide information to a third party via Kutenda’s API. While users of Kutenda’s API are required to follow Kutenda’s API Terms of Use, including having appropriate privacy and security controls, Kutenda does not have a direct partner relationship with these third parties and their processing of information is subject to their own privacy policies. You should understand the privacy and security practices of any third party before you share information with them.

Registration, Account Setup, Service Usage: In order to use the Services, you will need to submit a valid email address. If you register, you will need to submit a name associated with your account. You may modify that name through your account settings. You need to provide this information to enable us to provide you with the Services. Additional information, such as a shop name, billing and payment information (including billing contact name, address, telephone number, credit card information), a telephone number, and/or a physical postal address, may be necessary in order for us to provide a particular service. For example, we need a physical postal address if you are buying something on the Site for delivery. As an Kutenda seller, if you choose to use our payment service ("Kutenda Payments"), Kutenda requires your full name, social security number, identification ID or tax ID, date of birth, bank account information, photograph, credit card information, and/or other proof of identification in order to verify your identity, provide this service to you, and comply with applicable law. For example, in certain markets, Kutenda Sellers’ imprint (including trade name or individual name as applicable), may be displayed to buyers on Kutenda in order to comply with local legal requirements. For both buyers and sellers, Kutenda requires this information from you in order to provide you with the Services (including, to verify ownership of an account, to mitigate fraud and abuse, to comply with regulatory obligations, or to complete a transaction as a buyer or seller). We may store credit card information for both billing and payment purposes. Members in certain countries can elect to save their credit card information to facilitate checkout for future purchases. If you're an Kutenda buyer in the the EU, Norway, Iceland, or Liechtenstein, you may be asked to authenticate your payment method when you place your order. To authenticate a payment, you will need to respond to a prompt from your card issuer and provide additional information, such as a correct response to a question, a password, or a passcode. Kutenda may contact individual shop owners confidentially to request more information about their shops or items listed through the Services, or may request information from buyers to ensure compliance with our policies and applicable law. In order to use certain products or services on Kutenda, you may be required to complete an application; information that you submit through the application process will not be displayed publicly and will only be used internally by Kutenda and its service providers, unless otherwise specified.

Profile: You may provide your name and other personal information (such as birthday, gender, location) in connection with your account and activity. You can edit or remove this information through your account settings. The name associated with your account (which you may modify in your account settings) is publicly displayed and connected to your Kutenda activity. Other members may see the date you joined; ratings, reviews and information relating to items you review, and related photos for items you purchased or sold; your profile information; items you listed for sale; your shop pages and policies; your Favourites, followers, and those you follow; sold item listings and the number of items sold; comments you post in our community spaces; and information you decide to share via social networks. For Sellers, we may collect and use information about you in order to feature you in marketing and advocacy materials, and to feature you and your shop on and off the platform, as provided for in Kutenda’s Terms of Use. From time to time, we may also ask you about certain demographic information, such as your race, ethnicity, sexual orientation, or gender identity, in relation to specific marketing and advocacy projects and campaigns. Providing this demographic information is entirely voluntary and at the time we ask we will also seek your consent to use it.

Automated Information: Kutenda automatically receives and records information from your browser or your mobile device when you visit the Site, use the Apps, or use certain features of the Services, such as your IP address or unique device identifier, cookies, and data about which pages you visit and how you interact with those pages in order to allow us to operate and provide the Services. This information is stored in log files and is collected automatically. Kutenda may also receive similar information (like, for example, IP addresses and actions taken on the device) provided by a connected Internet of Things device such as a voice-activated assistant or Smart TV. We may combine this information from your browser or your mobile device with other information that we or our advertising or marketing partners collect about you, including across devices. This information is used to prevent fraud and to keep the Services secure, to analyse and understand how the Services work for members and visitors, and to provide advertising, including across your devices, and a more personalised experience for members and visitors.

We also automatically collect device-specific information when you install, access, or use our Services. This information can include information such as the hardware model, operating system information, app version, app usage and debugging information, browser information, IP address, and device identifiers. For more information about these online tools and how we use them, see our Cookies & Similar Technologies Policy and “Information Uses, Sharing, & Disclosure” Section below.

Data from Kutenda Vendors and Suppliers: We also receive information from our vendors and suppliers about you. This information can include customer service interactions, payments information, delivery information, and information shared in Kutenda’s forums.

Data from Advertising and Marketing Partners: As described below, Kutenda receives information from our advertising and marketing partners about you. This information can include attribution information via cookies and UTM tags in URLs to determine where a visit to Kutenda comes from, responses to marketing emails and advertisements, responses to offers, and audience information from partners who you have given consent to share that information with us.

Location Information: We collect information about your use of the Services for advertising, for analytics, to serve content, and to protect the Services. This can include your IP address, browser information (including referrers), device information (such as iOS IDFA, IDFV for limited non-advertising purposes, Android AAID, and, when enabled by you, location information provided by your device). When you use the Apps, you can choose to share your geolocation details with Kutenda in order to use functions like our local marketplace, maps, and for in-person sales (although you don't need to share these details). You can choose to publish your location when you sell on Kutenda.

