EBAY/REDLASER MOBILE APPLICATION PRIVACY POLICY AND TERMS OF USE – CANADA

Last updated on August 15, 2013

Revision Date: August 15, 2013
Last Modified: N/A

This Application, Mobile Application Privacy Policy, and Terms of Use © 2009 – 2013 eBay Inc.

By using this eBay Mobile Application (the “Application”), you agree to be bound by this eBay/RedLaser Mobile Application Privacy Policy and Terms of Use. Certain features of this Application may require you to be an eBay member or provide personal information as part of a registration process.

Your use of this Application is subject to the www.redlaser.com Privacy Policy and Attribution terms and conditions.

MOBILE APPLICATION PRIVACY POLICY

This Mobile Application Privacy Policy describes how this Application collects, uses and protects your information. If you reside within Canada, the contracting party and data Controller is eBay International AG, Helvetiastrasse 15/17, 3005, Bern, Switzerland. You can use this Application without telling us who you are or revealing any personal information about yourself. This information is associated to your account only when you sign in to the Application as a registered user. If you register for an account with us, you give us your personal information, and you are not anonymous to us. If you choose to provide us with personal information, you consent to the transfer and storage of that information on our servers located in the United States.

Data Collection and Use. We may collect and store some or all of the following, for the purpose of providing you a mobile user experience and/or registering for an account with us:

  • Device sign-on data or unique identifiers where allowed. If you are using a device with iOS 6, this includes your Identifier for Advertising or IDFA.
  • Location data, if you have chosen to share this with this Application
  • Your preferred language and country site
  • Your email address and correspondence sent via the Application
  • Information about how you interact with the Application, including scan and search history and/or terms that may be generated in connection with your use or interaction with the Application
  • Images uploaded into the Application by you for identification
  • If you choose to register for an account, we may collect and use any information you provide to us in your account, and associate any of your Application activities with your account
  • If you choose to register for an account with us using Facebook Connect, or otherwise link your existing account with Facebook, then we may collect your Basic Account Information from Facebook, including your name, email address, gender, birthday, current city and profile picture URL

 

We and our service providers use this information to operate and improve our Application, websites, services, and tools, and provide you with the services you have requested or authorized within the Application.

Advertising. You may encounter targeted advertising in this Application that is relevant to your location data, your interaction with the Application, or scan results. We utilize the services of one of our eBay Inc. companies, PayPal Media Network (PPMN), to provide you with such targeted advertisements based on your geo-location and search/scan history.

We also use third party ad networks and exchanges to provide you with such targeted advertising. These third parties collect, or are provided by use, some of your anonymous personal information to help provide you targeted advertisements. We do not permit these third parties to collect, store or use any of your personal information for their own purposes. We currently use the following third party ad networks or exchanges to provide you with targeted advertisements: AdMarvel, Millennial, Jumptap and InMobi.

Opt-Out & Limit Ad Tracking. If you have chosen to share your location data with this Application, we will use it to provide you with relevant advertising based on your location. If you do not wish to have your location data used for relevant advertising, you may use your device’s settings to disable the sharing of your location data with this Application.

You may also find out more information about the privacy practices of our ad network and exchange partners, including information on how to opt-out of targeted advertisements (if applicable) from them, at the following pages:

http://www.admarvel.com/AdMarvel_Privacy_Policy_2012.pdf

http://www.millennialmedia.com/privacy-policy/

https://opt.jumptap.com/optout/opt/pages/jsp/privacyPolicy.jsp

http://www.inmobi.com/inmobi-privacy-policy/

If you are using an Apple device with iOS 6 or greater, then you have the option to use the settings in your device to opt out of any advertising that utilizes your IDFA. You can do this by going to Settings > General > About > Advertising, and then changing the Limit Ad Tracking setting to “ON.”

You may encounter third party content (such as offers or advertisements) in the Application. When you open or interact with such third party content, you may be taken outside of the Application to an external site hosted by the third party or their affiliates. These third parties may place a tracking technology called a cookie in your mobile browser. These cookies may be used by the third party or their affiliates to track your interaction with their sites. Your interactions with such third party sites and any such tracking technologies are subject to the terms and conditions and privacy policy of the respective sites.

Social Media and Third Party Sites. This Application may utilize social networking or “share functionality” or may contain links to third party sites that are not owned or controlled by eBay. eBay has no control over, and assumes no responsibility for, any share functionality or the content, privacy policies or practices of any third party site. You are subject to the policies of those third parties when and where applicable.

We offer sign-on services that allow you to use third-party login credentials with this Application. We may also offer services that allow you to share information with third-party social media websites, such as Facebook, Google+, Twitter and others.

