Terms of Use

Colabination Coropoaration owns a marketplace website called “Flagship” that is located at flagship.market.  If you are using flagship.market in any way, you agree to comply with the following terms of use.

1. You agree to the terms of this agreement:

This document and the other documents that are referenced below make up the Terms of Use (hereinafter referred to as the “Terms”).

The Terms are a legally binding contract between you (hereinafter referred to as “you”, “your”, “yourself”, “Seller” or “Brand”) and Colabination Corporation (hereinafter referred to as “The Company”, “We”, “Our”, “Colabination Corporation”, “Colabination”, “Flagship” or “flagship.market”)

This contract sets out your rights and responsibilities when you use flagship.market and the services provided by Colabination Corporation (we’ll refer to flagship.market and other services as our “Services” or “Site” or “website”), so please read it carefully. By using any of our Services (even just browsing one of our websites), you’re agreeing to the Terms and Conditions outlined in these agreements. If you don’t agree with the Terms, you may not use our Services.

We reserve the right to update or modify the Terms at any time without prior notice.  Therefore, you should read the Terms every time you visit the site.  If you do not agree to any portion of the Terms, then you should not use the services provided and leave the site.  Your use of the Site following any changes to the terms constitutes your acceptance of the updated Terms.

These Terms don't create any agency, partnership, joint venture, employment, or franchisee relationship between you and Colabination Corporation.

Incorporated as part of this document are the Buyers policy (below), Seller Policy (below), and Privacy Policy documents, which you agree to follow the terms outlined in those agreements.  

2. What we offer at flagship.market

Flagship connects brands who wish to sell their products to buyers who wish to buy from unique brands from around the world.  Some parts of this document apply to buyers and some to sellers.  Not all parts of this document will apply to you.  However you must abide by all parts of the document that apply to you.

3. Our privacy policy.

At Flagship, your privacy is important to us.  If you want to know more about our privacy policy, please read our privacy policy document.

4. Using our Services

When using Flagship we grant you a non-exclusive, limited, non-transferable and revocable license to use our Services as spelled out in this Terms of Use document.  The following are some of the restrictions to the use of our site.  You agree to the following:

a)     Whether you are buying or selling, you are responsible to pay all fees that are owed to Flagship.

b)     You agree not to break any or sell anything that does break any, local, federal or international laws. 

c)     You agree not to cause any damage, harm or interference in any way to our site.

d)     You agree not to steal anything from our site by any means whatsoever. That includes reverse engineering or gaining access to source code, downloading our IP, including but not limited to our photos, videos, text or copy.

e)     If you should decide to offer us any suggestions on ways to improve our site, those suggestions will be considered as non-confidential and non-proprietary to you.  Therefore, without any compensation to you, you are granting us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose whatsoever.

f)      You understand that the name “Flagship” and the contents on the site are protected by trademark and copyright. Any use of such is expressly prohibited.

5. Rules for an account with Flagship.market

a)     To access some of the features on flagship.market, you will have to create an account.

b)     Any activity on your account is your responsibility.  Please guard your passwords, as you are financially responsible. If you are sharing your account with someone else, whoever is the owner of record on the account will be responsible for all financial obligations of the account.

c)     All information you enter must be true and accurate. Do not use any false information or another person or company.

d)     Don’t be vulgar, or infringe on a person or company’s IP rights.

e)     You cannot transfer your account to anyone else.

6. If you have content on our site.  You represent and are responsible as follows:

a)     You represent that you have the rights to any content that you post. 

b)     You own the content and are not infringing or violating any third party’s rights to the content.  If we are notified that it does infringe, we will remove you from the site.

c)     Your content is not obscene, vulgar, abusive, defamatory, threatening in any way, fraudulent, deceptive or misleading.  If it is, it will be removed and your account closed.

d)     You are granting Flagship a license and permission to use the content.

e)     By posting Your Content, you grant Colabination Corporation a worldwide, non-exclusive, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, and store your Content, in any formats and through any channels, including across the site or any third-party website or advertising medium.

f)      If content that you own or have rights to has been posted to flagship.market without your permission and you want it removed, please notify us at felix@flagship.market.