We obtain location information you provide in your profile or your IP address. With your consent, we may also determine location by using other information from your device, such as precise location information from GPS or information about wireless networks or cell towers near your mobile device. We use and store information about your location to provide features and to improve and customise the Services, for example, for Kutenda’s internal analytics and performance monitoring; localisation, regional requirements, and policies for the Services; for local content, search results, and recommendations; for delivery and mapping services; and (using non-precise location information) marketing. If you have consented to share your precise device location details but would no longer like to continue sharing that information with us, you may revoke your consent to the sharing of that information through the settings on the Apps or on your mobile device. Certain non- precise location services, such as for security and localised policies based on your IP address or submitted address, are critical for the Site to function. We will only share your geolocation details with third parties (like our mapping, payments, or, to the extent applicable, advertising providers) in order to provide you with the Services. You may also choose to enable the Apps to access your mobile device’s camera to upload photographs to Kutenda.

Analytics Information: We use data analytics software to ensure Site and App functionality and to improve the Services. This software records information such as how often you use the Apps, what happens within the Apps, aggregated usage, performance data, app errors and debugging information, and where the Apps were downloaded from. We do not link the information we store within the analytics software to any personally identifiable information that you submit within the mobile application. For more information, see Kutenda's Cookies and Similar Technologies Policy and Disclosures.

Information from Third Parties: Some members or visitors may choose to connect to Kutenda or register an Kutenda account using an external third-party application, such as Facebook, or an app developed using Kutenda's API. Connecting your Kutenda account to third-party applications or services is optional. If you choose to connect your account to a third-party application, Kutenda can receive information from that application. We may also collect public information in order to connect with you, such as when we communicate with you over social media. We may use that information as part of providing the Services to you. You can also choose to share some of your activity on Kutenda on certain social media networks which are connected to your Kutenda account, and you can revoke your permission anytime in your account settings. Certain third-party applications that you use to create or sign in to your account may provide you with the option to discontinue receiving messages from us or allows you to forward those messages to another email address. If we are unable to send you critical messages about your account, we may suspend or terminate your account.

Non-Member Information: Kutenda receives or obtains information (for example, an email address or IP address) about a person who is not yet a registered Kutenda member (a “non- member”) in connection with certain Kutenda features, such as when a non-member chooses to subscribe to an Kutenda newsletter, a member invites a non-member to visit the Site, a member uploads non-member information using the contact uploader feature, a non-member engages in a transaction, a member sends a gift card code to a non-member,

or a non-member uses Guest Checkout to make a purchase. Non-member information is used only for the purposes disclosed when it was submitted to Kutenda, for purposes necessary to the functioning of Kutenda's Services or where Kutenda has a legitimate
interest, as disclosed in the “Information Uses, Sharing, & Disclosure” Section below, or to facilitate action authorised by a member or the non-member.

Pattern by Kutenda: We also collect certain information from both members and non- members who visit websites hosted by us. This information may include your IP address or unique device identifier, and cookies and data from the pages you visit. To learn more about websites hosted by us through Pattern by Kutenda, see our Pattern Policy. For more information on our use of cookies and collection of tracking information, see our Cookies & Similar Technologies Policy or “Information Uses, Sharing, & Disclosure” section below.

3. Findability

You can choose to import your contacts from your mobile device or personal email address book, or a social network account to Kutenda. We do not retain the login information for your email service, mobile device, or social network site. You can search for people you know by email address or phone number on the Site or through the contact information you import. Finding your friends on Kutenda helps you connect with them on our platform. For example, you can follow another member’s public activity, such as public Favourites. When you begin following another member’s activity, they will receive an email notification (if the member has consented to receiving this type of email).

If you do not want your contacts to be able to find you on Kutenda through your email address, phone number, or social networking connections, then you can change your findability through your account settings. If you do not wish to be located on Kutenda via your name, you can remove your name and instead may use a nickname or alias as your name in your public account information.

4. Messages from Kutenda

On occasion, Kutenda will need to contact you. Primarily, these messages are delivered by email, Kutenda Messages, or by push notifications for a variety of reasons, including marketing, transactions, and service update purposes. If you no longer wish to receive push notifications, you can disable them at device level. You can opt out of receiving marketing communications via email or Messages in your account settings or by following the unsubscribe link in any marketing email you receive. To ensure you properly receive notifications, we will need to collect certain information about your device, such as operating system and user identification information. Every account is required to keep a valid email address on file to receive messages. Kutenda may also contact you by telephone to provide member support or for transaction-related purposes if you request that we call you. Additionally, and with your consent where required by applicable law, Kutenda may send you an SMS (or similar) message, or reach out to you by telephone, in order to provide you with customer support, for research or feedback, or to provide you with information about products and features that you may find of interest. You can update your contact preferences in your account settings.