You may choose to provide us with access to certain personal information stored by such third party websites. The personal information we have access to varies by website and is controlled by your privacy settings on that website and your consent. By associating an account managed by a third party with your RedLaser account and authorizing us to have access to this information, you agree that we may collect, use and store information from these websites in accordance with this Mobile Application Privacy Policy.

By using this Application, you expressly relieve eBay from any and all liability arising from your use of any share functionality or third-party site accessed from this Application. We encourage you to ask questions before you disclose your personal information to anyone.

Sharing Information. We may share the information we collect with members of the eBay corporate family to provide joint content and services (like registration, transactions and customer support), to help detect and prevent potentially illegal acts and violations of our policies and to guide decisions about their products, services and communications. Members of our corporate family will use this information to send you marketing communications only if you have requested their services. This Application may use third parties to provide parts of our services as well as to provide analytical data about your use of the Application back to us. We may deploy devices such as cookies that enable those third parties to anonymously collect and aggregate usage data and report it back to us. Third parties that we contract with to help provide our services cannot use your personal information for their own purposes without your explicit consent.

This Application may also collect images you voluntarily upload for identification, and share them with a third party, IQ Engines, for identification. Only the image you upload is shared with IQ Engines, and it is not associated with any other personal information. For more information on how your images may be shared with and processed by IQ Engines, see their Privacy Policy at http://www.iqengines.com/privacy/.

If you have more than one eBay Inc. mobile application, we may share a limited amount of your information within the applications in order to improve your mobile eBay experience.

User Control. You can access and change user settings or delete your search history from the options/settings menu on your device. Uninstallation methods vary depending on your device. To uninstall this Application, please use the application manager provided with your device or consult your device manual for reference.

Security. The security of your information is important to us. The information this Application collects may be stored locally on your device and may be transmitted to our servers in the United States and/or the European Union. We employ generally accepted industry standards to protect your personal information. The transmission of information over wireless and wired networks is not 100% secure, so we do not guarantee the security of your personal information.

Updates. We reserve the right to update this Mobile Application Privacy Policy from time to time. Any material changes will take effect immediately for new users and upon the expiration of thirty (30) days after notification for current users. If you do not agree to any changes, please uninstall and discontinue using this Application. Any use of this Application after the thirty (30) day notice period constitutes your acceptance of any change.

Contact. For questions about this Mobile Application Privacy Policy, please contact us at “eBay Legal – Global Privacy Practices” using the appropriate address listed in Contracting Parties below, or you can email us at mobileprivacy@ebay.com.

TERMS OF USE

Application Use. eBay grants you the right to use this Application only for your personal use. You may not: (a) modify, copy, publish, license, sell, or otherwise commercialize this Application or any information or software associated with this Application; (b) rent, lease or otherwise transfer rights to this Application; or (c) use this Application in any manner that could impair any eBay site in any way or interfere with any party’s use or enjoyment of any eBay site. You must use the Application in compliance with all applicable laws. You must comply with applicable third party terms of agreement when using this Application (e.g., your wireless data service agreement and loyalty card issuer terms of use). Your right to use this Application will terminate immediately if you violate any provision of these Terms of Use.

Photo Upload Terms and Conditions.

(a) Definitions. (i) “Content” means any photographs, pictures, content, text, artwork, files, sound, graphics, data, and other similar materials; and (ii) “Media” means any means of conveying information, whether now known or hereafter devised.

(b) Requirements. You may only submit Content for which you completely own or have secured all rights necessary to grant the licenses listed below. Minors may not submit Content.

(c) Content License. You hereby grant to eBay a worldwide, perpetual, irrevocable, nonexclusive, royalty-free, fully-paid up, transferable right and license, with the right to sublicense (through multiple tiers), under all of your intellectual property and other rights in the Content, to (i) reproduce, distribute, transmit, publicly perform and publicly display the Content, in whole or in part, in any manner and Media; (ii) modify, adapt, translate and create derivative works from the Content, in whole or in part, in any manner and Media; (iii) sublicense the foregoing rights, in whole or in part, to any third party, with or without a fee; and (iv) exercise any and all other present or future rights in the Content.

(d) Name, Trademarks and Likenesses. You hereby grant to eBay a worldwide, perpetual, irrevocable, nonexclusive, royalty-free, fully-paid up, transferable right and license, with the right to sublicense (through multiple tiers), under all of your intellectual property and other rights in the Content, to use all trademarks, trade names and the names and likenesses of you and any individuals that appear in the Content.

(e) Moral Rights. You hereby waive and agree never to assert any claim of Moral Rights in the Content against eBay or any of eBay’s licensees. “Moral Rights” means any right to (i) divulge the Content to the public; (ii) retract the Content from the public; (iii) claim authorship of the Content; (iv) object to any distortion, mutilation or other modification of the Content; or (v) any and all similar rights, existing under judicial or statutory law of any country or jurisdiction in the world, or under any treaty regardless of whether or not such right is called or generally referred to as a moral right.