7. Termination of your services  

a)      If you are a customer, you may terminate your account at any time.

b)     If you are a brand, you must give Flagship 60 days notice to terminate your account, as there may be marketing efforts that are in the works and you need to honor those plans.   In addition, you must fulfill any order placed, and pay any fees owed to Flagship.

c)      We can terminate a customer or a brand at any time, for any reason, and without advance notice.  

d)     Flagship may refuse service to anyone, at any time, and without reason.

e)      If Flagship terminates your account, you may lose any information associated with your account.

f)      Flagship has the right to change, suspend, or discontinue any part of it’s services at any time and for any reason.  Flagship will not be liable to you for any effects that these changes may cause to you, including your ability to make revenues through the site or any income on the site.

g)     Regardless of the reasons for termination or the moving party of the termination, the Terms will remain in effect in perpetuity.

7. Intellectual Property

All materials (collectively referred to as, the "Content") on the Site are owned, controlled, lawfully used, or licensed by Flagship unless noted otherwise.  These materials include but are not limited to text, designs, images, photographs, emails, illustrations, icons, video clips and other materials, and the trademarks, copyrights, trade dress and/or other intellectual property in such materials.  In addition, products available on the sites that are owned by or trademarks of third parties are lawfully being used by Flagship.

You may not distribute, modify, reproduce, publish, transmit, display, create derivative works from, sell or exploit in any way the content from the site. The content on the site and the site itself are intended solely for non-commercial, personal use. No interest in any downloaded content is transferred to you, and no right or title is transferred to you as a result of downloading or copying content from the site.

9. Limitation of Liability and Warranties

a)     Flagship does not make any representations concerning the content posted by the brands.  Therefore, Flagship is not responsible for the legality, decency, accuracy, compliance, or copyright of products, text or comments on the site.   You may find some of the materials inappropriate or offensive. By using the site, you release Flagship from any and all liability related to this material.

b)     The site is a marketplace that allows buyers and sellers to connect. Flagship does not manufacture, inspect, validate, or store any of the products sold on the site.  Flagship therefore does not make any warranties about their safety, quality, or legality. If there is a product that you have a legal claim against, it must be made directly to the brand and not to Flagship. You hold Flagship harmless and provide a full release to Flagship for any claim related to items sold on the site, including but not limited to misrepresentations of sellers, defective products, or products that caused any physical injury whatsoever.  Any product liability claim must be brought against the seller of the product directly.

c)     Sometimes we use third-party websites or services that we do not control or have any financial interest in.  There may be links to sites like Facebook, Twitter, Pinterest, Instagram, etc. on our website, and we do not own or control them.  Therefore, if you click on those links and use those sites, you are doing so at your own risk. Those sites may require you to accept their own terms of use, which could be very different from ours.   When using those sites, the legal or personal relationship is between you and the owners of those sites.  Flagship is not a party to those agreements and is not responsible for anything that happens while you use those sites.

d)     If you find that you have a dispute with another member of the site, we ask that you amicably resolve the dispute between each other.  Flagship is under no obligation to help you resolve the dispute, but from time to time we will help to facilitate a resolution to the dispute.  In all cases, you release Flagship from any claims, demands and damages arising from any dispute with other users or parties.

Flagship will use its best efforts to help members resolve their disputes but offers no assurances that its’ efforts will result in a satisfactory resolution.

10. No Warranty

COLABINATION CORPORATION, COLABINATION’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND COLABINATION'S SUPPLIERS PROVIDE COLABINATION'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. COLABINATION, COLABINATION'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND COLABINATION'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM COLABINATION SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

 11. Liability Limit

IN NO EVENT SHALL COLABINATION, AND (AS APPLICABLE) COLABINATION'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR COLABINATION’S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, COLABINATION'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

COLABINATION'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF COLABINATION'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO COLABINATION IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 12. Indemnity

YOU AGREE TO INDEMNIFY AND HOLD COLABINATION AND (AS APPLICABLE) COLABINATION'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

 13. Errors, Inaccuracies, and Omissions

Occasionally there may be information on our Sites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, photographs, videos, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Sites is inaccurate at any time without prior notice (including after you have submitted your order).