Some messages from Kutenda are service-related and necessary for members and Guest Checkout users. You understand and agree that Kutenda can send you non-marketing emails, Kutenda Messages, or messages, such as those related to transactions, your account, security, or product changes. Examples of service-related messages include an email address confirmation/welcome email when you register your account, notification of an order, service availability, modification of key features or functions, relaying Messages with buyers, and correspondence with Kutenda’s Support team (including by chat interface or the other methods of communication as described above).

When you register for an account, subscribe to a newsletter, or provide us with your email address or phone number such as for a Guest Checkout purchase, you receive notice of and agree (in some jurisdictions and situations, by an additional unambiguous consent) to receive marketing emails and messages from us. You can unsubscribe at any time from marketing emails or messages through the opt-out link included in marketing emails or messages. Members can also control which marketing emails or messages they receive from Kutenda through their account settings. Please note that some changes to your account settings may take a few days to take effect.

A contact-importer feature is available to help you locate and connect with your friends and contacts who may be members of Kutenda (see the "Findability" section above for more information). If someone in your contact list is not already a member, you may invite them to join Kutenda, and an email will be sent to them on your behalf. Recipients of email invitations may opt out of receiving future invitations by following instructions in the email invitation message. You may send an invitation only to someone who has given you consent to receive one.

5. Community

Kutenda is a marketplace and a community. We offer several features that allow members to connect and communicate in public or semi-public spaces, such as Forums and Teams, which are a part of the Kutenda Community space. You don't have to use these features, but if you do, please use common sense and good judgment when posting in these community spaces or sharing your personal information with others through the Services. Be aware that any personal information that you choose to submit there can be read, collected, or used by others, or could be used to send unsolicited messages to you. We engage certain third parties to assist in providing community services to you and, in the context of that relationship, we need to share some of your information with such third parties in order to provide that service. This may include, for example, information from your Kutenda account that is publicly available, your account’s status, your forum posts and Team memberships, your Kutenda username and/or shop name, the display name you’ve optionally chosen to share publicly in your Kutenda account, avatar image, the date that you registered on Kutenda, as well as your language and regional settings on the Site. If you close your Kutenda account, your Community account, which allows you to post in Forums, will also be closed and related personal information will be deleted. However, your posts may remain public after your account is closed, although your name will no longer be displayed alongside the post. You are responsible for the personal information that you choose to post in community spaces through the Services. You can set your privacy preferences and download your data in your Community Settings, and close or delete your Community account by submitting a request to Kutenda.

Another member may follow your public activity on the Site to receive updates, such as when you add an item to your public Favourites. You may choose to make certain activities private through your account settings. You have the option to block any member with whom you do not wish to share your updates.

6. Information Uses, Sharing, & Disclosure

We respect your privacy. Kutenda will not disclose your name, email address or other personal information to third parties without your consent, except as specified in this policy.

You can control your privacy settings through the opt-out buttons in your account settings privacy tab, and the Privacy Settings link in the footer of most site pages and our homepage. Please note that some changes to your privacy settings may take a few days to take effect. We or our sellers may advertise our Services or our sellers’ products through a variety of different mediums and rely on your consent to do so off-site.

Legal Bases

When you access or use the Services, we collect, use, share, and otherwise process your personal information for the purposes described in this policy. We rely on a number of legal bases to use your information in these ways. These legal bases include where:

Necessary to perform the contractual obligations in our Terms of Use and in order to provide the Services to you;
You have consented to the processing, which you can revoke at any time;
Necessary to comply with a legal or regulatory obligation, a court order, or to exercise or defend any impending or asserted legal claims;
Necessary for the purposes of our or a third party’s legitimate interests, such as those of
visitors, members, or partners (described in more detail below); You have expressly made the information public;
Necessary in the public interest, such as to prevent crime; and
Occasionally necessary to protect your vital interests or those of others (in rare cases where we may need to share information to prevent loss of life or personal injury).
We principally rely on consent (which can be withdrawn at anytime) (i) to send marketing messages, (ii) for third-party data sharing related to advertising, and, to the extent applicable, (iii) for the use of location data for advertising purposes.

We rely on consent for targeted online and offline marketing including through tools like Facebook Custom Audience and Google Customer Match. We or our sellers may advertise our Services or our sellers’ products through a variety of different mediums and rely on your consent to do so off-site. As part of this, we may work with advertising partners such as Facebook, Google, and other partners disclosed in our Cookies and Similar Technology Policy. These partners have their own privacy policies and consent mechanisms for their
customers, in addition to Kutenda’s controls. You may see the privacy policies and privacy choices for these partners, and the information you share with them, in our Cookies and Similar Technology Disclosures.