(f) Restrictions. You will not: (i) submit any personally identifiable information about any child under the age of 13; (ii) submit Content that is unlawful, pornographic, libelous, defamatory, tortious, obscene, or racially, ethnically or otherwise objectionable or that otherwise violates general eBay community standards; or (iii) upload, post, e-mail or otherwise transmit Content to eBay that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

(g) No Obligation. Although we have the right to include your Content in the Application or in any Media, we do not have the obligation to do so.  eBay expressly reserves the right, in its sole discretion, and for any reason, to remove, refuse, or not make available any Content.

(h) Content Representations and Warranties. You represent and warrant to eBay that (i) you are not under 18 years old; (ii) you are otherwise legally competent to enter into this agreement; (iii) you have the right, power, and authority necessary to enter into this agreement, to fully perform your obligations hereunder, and to grant the licenses set forth above; (iv) you will comply fully with all terms of this agreement; (v) you possess all rights necessary for the reproduction, distribution, transmission, public performance, public display, and other exploitation of the Content by eBay as permitted hereunder; (vi) the Content does not infringe any right of any third party; (vii) the Content, and eBay’s exercise of its rights hereunder, do not and will not violate, misappropriate or infringe any right of any third party, including but not limited to trademark rights, copyrights, moral rights and publicity rights; (viii) the Content is not pornographic, obscene, libelous, defamatory, tortious, or otherwise unlawful; and (ix) all factual statements submitted by you are accurate and not misleading.

(i) Communications. eBay may communicate with you in connection with the Application, electronically and in other Media, and you consent to such communications unless you notify eBay that you no longer wish to receive communications about the Application. Notice can be sent to support@redlaser.com.

Third-Party Merchants. The products displayed in this Application are sold by third-party merchants, not by eBay. This Application may contain links to third party merchants that are selling displayed products. eBay is not responsible or liable for the availability or accuracy of such sites or resources, or for the content, products or services on or available from such sites or resources. eBay does not guarantee the accuracy of, and will not assume any liability for, your purchase decisions (and your subsequent use of purchased products and services) that may be informed by, the information provided by this Application.

Intellectual Property. eBay owns, or is the licensee to, all right, title and interest in and to this Application, including all rights under patent, copyright, trade secret, trademark, or unfair competition law, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from this Application and you will not remove, obscure or alter eBay’s copyright notice, trademarks or other proprietary rights notices affixed to, contained within or accessed in conjunction with or by this Application.

Disclaimer of Warranties. eBay disclaims responsibility for any harm resulting from your use of this Application. The Application and the service(s) accessed by it are provided “as is,” “with all faults” and “as available.” eBay expressly disclaims to the fullest extent permitted by law all guarantees and express, implied and statutory warranties, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary rights, and any warranties regarding the security, reliability, timeliness and performance of this Application. You download and use this Application at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of this Application. eBay does not warrant or make any representation as to the accuracy of any loyalty card information you enter and store within the Application, and eBay is not responsible for any errors or omissions therein or for any adverse consequences resulting from the use of, or the inability to use, such loyalty card information. eBay does not warrant or make any representation as to the accuracy or fitness for use of any offers, including, but not limited to, coupons, rebates, discounts or advertisements, accessed via the Application or that any third party will honor or acknowledge any such offers, coupons, rebates, discounts or advertisements accessed via the Application. Some of the information or data contained in this Application has been prepared by FoodEssentials.com. The information provided by this Application is a guide only and is not intended as medical advice. FoodEssentials and eBay are only providing nutritional information and not advice or medical treatment. Any dietary health concerns you have should be discussed with a duly registered dietician or physician. Food or drink manufacturers may change the formulation of their products and the information sources for this Application may not reflect such new formulation. Users concerned with food allergies need to be aware of this risk. FoodEssentials and eBay do not guarantee the accuracy of – and will not assume any liability for adverse reactions to food or drinks consumed based on – the information provided by this Application. Always re-check the label before purchase as food and drinks can be reformulated.

Limitation of Liability. Neither eBay nor its service providers will be liable to you or any user for any use or misuse of this Application. Such limitation: (a) includes direct, indirect, incidental, consequential, special, exemplary and punitive damages, whether such claim is based on warranty, contract, tort or otherwise (even if eBay has been advised of the possibility of such damages); (b) applies whether damages arise from use or misuse of and reliance on this Application, from inability to use this Application, or from the interruption, suspension, or termination of this Application (including any damages incurred by third parties); and (c) applies notwithstanding a failure of the essential purpose of any limited remedy and to the fullest extent permitted by law. Further, you will not seek to recover any consequential, lost profit, special, indirect, or incidental damages from eBay. Some jurisdictions do not allow the exclusion of damages or the disclaimer of warranties, so such exclusions and disclaimers may not apply to you. Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of the total fees you paid to eBay in the 12 months prior to the action giving rise to the liability or C$150.