21. Choice of Law

This Agreement shall be construed in accordance with the laws of the County of Montgomery in the Commonwealth of Pennsylvania, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively in the personal jurisdiction in Montgomery County by the state and/or federal courts of the Commonwealth of Pennsylvania.

 

14. Entirety

The Terms in this document make up our entire agreement and supersede any other agreement between you and Flagship regarding the use of the site.   If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the remaining part of the Terms will remain in full force and effect.   If Flagship knowingly or unknowingly fails to enforce any part of the Terms it is not a waiver of Flagship’s rights to later enforce that or any other part of the terms. Flagship has the right at any time to assign Flagship’s rights or obligations under the Terms to another party.

15. Contact Information

If you have any questions about the Terms, please email us at: felix@flagship.market.

Or write to:

Flagship

C/O Colabination

2628 Martha Street, Unit 1C

Philadelphia, Pa  19125

 

Updated on May 31, 2017


Buyer and Seller Policy to follow


 

Buyer Policy

Flagship.market is a marketplace where unique hard to find fashion and accessory brands list their products for sale and buyers (referred to as “Buyers” or “you”) can purchase them.  When we talk about Colabination Corporation (hereinafter referred to as “The Company”, “We”, “Our”, “Colabination Corporation”, “Flagship”or “flagship.market”) we are talking about the Company that wholly owns flagship.market (referred to as the “site” or “website”). You agree that this Buyer policy is part of the Terms of Use Agreement and that you will follow all of the terms outlined in each document.

Purchasing products on Flagship

By making a purchase on Flagship, you agree to the following:

  1. Even though Colabination Corporation will charge your credit card for the sale, the products will be shipped directly from the brands location.  Flagship does not hold any inventory. Be patient, the brand has 5 business days to get the order processed and enter a tracking number in to our system.
  2. You have read the item description and policies before making a purchase
  3. You have submitted appropriate payment for item(s) purchased.
  4. You have provided accurate shipping information to the brand.
  5. You are responsible for paying all fees and applicable taxes associated with using the site.
  6. All credit card transactions are processed through Stripe and will show the name Colabination Corporation.  
  7. Flagship does not pre-screen sellers and therefore does not guarantee or endorse any items sold on Flagship or any content posted by sellers (such as photographs or language used in listings or products)
  8. Each seller on Flagship has their own processing times and shipping methods.
  1. If you have not received your tracking information by the 5th business day, then please contact us at felix@flagship.market, and we will follow up with the brand on your behalf

Requesting a Cancellation

If you cancel your order before the item has shipped, then you will be entitled to a full refund.  If the item has shipped, then you will be responsible for any restocking fees, and/or and return shipping costs. To request a cancellation, email the felix@flagship.market.

Order Problems, Product Returns and Product Exchanges

For 14 days following the delivery date (delivery date means the date that you received the product to the address stated in the order), you have the right to evaluate and or return the product to the brand for any reason whatsoever without question. There are two types of product return scenarios, “Brand - Fault” and “Brand - Not at Fault”. If you received the item as described and would like to return it for any reason that is considered a “Brand - Not at fault” reason, you will be charged a $7 shipping charge to return that product to the brand.

If however the item is being returned due to a mistake of the brand “Brand – Fault”, i.e. wrong size sent, wrong color sent, wrong pattern sent, product never received, entire order not fulfilled, damaged product, etc., then the brand will be responsible for the cost of return shipping along with the cost to send the corrected order back to you (only in the cases of exchange).

In either case, your credit card will not get refunded until the brand receives the product back in the original condition that it was sent to you.