Our Legitimate Interests

Where we process your information on the basis of legitimate interests, we do so as follows:

Providing and Improving our Services: We use your information to improve and customise our Services, including sharing your information for such purposes, and we do so as it is necessary to pursue our legitimate interests of improving our Services for our users. This is also necessary to enable us to pursue our legitimate interests in understanding how our Services are being used, and to explore and unlock ways to develop and grow our business. It is also necessary to allow us to pursue our legitimate interests in improving our Services, efficiency, interest in Services for users, and obtaining insights into usage patterns of our Services. As a core part of our Services, we have a legitimate interest in customising your on-site experience to help you search for and discover relevant items and recommended purchases, including using this information to help sellers find the best ways to market and sell their products on Kutenda.

Providing Marketing Communications: We rely on our legitimate interest to send you marketing messages (where permitted independent of consent) and for Kutenda's advertising programmes (including Kutenda’s on-site advertising and marketing).

Keeping our Services Safe and Secure: We use your information for safety and security purposes, which can include sharing your information for such purposes, and we do so because it is necessary to pursue our legitimate interests or those of a third party in ensuring the security of our Services, preventing harm to individuals or property, or crime, enforcing or defending legal rights, or preventing damage to Kutenda’s systems, or those of our users or our partners. This includes enhancing protection of our community against spam, harassment, intellectual property infringement, crime, and security risks of all kinds. We use your information to provide and improve the Services, for billing and payments, for identification and authentication, and for general research and aggregate reporting. For example, in accordance with our existing case resolution process, we may use information you provide to resolve disputes with Kutenda or other members.

Buying and Selling: As part of the buying and selling process, Kutenda will facilitate the sharing of information between the two members involved in the transaction, such as the other Kutenda member's delivery address and payment status. This can also involve us sharing your information with some of our third party partners such as our delivery and payment partners to enable us to provide the Service to you. Such partners will process your personal information in accordance with their own privacy policies. In some instances, while they are subject to Kutenda’s privacy and security requirements for vendors, these partners, not Kutenda, are responsible for the protection of personal information under their control. By making a sale or a purchase on Kutenda, you are directing us to share your information in this way. Since this is an important part of the Services we provide, we need to do this in order to perform our obligations under our Terms of Use. We expect you to respect the privacy of the member whose information you have received. As described in Kutenda's Terms of Use, you have a limited license to use that information only for Kutenda- related communications or for Kutenda-facilitated transactions. Kutenda has not granted a license to you to use the information for unauthorised transactions or sending unsolicited commercial messages in violation of any applicable laws, including any consent requirements of the jurisdiction of the recipient. You should only add a member to your email or physical mailing list or otherwise use or store a member’s personal information in accordance with applicable laws, including any consent requirements that apply in that member's jurisdiction.

Site Customisation: We may learn about the types of products that you’re interested in from your browsing and purchasing behaviour on (and off) the Site or Apps and use such information to suggest potential purchases as a result. As a core part of our Services, we have a legitimate interest in customising your on-site experience to help you search for and discover relevant items and recommended purchases, including using this information to help sellers find the best ways to market and sell their products on Kutenda.

Legal and Safety: Kutenda may also retain, preserve, or release your personal information to a third party in the following limited circumstances: in response to lawful requests by public authorities, including to meet legitimate national security or law enforcement requirements; to protect, establish, or exercise our legal rights or defend against impending or asserted legal claims, including to collect a debt, or a material violation of our policies (including our Intellectual Property Policy); to comply with a subpoena, court order, legal process, regulation, or other legal requirement; or when we believe in good faith that such disclosure is reasonably necessary to comply with the law, prevent imminent physical harm or financial loss, or investigate, prevent, or take action regarding illegal activities, suspected fraud, threats to our rights or property, or violations of Kutenda's Terms of Use. For example, if permitted due to the forgoing circumstances, your information may be shared with tax authorities or other governmental agencies. In the cases set out above, our use of your information may be necessary for the purposes of our or a third party’s legitimate interest in keeping our Services secure, preventing harm or crime, enforcing or defending legal rights, or preventing damage. Such use may also be necessary to comply with a legal obligation, a court order, or to exercise or defend legal claims or to facilitate the collection of taxes and prevention of tax fraud. . It may also be necessary in the public interest (such as to prevent crime) or to protect vital interests (in rare cases where we may need to share information to prevent loss of life or personal injury).

If Kutenda receives a lawful, verified request for a member’s records or information in one of the limited circumstances described in the previous paragraph, Kutenda may disclose personal information, which may include, but may not be limited to, a member’s name, address, phone number, email address, company/trading name and, where appropriate, bank account and transaction details. Find out more about how Kutenda responds to requests for records or information about members of Kutenda’s community in our Requests for Information Policy.

