Outside of the United States

1. Application

This subpage (“Subpage”) applies if you reside outside the United States and supplements our Privacy Policy. It contains important information we are required by the General Data Protection Regulation (“GDPR”) to disclose, including (i) the controller(s) of your personal information, (ii) legal bases, (iii) your legal rights, (iv) safeguards we rely on for transferring your personal information outside the European Economic Area (“EEA”), and (v) the contact details of the controller and Data Protection Officer.

This page also contains important information about the Payments Controller (defined below) and the information processed in connection with the Payments Services. Please read this page carefully. If you have any questions, you can contact us at the details below. 

2. Who controls my personal information

2.1 Controller

 Where this Subpage mentions “Popless,” “we,” “us,” or “our,” it refers to the Popless company that is responsible for your information under this Privacy Policy (the “Controller”). The designated Controller is set out in Schedule 1.

2.2 Payments Controller

The Privacy Policy also applies to the Payment Services provided to you by Popless pursuant to the Payments Terms of Service (“Payments Terms”).

2.2 Changing Your Country of Residence

If you change your country of residence, the Controller and/or Payments Controller will be determined by your new country of residence as specified above, from the date on which your country of residence changes. To this end, the Controller and/or Payments Controller that originally collected your personal information will need to transfer such personal information to the new applicable Controller and/or Payments Controller. The new Controller and/or Payment Controller will continue to process your personal information as described in the Privacy Policy and Subpage when applicable. 

2.4 Contact Us 

To contact the Controller, the Payments Controller, or the Data Protection Officer (DPO) for Popless email hello@popless.com. 

3. Processing of payments information 

3.1 Information Necessary For Use of Payment Services 

The Payments Controller needs to collect the following information necessary for the performance of the contract with you and to comply with applicable law (such as anti-money laundering regulations). Without it, you will not be able to use Payment Services. 

• Payment Information. When you use the Payment Services, the Payments Controller requires certain financial information (such as your bank account or credit card information) in order to process payments and comply with applicable law.

• Identity Verification and Other Information. The Payments Controller may require identity verification information (such as images of your government-issued ID document(s), passport, national ID card, tax ID, or driving license) or other authentication information (such as your date of birth, address, email address, or phone number) and other information in order to verify your identity, provide Payment Services to you, and comply with applicable law.

3.2 How the Payments Controller Uses Personal Information Collected 

We may use personal information as a part of Payment Services to: 

• Enable or authorize third parties to use the Payment Services,

• Detect and prevent money laundering, fraud, abuse, and security incidents,

• Conduct security investigations and risk assessments,

• Comply with legal obligations (such as anti-money laundering regulations),

• Enforce the Payment Terms and other payment policies,

• With your consent, send you promotional messages, marketing, advertising, and other information that may be of interest to you based on your preferences

• Provide and improve the Payment Services. 

4. Legal bases for processing personal information

We process personal information for the purposes described in the Privacy Policy in line with the lawful bases set out below. For more information on the processing activities, please refer to the relevant section of the Privacy Policy.

4.1 Processing of Payments Information

4.2 How We Use Information We Collect

4.3 Complying with Law, Responding to Legal Requests, Preventing Harm, and Protecting our Rights

4.4 Other Important Information

5. Your rights

You benefit from rights pursuant to applicable law. While some of these rights apply generally, certain rights apply only in certain limited cases. We may ask you to verify your identity and request before taking further action on your request. See here for information on data subject rights requests and how to submit a request.

5.1 Data Access and Portability

You have the right to request certain copies of your personal information held by us. In certain instances, you also have the right to request copies of personal information that you have provided to us in a structured, commonly used, and machine-readable format and/or request us to transmit this information to another service provider (where technically feasible).

5.2 Rectification

You have the right to ask us to correct inaccurate or incomplete personal information about you (and which you cannot update yourself within your Popless account).

5.3 Erasure

We generally retain your personal information for as long as is necessary for the performance of the contract between you and us, to comply with our legal obligations, and as permitted by applicable law.

You have the right to ask us to delete your personal information, subject to certain limitations and restrictions. Please note that if you request the erasure of your personal information:

• We may retain your personal information as necessary for our legitimate business interests, such as prevention of money laundering, fraud detection, and prevention and enhancing safety. For example, if we suspend a Popless account for fraud or safety reasons, we may retain information from that Popless account to prevent that Member from opening a new Popless account in the future.

• We may retain and use your personal information to the extent necessary to comply with our legal obligations. For example, Popless may keep your information for tax, legal reporting, and auditing obligations.

• Information you have shared with others (e.g., Reviews, forum postings) will continue to be publicly visible on Popless, even after your Popless account is canceled. However, attribution of such information to you will be removed.

• Some copies of your information (e.g., log records) will remain in our database but are disassociated from personal identifiers.

• Because we maintain Popless to protect from accidental or malicious loss and destruction, residual copies of your personal information may not be removed from our backup systems for a limited period of time. 

5.4 Withdrawing Consent 

If we are processing your personal information based on your consent you can withdraw your consent at any time by changing your account settings or by sending a communication to Popless specifying which consent you are withdrawing. Please note that the withdrawal of your consent does not affect the lawfulness of any processing activities based on such consent before its withdrawal. 

5.5 Restriction of Processing 

You have the right to limit the ways in which we use your personal information, in particular, where (i) you contest the accuracy of your personal information, (ii) the processing is unlawful and you oppose the erasure of your personal information, (iii) we no longer need your personal information for the purposes of the processing, but you require the personal information for the establishment, exercise, or defense of legal claims, or (iv) you have objected to the processing pursuant to Section 5.6 (below) and pending the verification whether the legitimate grounds of Popless override your own. 

5.6 Objection to Processing 

You have the right to object to the processing of your personal information based on grounds specific to your situation if such processing is for direct marketing or is for a purpose based on legitimate interest or public interest. If you object to processing based on legitimate or public interests, we will no longer process your personal information for these purposes unless we have compelling legitimate grounds for such processing or where the processing is otherwise required for the establishment, exercise, or defense of legal claims. 

Where your personal information is processed for direct marketing purposes, you may, at any time, ask Popless to cease processing your data for these direct marketing purposes by sending an e-mail to hello@popless.com.

5.7 Lodging Complaints

You have the right to lodge complaints about our data processing activities by filing a complaint with our Data Protection Officer who can be reached by emailing hello@popless.com.

6. Retention

We retain personal information for as long as needed or permitted in light of the purpose(s) for which it was obtained and consistent with applicable law. The criteria used to determine our retention periods include:

• the length of time we have an ongoing relationship with you and provide Popless to you (for example, for as long as you have an account with us or keep using Popless),

• whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them); and/or

• whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations). 

7. Operating globally & International Transfers 

To facilitate our global operations, Popless may transfer, store, and process your information within our family of companies, partners, and service providers based in Europe, Asia Pacific, and North and South America. Laws in these countries may differ from the laws applicable to your country of residence. In certain circumstances, courts, law enforcement agencies, regulatory agencies, or security authorities in these other countries may be entitled to access your personal information. 

Some of these countries are subject to a European Commission adequacy decision, such as Japan, New Zealand, Switzerland, the United Kingdom, Canada, and Israel. For other countries, measures have been taken pursuant to applicable data protection law, such as standard contractual clauses within Popless or with the relevant third party to protect this personal data.