If a product does not get delivered, we would consider that a “Non-Delivery” occurrence.   If you place an order and submit payment, but either, 1) the seller does not ship the product, 2) it goes to the wrong address, or 3) there is no proof that the item was shipped, then you would be entitled to a refund. Please contact us at felix@flagship.market  so that we may try to resolve the issue.  

Last updated on May 31, 2017

 

Seller policy to follow

Seller Policy

Colabination Corporation (hereinafter referred to as “The Company”, “We”, “Our”, “Colabination Corporation”, “Colabination”, “Flagship”, or “flagship.market”) operates a marketplace where you (hereinafter referred to as “you”, “your”, “yourself”, “Seller” or “Brand”) can sell your products directly to buyers (hereinafter referred to as “Buyers” or “Customers” or “They” ) around the world. Please read to find out about your rights, as well as what is expected of you, as a seller.

This policy is a part of the Terms of Use document of the website.  When selling your products on flagship.market, (also referred to as the “Site” or “Website”), you are agreeing to this policy document and our Terms of Use agreement.

Products that can be sold on Flagship.market

Flagship.market is a marketplace to find unique fashion, accessory, home decor, beauty and other products from brands located around the world. You can sell any fashion or fashion accessory that you own and have the complete and unfettered legal rights to sell.

Products that cannot be sold on Flagship.market

Any item that violates any intellectual property rights is not allowed to be sold on Flagship.market.

Flagship may remove any listings that violate our policies. Note that listing fees are non-refundable. Flagship may also suspend or terminate your account for any violations of this agreement or the Terms of Use agreement. You’ll still be required to pay any outstanding fees on your account.  In the event you violate any terms of this agreement, we reserve the right to hold any payments due you until the dispute is resolved.

Representing yourself and your products honestly

At Flagship, we value transparency. Transparency means that you honestly and accurately represent yourself, your products, and your business.

By selling on Flagship.market, you agree that you will:

  1. Provide honest, accurate information in your products and company descriptions.
  2. Accurately represent your items in photos.
  3. Respect the intellectual property of others. If you feel someone has violated your intellectual property rights please let us know.
  4. Not engage in fee avoidance or circumvention.
  5. Not try to steal a customer from Flagship or redirect a buyer to your website. 

Communication emails

As a result of a transaction on the Site, you may receive a buyer’s email address or other proprietary buyer information as a result of the sale. This information is considered the intellectual property rights of Flagship and may only be used for Flagship’s related communications. You may not use this information for any other purposes other than to facilitate the sale that was created on Flagship.market. Any unsolicited commercial messages, unauthorized transactions by you, or the addition of any of Flagship.market members to your email, physical mailing lists, store or misuse of any payment information is strictly prohibited and will be considered a violation of the terms of use and theft of Flagship’s IP.  This misuse is grounds for the removal of your account from the site along with possible legal remedies.

About your content on the site

To build out your store on the site you will or we will on your behalf, upload all different types of content, such as photos, text, and possibly videos. You agree that you will not upload any content that is:

  1. False, deceptive, or misleading
  2. Abusive, threatening, defamatory, or harassing
  3. Vulgar or Obscene
  4. Not In violation of anybody’s privacy or intellectual property rights

Shipping policy

Domestic Shipping: Brand will pay for the cost of shipping products to the customer within 5 business days of receiving the order confirmation from Flagship and then upload tracking information to Flagship’s website.  

International Shipping: If either the customer or Brand is located outside of the USA, then Flagship will charge the customer a shipping fee of $14 per product, to contribute to the brand for shipping. If you will be unable to comply with shipping times due to a vacation or other instances, one weeks notice must be given to Flagship to allow for temporary store deactivation.

Product Return Shipping: Flagship will charge the customer $7 for a return postage label. This return postage is the responsibility of Flagship unless the item is incorrect or a “Brand -  Fault” (as defined below); in that case the brand will cover the cost of return shipping.