Affiliated Businesses: Kutenda is affiliated with a variety of businesses and works closely with them for a variety of purposes, including assisting us to perform and improve the

Services. These businesses may sell items or services to you through the Services or, with your consent, offer promotions (including email promotions) to you. Kutenda also provides services or sells products jointly with affiliated businesses, including providing you with the opportunity to sign up with such partners and allow them to more effectively market to you. When an affiliated business assists in facilitating your transaction, we may need to share information related to the transaction with that affiliated business in order to facilitate your transaction, and this forms part of the Services we provide in accordance with our Terms of Use. We rely on consent (which can be withdrawn at any time) to send marketing messages and for third-party sharing relating to advertising. As part of this, we may work with advertising partners such as Facebook or Google and we may use analytics aggregated from usage information including, for example, search keywords, favourites, browsing history and purchase history.

Aggregated Information: Kutenda may share demographic information with business partners, but it will be aggregated and de-personalised so that personal information is not revealed.

Service Providers: Kutenda also needs to engage third-party companies and individuals (such as research companies, and analytics and security providers) to help us operate, provide, and market the Services. These third parties have only limited access to your information, may use your information only to perform these tasks on our behalf, and are obligated to Kutenda not to disclose or use your information for other purposes. Our engagement of service providers is often necessary for us to provide the Services to you, particularly where such companies play important roles like helping us keep our Service operating and secure. In some other cases, these service providers aren’t strictly necessary for us to provide the Services, but help us make it better, like by helping us conduct research into how we could better serve our users. In these latter cases, we have a legitimate interest in working with service providers to make our Services better.

Business Reorganisation: In some cases, Kutenda may choose to buy or sell assets. Such transactions may be necessary and in our legitimate interests, particularly our interest in making decisions that enable our business to develop over the long term. In these types of transactions (such as a sale, merger, liquidation, receivership, or transfer of all or
substantially all of Kutenda’s assets), member information is typically one of the business assets that is transferred. If Kutenda intends to transfer information about you, Kutenda will notify you by email or by putting a prominent notice on the Site and the App, and you will be afforded an opportunity to opt out before information about you becomes subject to a different privacy policy.

Third Parties: Third-party plug-ins also collect information about your use of the Site. For example, when you load a page on Kutenda that has a social plug-in from a third-party site or service, such as a “Like” or “Send” button, you are also loading content from that third- party site. That site may request cookies directly from your browser. These interactions are subject to the privacy policy of the third-party site. In addition, certain cookies and other similar technologies on the Site are used by third parties for targeted online marketing and other purposes. These technologies allow a partner to recognise your computer or mobile device each time you use the Services. Please be aware that when you use third-party sites or services, their own terms and privacy policies will govern your use of those sites or services. Kutenda chooses and manages these third-party technologies placed on its Sites and Apps. However, these are third-party technologies, and they are subject to that third party's privacy policy. For more information, see our Cookies & Similar Technologies Policy. We rely on your consent to drop and read these cookies when not technically necessary or when not required based on another purpose such as legitimate interest.

This policy does not apply to the practices of third parties (such as other members who sell using the Services, certain third-party providers on whom we rely to provide certain services, or API users) that Kutenda does not own or control or individuals that Kutenda does not employ or manage, except as otherwise provided for in the Terms or as required by law. If you provide your information to such third parties in connection with your use of the Services, different practices may apply to the use or disclosure of the information that you provide to them. While Kutenda requires these third parties to follow Kutenda’s privacy and security requirements, Kutenda does not control the privacy or security policies of such third parties. To the full extent applicable in your jurisdiction, Kutenda is not responsible for the privacy or security practices of these sellers, API users, or other websites on the internet, even those linked to or from the Services. We encourage you to read the privacy policies and ask questions of third parties before you disclose your personal information to them. For the purposes of European law, these sellers, third party providers, and API users are independent controllers of data, which means that they are responsible for providing and complying with their own policies relating to any personal information they obtain in connection with the Services.

7. Transfers

Kutenda operates a global service. If you reside outside of North or South America, your personal information is controlled by Kutenda Ireland UC. By using our Services, you understand that Kutenda Ireland UC may share some of the information it gathers with Kutenda, Inc. (its US parent company) or other Kutenda affiliates for purposes described in this privacy policy, including for ID verification, transaction reviews, and payment processing.

The United States, European Economic Area (“EEA”) Member States, and other countries all have different laws. When your information is moved from your home country to another country, the laws and rules that protect your personal information in the country to which your information is transferred may be different from those in the country in which you live. For example, the circumstances in which law enforcement can access personal information may vary from country to country. In particular, if your information is in the US, it may be accessed by government authorities in accordance with US law.

To the extent that Kutenda is deemed to transfer personal information outside of the EEA, we rely separately, alternatively, and independently on the following legal bases to transfer your information:

Model Clauses

The European Commission has adopted standard contractual clauses (also known as Model Clauses), which provide safeguards for personal information that is transferred outside of Europe. We often use these Model Clauses when transferring personal information outside of Europe. You can request a copy of our Model Clauses by emailing legal@Kutenda.com.