Indemnification. You will indemnify and hold harmless eBay and its parents, subsidiaries, officers, directors, shareholders, agents and employees, from any claim made by any third party due to or arising directly or indirectly out of your conduct or in connection with your use of this Application, any alleged violation of the Mobile Application Privacy Policy and Terms of Use, and any alleged violation of any applicable law or regulation. eBay reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations.

Changes to this Application or Terms of Use. eBay reserves the right to make changes to this Application or Terms of Use from time to time. Any material changes will take effect immediately for new users and upon the expiration of thirty (30) days after notification for current users. If you do not agree to any change, please uninstall and discontinue using the Application. Any use of this Application after the thirty (30) day notice period constitutes your acceptance of any change.

Miscellaneous Provisions. The terms of the user agreements and privacy policies at the country sites accessed by this Application also apply to your use of this Application. You are responsible for complying with trade regulations and both foreign and domestic laws. You represent and warrant that you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country and you are not listed on any US Government list of prohibited or restricted parties. This Application or its underlying technology may not be downloaded to or exported or re-exported: (a) into (or to a resident or national of) Burma (Myanmar), Cuba, Iraq, Iran, Libya, North Korea, Sudan, Syria or any other country subject to United States embargo; (b) to anyone on the US Treasury Department’s list of Specially Designated Nationals or on the US Commerce Department’s Denied Party or Entity List; and (c) to any prohibited country, person, end-user or entity specified by US Export Laws.

Contracting Parties. If you reside in Canada or any other country other than in the United States of America, the contracting party is eBay International AG, Helvetiastrasse 15/17, 3005, Bern, Switzerland. If you reside in the United States of America, the contracting party is eBay Inc., 2145 Hamilton Avenue, San Jose, California 95125, USA.

ADDITIONAL TERMS. Additional terms and conditions that apply to you (based on the device this Application is installed on):

iOS – Apple

  1. This is an agreement between you and eBay, and not with Apple. Apple is not responsible for this Application and the content thereof.
  2. eBay grants you the right to use this Application only on an iOS product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
  3. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to this Application.
  4. Apple is not responsible for the investigation, defense, settlement, and discharge of any third party intellectual property infringement claim.
  5. Apple is not responsible for addressing any claims by you or any third party relating to this Application or your possession and/or use of this Application, including but not limited to: (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
  6. In the event of any failure of this Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if applicable, for this Application to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to this Application.
  7. Apple and Apple’s subsidiaries are third party beneficiaries of this Mobile Application Privacy Policy and Terms of Use, and, upon your acceptance, Apple as a third party beneficiary thereof will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you.
  8. Any translation of this Mobile Application Privacy Policy and Terms of Use is done for local requirements and in the event of a dispute between the English and any non-English version, the English version of this Mobile Application Privacy Policy and Terms of Use shall govern. If you are located in the province of Quebec, Canada, the following clause applies: The parties hereby confirm that they have requested that this Mobile Application Privacy Policy and Terms of Use and all related documents be drafted in English. Les parties ont exigé que le présent contrat et tous les documents connexes soient rédigés en anglais.

Windows – Microsoft

  1. This is an agreement between you and eBay, and not with Microsoft. The terms of use and privacy policies of Microsoft and the network operators that provide billing services for the Windows Phone Marketplace do not apply to your use of this Application.
  2. You may install and use one copy of this Application on up to five (5) mobile devices you personally own or control and which are affiliated with the Windows Live ID associated with your Windows Phone Marketplace account. You may not install or use a copy of this Application on a device you do not own or control.
  3. Microsoft, your mobile device manufacturer, and your wireless carrier are not responsible for providing support services for this Application.
  4. Microsoft, the wireless carriers over whose network this Application is distributed, and each of their respective affiliates and suppliers (collectively, “Disclaiming Distributors”) give no express warranty, guarantee or conditions under or in relation to this Application. To the extent permitted under your local laws, the Disclaiming Distributors exclude any implied warranties or conditions, including those of merchantability, fitness for a particular purpose and non-infringement.
  5. You, and not the Disclaiming Distributors, bear the risk of using this Application (even if the Disclaiming Distributors have been advised of the possibility of damages to you). You may have additional consumer rights under your local laws which these Terms of Use cannot change.
  6. To the extent not prohibited by law, you will not seek to recover any consequential, lost profit, special, indirect, or incidental damages from any Disclaiming Distributor.

 



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