Order Problems, Product Returns and Product Exchanges

For 14 days following the delivery date (delivery date means the date that the customer received the product to the address stated in the order), the customer has the right to evaluate and or return a product to the brand for any reason whatsoever without question.  There are two types of product return scenarios, “Brand - Fault” and “Brand - Not at Fault”. Flagship will pay for the return shipping for all returns where the reason for return is not to do with a mistake by the brand. We call these returns “Brand-Not at Fault”.  However, if the item is being returned due to a mistake of the brand “Brand – Fault”, i.e. wrong size sent, wrong color sent, wrong pattern sent, product never received, entire order not fulfilled, etc., then the brand will be responsible for the return shipping along with the cost to send the corrected order back to the customer.

Flagship’s fees

Flagship’s fee is 30% of Total order value (Product Sales).  For example: A $100 sale would net $30 to Flagship and $70 to the brand (before any other fees like shipping or wire transfer fees).  Brand payments will be available to the brands for withdraw 30 days after the date of shipment (day 1 of the 30 days begins on the day a tracking number is entered into the system). This will allow enough time for the customer to receive the item and evaluate the product for 14 days before the sale in non-refundable.

Marketing allowance (Optional): The parties from time to time may agree to create custom marketing programs, promotional sales or product discounts to generate sales. The cost of these custom programs will be deducted from the TOV before company’s 30% fee is taken. Net profit = Total Order Value - Marketing Allowance.  For example:  If we spend 15% to market your $100 product, Net Profit is $85 ($100 - $15). Flagship will take 30% of $85 which is $25.50 leaving the brand with $59.50.

We expect our brands to provide great customer service

By selling on Flagship, you agree to respond to all customer service inquiries within 1 business day from the date of receipt. We expect you to:

  1. Honor your processing and shipping times. Sellers are obligated to ship an item within 5 days of receipt of the order from the site, unless there is an exceptional circumstance. Please be aware that legal requirements for shipping times vary by country.  
  1. Cooperate with Flagship to resolve any issues that arise.
  1. Resolve disagreements or disputes timely.  
  2. If for some reason, you are unable to complete an order in the time expected or at all, then you must notify Flagship to cancel the order within 48 hours from the date of sale.

Cancellations, Returns, and Exchanges

Within 48 hours from the date of sale, if you are unable to complete a transaction, you must notify the buyer via the site and cancel the transaction.  Flagship will issue a full refund if the buyer has already submitted payment.

We have outlined the rules regarding shipping, returns and exchanges in this document and the terms of use document; however you must also be aware that each country has its own laws surrounding shipping, cancellations, returns, and exchanges. You must know the laws of your own country and those countries laws where your buyer is located.

If the brand and the buyer agree to an exchange, the exchange must be sent out to the buyer within 2 business days of receipt of the original item returned.  Brand payments will reset to the date that the new delivery received by the customer.

Marketing efforts by Flagship.

  1. Flagship will use its best efforts to market your products using any method available to generate sales for the brand on Flagship, other websites, social media, print or other forms of marketing. This may include but not be limited to paid affiliates, paid advertising, package with other brands, offer discounts and email blasts. By being listed on yourflaghip.com you authorize Flagship to perform these services as outlined in these terms at its own discretion and without any previous approval by you. You hold Flagship harmless for any and all claims arising out of these marketing activities.
  2. You will provide to Flagship your Intellectual Property (“IP”), to include but not be limited to your brand’s products, images, photos, videos, logos or written descriptions of products or brand story and to allow Flagship to use your IP in any way whatsoever for Flagship’s own benefit or for your benefit. You expressly authorize Flagship to use your IP in print, video, email, internet, web, or any other form that Flagship desires. You will both provide Flagship with this IP directly and will allow Flagship to take your IP directly from your website, social media or other source.  
  3. Flagship does not claim ownership rights in your Content. You grant Flagship a license solely to enable Flagship to use any information or Content either available on your site, social media, or that you supply Flagship with, so that Flagship is not violating any rights you might have in that Content. You grant Flagship a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow Flagship to store, translate, or reformat your Content on Flagship and display your Content on Flagship in any way Flagship chooses. Flagship will only use personal information in accordance with Flagship's Privacy Policy.
  4. You allow Flagship to alter your IP in any way whatsoever that Flagship deems fit for your benefit or the benefit of Flagship.
  5. You allow Flagship to offer discounts and purchase incentives that reduce the list price of an item or reduces the total order value of a sale.
  6. From time to time at your discretion you may provide Flagship with products at cost or no cost to be used in Flagship’s marketing efforts.
  7. You will provide product photography that meets the guidelines outlined in the Brand Photography Guide. If you are unable to comply with the photo requirements, then you agree, at your expense, to ship one of each product you wish to sell, to Flagship to be photographed.   Flagship will charge $500 per photography session. All photography is part of Flagship’s Intellectual Property.
  8. You have the right and are encouraged to promote your Flagship store on social media.
  9. Flagship has the right to remove or refuse a brand access to the platform at any time and has a right to terminate this agreement at any time.  However, due to the fact that some marketing efforts are committed to months in advance, you must give Flagship 60 days notice to terminate this agreement.