Privacy Shield
Kutenda, Inc. does not participate in Privacy Shield at this time. However, Kutenda Ireland UC may rely on the EU-US Privacy Shield to transfer personal information to some of our third party service providers in the United States, where they are certified to receive such information under the Privacy Shield Program.

Necessary for the Performance of the Contract between Kutenda and its Members
Kutenda provides a voluntary service; you can choose whether or not to use the Services. As we operate in countries worldwide and use technical infrastructure in the U.S. to deliver the Services to you, in accordance with the contract between us (our Terms of Use), we need to transfer your personal information to the U.S. and to other jurisdictions as necessary to provide the Services. Simply put, we can’t provide you with the Services and perform our contract with you without moving your personal information around the world.

8. Security

The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and after it is received, for example encryption is used for certain information (such as credit card numbers) using TLS (transport layer security). Unfortunately, no method of transmission over the internet or method of electronic storage is 100% secure. Therefore, while we strive to protect your personal information, we can't guarantee its absolute security.

Your account information is protected by a password. It is important that you protect against unauthorised access to your account and information by choosing your password carefully and by keeping your password and computer secure, such as by signing out after using the Services. Kutenda offers advanced security features and settings for members, such as two-factor authentication for signing in, and sign in history and notifications; you can view more information in your account settings.

If you have any questions about the security of your personal information, you can contact us at legal@Kutenda.com.

9. Retention

Kutenda will retain your information only for as long as is necessary for the purposes set out in this policy, for as long as your account is active (i.e., for the lifetime of your Kutenda member account), or as needed to provide the Services to you. If you no longer want Kutenda to use your information to provide the Services to you, you may close your account. Kutenda will retain and use your information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your information to comply with applicable tax/revenue laws), resolve disputes, enforce our agreements, and as otherwise described in this policy. In addition, Kutenda sellers may also be required to retain and use your information in order to comply with their own legal obligations. Please note that closing your account may not free up your email address, username, or shop name (if any) for reuse on a new account. We also retain log files for internal analysis purposes. These log files are generally retained for a brief period of time, except in cases where they are used for site safety and security, to improve site functionality, or we are legally obligated to retain them for longer time periods.

10. Your Rights & Choices

Certain privacy laws around the world, including the European General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA), provide users with rights related to their personal information. Consistent with those laws, Kutenda gives you the choice of accessing, editing, or removing certain information, as well as choices about how we contact you. You may change or correct your Kutenda account information through your account settings. You may also remove certain optional information that you no longer wish to be publicly visible through the Services, such as your name. You can also request to permanently close your account and delete your personal information. Depending on your location, you may also benefit from a number of rights with respect to your information.While some of these rights apply generally, certain rights apply in limited cases.

Right to Access & Portability: You can access certain personal information associated with your account by visiting your account privacy settings. You can request a copy of your personal information in an easily accessible format and information explaining how that information is used. See this Help Centre article for more information.

Right to Correction: You have the right to request that we rectify inaccurate information about you. By visiting your account settings, you can correct and change certain personal information associated with your account.

Right to Restrict Processing: In certain cases where we process your information, you may also have the right to restrict or limit the ways in which we use your personal information. Right to Deletion: In certain circumstances, you have the right to request the deletion of your personal information, except information we are required to retain by law, regulation, or to protect the safety, security, and integrity of Kutenda. See this Help Centre article for more information.

Right to Object: If we process your information based on our legitimate interests as explained above, or in the public interest, you can object to this processing in certain circumstances. In such cases, we will cease processing your information unless we have compelling legitimate grounds to continue processing or where it is needed for legal reasons. Where we use your personal data for direct marketing purposes, you can object using the unsubscribe link in such communications or changing your account email settings.

Right to Withdraw Consent: Where we rely on consent, you can choose to withdraw your consent to our processing of your information using specific features provided to enable you to withdraw consent, like an email unsubscribe link or your account privacy preferences. If you have consented to share your precise device location details but would no longer like to continue sharing that information with us, you can revoke your consent to the sharing of that information through the settings on your mobile device. This is without prejudice to your right to generally permanently close your account and delete your personal information.
The CCPA provides California residents with the following additional rights:

Right to Know: California residents may request disclosure of the specific pieces and/or categories of personal information that the business has collected about them, the categories of sources for that personal information, the business or commercial purposes for collecting the information, the categories of personal information that we have disclosed, and the categories of third parties with which the information was shared.

Right to Opt-Out: To the extent that Kutenda “sells” personal information(as that term is defined under the CCPA), California residents are entitled to opt-out of the “sale” of data at any time (see below for more information).
If you would like to manage, change, limit, or delete your personal information, you can do so via your Kutenda account settings. Alternatively, you can exercise any of the rights above by contacting us by submitting a message through our contact form available in our Help Centre, chat support, or through any other channels available via our Help Centre. Once you contact us to exercise any of your rights, we will confirm receipt of your request.

Limiting use of, or deleting, your personal information may impact features and uses that rely on that information. However, we will not discriminate against you for exercising any of your rights, including otherwise denying you goods or services, providing you with a different level or quality of services, or charging you different prices or rates for services. If you need further assistance, you can contact Kutenda through one of the channels listed below under “Contact.” We will respond to your request within a reasonable timeframe.

Please note that we may verify your identity before we are able to process any of the requests described in this Section, and in our discretion, deny your request if we are unable to verify your identity. As a part of this process, government or other identification may be required. You may designate an authorised agent to make a request on your behalf. In order to designate an authorised agent to make a request on your behalf, you must provide a valid power of attorney, the requester’s valid government issued identification, and the authorised agent’s valid government issued identification, and we may verify the authenticity of the request directly with you.

Email & Messages
You may also control the receipt of certain types of communications from Kutenda in your account settings. Kutenda may send you messages about the Services or your activity. Some of these messages are required, service-related messages for members (such as transactional messages or legal notices). Other messages are not required, such as newsletters. You can control which optional messages you choose to receive by changing your account settings, and you can learn more in the “Messages from Kutenda” Section of this policy. If you no longer wish to use the Services or receive service-related messages (except for legally required notices), then you may close your account. Click here to learn how to close your account.

Cookies

We use both technically necessary (for the functioning and security of the Services) and non-technically necessary cookies and similar technologies. A more detailed explanation of the technologies we use, and how to opt out when applicable, can be found in Kutenda’s Cookies & Similar Technologies Policy.

Additional Disclosures for California Residents Notice of Collection
In addition to the Rights & Choices described above, the CCPA requires disclosure of the categories of personal information collected over the past 12 months. While this information is provided in greater detail in the "Information Collected or Received" Section above, the categories of personal information that we have collected – as described by the CCPA – are:

Identifiers, including name, email address, shop name, IP address, and an ID or number assigned to your account.
Other individual records such as phone number, billing address, or credit or debit card information. This category includes personal information protected under pre-existing California law (Cal. Civ. Code 1798.80(e)), and overlaps with other categories listed here. Demographics, such as your age or gender, or, where you have provided such information to Kutenda voluntarily, demographic information about your race, ethnicity, sexual orientation, or gender identity, provided in relation to specific marketing and advocacy projects and campaigns.This category includes data that may qualify as protected classifications under other California or federal laws.
Commercial information, including purchases and engagement with the Services. Internet activity, including your interactions with our Services and what led you to our Services.

Sensory visual data, such as pictures posted on our Service.
Geolocation data provided through location enabled services such as WiFi and GPS. Inferences, including information about your interests, preferences and favourites. The Purposes for Our Collection

We collect and use these categories of personal information for our business and
commercial purposes described in the “Information Uses, Sharing and Disclosure” Section above, including providing and improving the Services, maintaining the safety and security of the Services, processing purchase and sale transactions, and for advertising and marketing services.

Third Party Marketing and Advertising and Your Rights (Opt-Out of “Sale”)

Kutenda does not sell personal information to third parties for monetary value. However,
the term “sale” is defined broadly under the California Consumer Privacy Act. To the extent that “sale” under the CCPA is interpreted to include interest based advertising or other data uses described in the “Information Uses, Sharing and Disclosure” Section above, we will comply with applicable law as to those activities. You can read more in our Cookies & Similar Technologies Policy.

To opt-out of receiving interest based advertising, you can exercise your choice by using your account privacy settings, or the general privacy settings link located at the footer of our homepage and most pages of the Site. The right to opt-out of interest based advertising is available to all Kutenda users.

Do Not Track Signals

Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is no industry consensus as to what site and app operators should do with regard to these signals. Accordingly, unless and until the law is interpreted to require us to do so, we do not monitor or take action with respect to “Do Not Track” signals. For more information on “Do Not Track”, visit http://www.allaboutdnt.com.

Shine the Light

California law entitles residents to ask for a notice describing what categories of personal information we share with third parties for their own direct marketing purposes. Other than to Sellers on Kutenda (see “Buying and Selling” under the “Information Uses, Sharing and Disclosure” Section above), who must obtain your separate consent for their own marketing off of Kutenda, or unless you request us to or consent to it, Kutenda does not share any personal information to third parties for their own direct marketing purposes. If you have questions about these practices, you can contact us through one of the channels listed in
the “Contact” Section below. For information on interest based advertising with Kutenda and how your information is used for marketing, see Kutenda’s Cookies & Similar Technologies Policy.

Accessibility

If you have a disability and would like to access this policy in an alternative format, please
contact us using one of the channels listed in the “Contact” section below.

11. Your Responsibilities

If you sell using our Services or use Kutenda’s API, you may receive and determine what to do with certain personal information. Your privacy responsibilities, including when you act as an independent data controller (someone who decides what personal data to collect and the purpose you use the data for) are laid out in the Kutenda Seller Policy and the Kutenda API Terms of Use.