This agreement is governed by the laws of the Commonwealth of Pennsylvania.

 

Last updated on May 31, 2017

 

Privacy Policy

Colabination Corporation (hereinafter referred to as “The Company”, “We”, “Our”, “Colabination Corporation”, “Flagship” or “flagship.market”) owns the website “Flagship” which can be found at the URL www.flagship.market  (hereinafter referred to as the “site” or “website”).   We care about your privacy and are committed to being transparent about our privacy practices, including how we treat your personal information.  This document explains Flagship’s privacy practices.

This policy is a part of the Terms of Use Agreement.  By visiting the Site you consent to our collection, transfer, manipulation, storage, disclosure and other uses of your information as described in this policy. This includes any information you choose to provide that is deemed sensitive under applicable law.   

Flagship requires all account owners to be at least 18 years of age (or have the permission and supervision of a responsible parent or legal guardian), therefore, this policy does not discuss use of our Site, or services by minors.

Export of Data

By using Flagship, you authorize Flagship to use your information in the United States, and any other country where Flagship 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 applying in the country in which you reside. We will only transfer personal data to these countries where permitted to do so by law and we will take steps to ensure that your personal information continues to enjoy appropriate protections.

HIGHLIGHTS

Information Collected or Received

To use our platform, you will need to provide us with a valid email address, password, and you may be able to choose a username. Depending on the services you choose, we may collect additional information, for example: information like email conversations, billing or payment information, a telephone number, and a physical address. Please note that for security and performance reasons, such content may need to be accessed by certain Flagship personnel from time to time.  In addition, all of your personal information may need to be shared with the brand in order to fulfill your transaction. You grant us full authority to share this information with a brand to complete a transaction.

Your username is publicly displayed and connected to your activity on the Site. Other people may see the date you joined, photos for items you purchased or sold, your profile information, items you listed for sale, your favorites, followers and those you follow, and comments you post in our community spaces. You may optionally choose to provide and publicly display your full name and other personal information (such as birthday, gender, and location).

We use technologies such as cookies, clear gifs, log files, and flash cookies for several purposes, including to help understand how you interact with our site, and in order to provide a better experience.

Uses and Sharing

We use the information that we gather from users in a number of ways. For example, if you purchase an item, we’ll share your shipping information with the seller; we use data analytics and work with certain third-party service providers for targeted online and offline marketing; and of course, we use your email address to communicate with you. We also partner with service providers and other third parties that collect, use, promote, and analyze information about Flagship and Flagship members and visitors.

Choices

You may review and change your information in your account settings, and you may remove certain optional pieces of information.

You may control the receipt of certain types of communications from Flagship in your account settings. Although Flagship does not currently respond to “do not track” browser headers, you may opt out of online. You also may limit certain tracking by disabling cookies in your web browser.

Information

If you have questions or concerns regarding our Privacy Policy or practices, please contact us at felix@flagship.market.

We’ll communicate when we make changes to our Privacy Policy as described below.

We rely on various authorized methods, including your consent, to enable us to transfer your personal data to the US (if you do not live in the US) and to other countries. In some countries, the privacy laws and standards, including the rights of certain authorities to access your personal information, may differ from those that apply in your home country.

Information Collected or Received

Some members or visitors may connect to the Site or register an account using an external third-party application, such as Facebook, or an app developed using the Flagship application programming interface (API). Flagship may receive data from those connected third-party applications. Connecting your Flagship account to third-party applications or services is optional, and when you connect your account to an external app, you will be granting Flagship permission to receive information from the third-party applications. You can also choose to share some of your activity on Flagship on certain social media networks which are connected to your Flagship account.

Flagship may receive or obtain information (for example: an email address or IP address) about a person who is not yet a registered Flagship member (a “non-member”) in connection with certain features of the Site, 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, or a member sends a gift card code to a non-member. Non-member information is used only for the purposes disclosed when it was submitted to Flagship.

Flagship also collects certain information from both members and non-members who visit websites hosted by the Site. This information may include your IP address or unique device identifier, and cookies and data from the pages you visit.

Choice & Control

We know that members of our community value having control over their own information, and therefore Flagship gives you the choice of providing, editing or removing certain information, as well as choice over how we contact you.

You may change or correct your account information (except your username) on the Site. You may also remove certain optional information on the Site that you no longer wish to be publicly visible on the Site, such as your full name.

For various reasons, Flagship may send you messages about our services or your activity. Some of these messages are required, service-related messages for members (such as transactional messages or legal notices).

If you no longer wish to use the Site, the Apps, or other Flagship services or receive service-related messages, then you may close your account.

Messages from Flagship

On occasion, Flagship will contact you. Primarily, these messages are delivered by email or by push notifications, and every account is required to keep a valid email address on file to receive messages. Flagship may contact you by telephone to provide member support or for transaction related purposes if you give us permission to call you. Additionally, Flagship may send you an SMS message or physical mail in order to provide you with customer support, or to provide you with information about products and features you may find of interest.

Some messages from Flagship are service-related and required for members. Examples of service-related messages include an email address confirmation/welcome email when you register your account, notification of an order, and correspondence with Flagship’s support team. You may not opt out of receiving service-related messages from Flagship, unless you close your account.

Flagship may also send you messages related to certain features or your activity on the Site. Flagship may send you news or updates about changes to our Site, Apps, or services. From time to time, we may develop new types of messages and share them with you to inform you about our services. Primarily, members will receive these messages via email.

Information Uses, Sharing & Disclosure

We respect your privacy. Flagship will not disclose your name, email address or other personal information to third parties without your consent, except as specified in this policy. We generally use the information to provide and improve our services and products, for billing and payments, for identification and authentication, for targeted online and offline marketing, to contact members or interested parties, and for general research and aggregate reporting.

Flagship limits access to your personal information by Flagship personnel to those whom we believe reasonably need that information to provide products or services to you or in order to do their jobs.

As part of the buying and selling process, Flagship will facilitate the sharing of information between the two members involved in the transaction, such as the other member's email address, shipping address, and payment information. By making a sale or a purchase on the Site, you are directing us to share your information in this way. We expect you to respect the privacy of the member whose information you received. Flagship has not granted you a license to use the information for unsolicited commercial messages or unauthorized transactions. Without express consent from that person, you must not add any of Flagship’s members to your email or physical mailing list or misuse any member’s personal information. Remember that you need to comply with all relevant legal rules when you use the Site. This includes applicable data protection and privacy laws which govern the ways in which you can use another Flagship or Flagship Studio member’s information.

Flagship may release your personal information to a third party in the following circumstances: to protect, establish, or exercise our legal rights or defend against legal claims; to comply with a subpoena, court order, legal process, or other legal requirement; or when we believe in good faith that such disclosure is 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 property, or violations of Flagship’s Terms of Use.