12. Privacy Policy Changes

We may amend or update this policy from time to time. If we believe that the changes are material, we’ll let you know by doing one (or more) of the following: (i) posting the changes on or through the Services, (ii) sending you an email or message about the changes, or (iii) posting an update in the version notes on the Apps’ platform. We encourage you to check back regularly and review any updates.

As a global company based in the UK with operations in other countries, Kutenda must comply with economic sanctions and trade restrictions, including those implemented by the https://www.gov.uk/guidance/current-arms-embargoes-and-other-restrictions. This means that Kutenda or anyone using our Services can't take part in transactions that involve designated people, places, or items that originate from those places, as determined by agencies like UK.GOV.

This policy applies to anyone that uses our Services, regardless of their location. It is up to you to familiarise yourself with these restrictions.

For example, these restrictions generally prohibit, but are not limited to, transactions involving:

Certain geographic areas, such as Crimea, Cuba, Iran, North Korea, and Syria, or any individual or entity operating or residing in those places;
Individuals or entities identified on sanctions lists such as OFAC’s Specially Designated
Nationals (“SDN”) List or Foreign Sanctions Evaders (“FSE”) List;
Nationals of Cuba, regardless of location, unless citizenship or permanent residency outside of Cuba has been established; and
Items originating from areas including https://www.gov.uk/guidance/current-arms- embargoes-and-other-restrictions. In order to protect our community and marketplace, Kutenda takes steps to ensure compliance with sanctions programmes. For example, Kutenda prohibits members from using their accounts while in certain geographic locations. If we have reason to believe you are operating your account from a sanctioned location, such as any of the places listed above, or are otherwise in violation of any economic sanction or trade restriction, we may suspend or terminate your use of our Services.

Members are generally not permitted to list, buy, or sell items that originate from sanctioned areas. This includes items that pre-date sanctions, since we have no way to verify when they were actually removed from the restricted location. Kutenda reserves the right to request that sellers provide additional information, disclose an item's country of origin in a listing, or take other steps to meet compliance obligations. We may disable listings or cancel transactions that present a risk of violating this policy.

In addition to complying with OFAC and applicable local laws, Kutenda members should be aware that other countries may have their own trade restrictions and that certain items may not be allowed for export or import under international laws. You should consult the laws of any jurisdiction when a transaction involves international parties.

Finally, Kutenda members should be aware that third-party payment processors, such as PayPal, may independently monitor transactions for sanctions compliance and may block transactions as part of their own compliance programmes. Kutenda has no authority or control over the independent decision-making of these providers.

The economic sanctions and trade restrictions that apply to your use of the Services are subject to change, so members should check sanctions resources regularly. For legal advice, please consult a qualified professional.

Delivery / Returns
Cancellations
If you are unable to complete a transaction, you must notify the buyer via our support system and cancel the transaction. If the buyer already submitted payment, you must issue a full refund. You are encouraged to keep proof of any refunds in the event a dispute arises.

European Union Right of Withdrawal
Buyers in the European Union (EU) may be entitled to a 14-day “right of withdrawal” after receiving an item, during which they may return an item for any reason. The details of this right vary by EU member state. The right of withdrawal does not apply to custom items or certain perishable goods. Rights with respect to digital items vary by EU member state.

Disputes
We ask buyers to contact sellers directly and attempt to resolve any outstanding issues before contacting Kutenda. For this reason, it is important that you fill out your shop policies and regularly respond to Conversations from your buyers. All conversations are recorded in our database and will be used as evidence in deciding what action to take.

Seller Protection
Before the 14-day statutory period.
Buyers in the European Union (EU) may be entitled to a 14-day “right of withdrawal” after receiving an item, during which they may return an item for any reason. The details of this right vary by EU member state. The right of withdrawal does not apply to custom items or certain perishable goods. Rights with respect to digital items vary by EU member state.

After the 14-day statutory period.
Customers can return the item within the 14-day statutory period. After this time, the customer can request a refund but it is up to the seller to accept or deny the request. If the customer is unsatisfied, they can open a dispute with us for us to investigate. If the seller has proof of delivery (postal tracking), we would side with the seller.

All payments are captured online through Stripe or PayPal.
Payments captured by Stripe are automatically processed through Stripes Radar system.
Radar’s machine learning distinguishes fraudsters from customers and applies Dynamic 3D Secure to high-risk payments.
Payments captured by PayPal are protected by the PayPal Seller Protection Policy. PayPal Seller Protection can cover you in the event of claims, chargebacks, or reversals that are a result of unauthorized purchases or items your buyer didn’t receive.
More details can be seen below. https://stripe.com/gb/radar

https://www.paypal.com/uk/smarthelp/article/what-is-the-seller-protection-policy-and- what-items-aren%E2%80%99t-covered-faq1156
The customer does have the right to request a charge-back via their bank. However, the risk of this happening is minimal.