We also may disclose personal information to parties in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity. In such events, Flagship may disclose a name, address, country, phone number, email address and company name.

Flagship is affiliated with a variety of businesses and works closely with them. These businesses may offer promotions (including email promotions) or sell items or services to you through Flagship’s services. Flagship may also provide services or sell products jointly with affiliated businesses. When an affiliated business is associated with your transaction, we may share information related to the transaction with that affiliated business to facilitate your transaction.

Flagship may share demographic information with business partners, but it will always be aggregated and anonymized, so personally-identifiable information is not revealed.

Flagship may engage third party companies and individuals (such as payment processors, research companies, analytics and security providers) to help provide our services. These third parties have limited access to your information only to perform these tasks on our behalf and are obligated to Flagship not to disclose or use your information for other purposes.

In some cases, Flagship may choose to buy or sell assets. In these types of transactions (such as a sale, merger, liquidation, receivership or transfer of all or substantially all of Flagship’s assets), member information is typically one of the business assets that is transferred. If Flagship intends to transfer information about you, Flagship will notify you by email or by putting a prominent notice on the Site, and you will be afforded an opportunity to opt out before information about you becomes subject to a different privacy policy.

Third-party plug-ins also may collect information about your use of the Site. For example, when you load a page on the Site 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 tracking mechanisms on our site are used by third parties for targeted online marketing and other purposes. These technologies allow a partner to recognize your computer or mobile device each time you visit the Site, but does not allow access to personal information from Flagship. Flagship does not have access or control over these third-party technologies, and they are not covered by our Privacy Policy. If you prefer to prevent third parties from setting and accessing cookies on your computer, you may set your browser to block cookies. 

We can only speak for ourselves; this policy does not apply to the practices of third parties that Flagship does not own or control, or individuals that Flagship does not employ or manage. If you provide your information to others, different practices may apply to the use or disclosure of the information you provide to them. Flagship does not control the privacy policies of third parties, including other Flagship members. Flagship is not responsible for the privacy or security practices of Flagship members or other websites on the Internet, even those linked to or from the Site. We encourage you to ask questions before you disclose your personal information to others.

Security

The security of your personal information is important to us. Your Flagship account information is protected by a password. It is important that you protect against unauthorized access to your account and information by choosing your password carefully, and keeping your password and computer secure, such as by signing out after using our services.

Flagship encrypts sensitive information (such as credit card numbers) using secure socket layer technology (SSL). Flagship follows generally accepted industry standards to protect the personal information submitted to us, both during transmission and once Flagship receives it. 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 cannot guarantee its absolute security.

Data Retention

Flagship 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, or as needed to provide you services. If you no longer want Flagship to use your information to provide you services, you may close your account. Flagship will retain and use your information to the extent necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Please note that closing your account may not free up your email address, username, or shop name for reuse on a new account.

You may inform us of any changes or requests regarding your personal data, and in accordance with our obligations under applicable data protection law, we may update or delete your personal data accordingly. We'll respond to your request within a reasonable timeframe.

Your Rights

If you are a Flagship member, you can access, correct, change, and delete certain personal information associated with your account by visiting your account settings. If you need further assistance, you can contact Flagship through one of the channels listed below under “Contact Flagship.”

Privacy Policy Changes

We may update this policy from time to time. If we believe that the changes are material, we will let you know by doing one (or more) of the following: (1) posting the changes on the Site, or (2) sending you an email or message about the changes. You can then decide whether you want to continue using the Site. Changes will be effective upon the posting of the changes. You are responsible for reviewing and becoming familiar with any changes. Your use of the Site following the changes constitutes your acceptance of the updated policy.

Contact Flagship

If you have questions or suggestions about personal information you can contact Flagship’s Support team by sending an email to felix@flagship.market or by writing to us at the following address:

Flagship Support Team – Privacy Policy
2628 Martha Street, Unit 1C,

Philadelphia, Pa  19125

Last updated on May 31, 2017

 

 

 

 

 

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