Privacy Policy

 

This privacy policy describes the policy of Shopandsell Canada regarding the collection, use, storage, sharing and protection of your personal information ("Privacy Policy"). This Privacy Policy applies to the www.shopandsell.ca website (together, "Shopandsell" or "Website") and all related websites, applications, services and tools where reference is made to this policy ("Services"), regardless of how you access the Services, including access through mobile devices. Shopandsell Canada Ltd. is the data controller.

Scope and consent: By using Shopandsell and related Services, you give explicit consent to Shopandsell for the collection, use, disclosure and retention of your personal information by us, as described in this Privacy Policy, our Cookie Policy and our Terms of Use.

Shopandsell may change this Privacy Policy from time to time. We advise you to read it regularly. Substantial changes to our Privacy Policy will be announced on our Website. The amended Privacy Policy will be effective immediately after it is first posted on our Website. .

 

You can visit our Website without registering for an account. When you decide to provide us with your personal information, you agree that such information is sent to and stored on our servers. We collect the following types of personal information:

Information we collect automatically: When you visit our Website, use our Services and or reply to ads or other content, we automatically collect the information sent to us by your computer, mobile device or other equipment that provides access. This information includes, but is not limited to:

Information you provide to us: We collect and store any information you enter on our Website or that you provide to us when you use our Services. This information includes, but is not limited to:

Information from other sources: We may receive or collect additional information about you from third parties and add this to our account information. This information includes, but is not limited to: demographic data, navigation data, additional contact data and additional data about you from other sources, such as public authorities, to the extent permitted by law.

 

 

You agree that we may use your personal information for the following purposes:

• companies of the Classifieds Group to provide joint content and services (such as registration and customer support), to prevent, detect and investigate possible illegal activities, violations of our policy, fraud and/or data security breaches, and to support decision making on products, websites, applications, services, tools and communication. The Classifieds Group companies will use this information to send you marketing messages when you yourself have requested their services, and they will use your personal information in accordance with their respective privacy policy.
• service providers with whom we have entered into an agreement to help us provide our Services on the website, such as financial service providers, analytics service providers (including so that they might compare the data (e.g. email and phone number) in encrypted (or “hashed”) form with their own databases, to identify users who are known to both of us and the respective service provider, enabling us to display more targeted marketing on Google), marketing agencies and advertising-related service providers, and technical support. In such cases, the personal information shall remain under the control of Shopandsell Canada Ltd. If you are listing an ad, your listing or business address may be displayed on a map in your ads (including within the Shopandsell mobile application) via Google Maps and therefore transferred to Google (refer to the Google Privacy Notice for more info). Your information may also be provided to Microsoft in connection with our use of Microsoft Advertising (refer to Microsoft’s Privacy Statement for more info).      
• certain third parties (such as intellectual property rights holders, supervisory authorities, tax authorities, police and other regulatory authorities) if we are required to do so by law, or in accordance with our Privacy Policy. We may share your personal information:
  • to comply with legal obligations or a court order; or
  • if this is necessary for the prevention, detection or prosecution of criminal offenses, such as fraud, deceit or prosecution, or
  • if it is necessary to maintain our policies or to protect the rights and freedoms of others.
• other third parties to whom you have given consent to share your information via Shopandsell, e.g. in the framework of an on-site integration; 
• companies that we intend to merge with in the context of a re-organisation or that acquire us; 
• an intellectual property owner if the owner of an intellectual property right or an intermediary in good faith believes that an advertisement violates the rights of the owner. Before personal information is provided, the IP owner will enter into an agreement that, inter alia, stipulates that information is only provided on the strict condition that it may only be used in the context of legal proceedings and/or obtaining legal advice and/or to answer questions from the relevant advertiser

Without limitation to the foregoing, we shall moreover - in our efforts to respect your privacy and to keep the website free of malicious persons or parties – not disclose your personal information to third parties without a court order or formal request from the government in accordance with applicable law, unless we believe in good faith that such disclosure is necessary to prevent impending injury or financial damages or to report alleged illegal activities, or is required by applicable law.

Information you share on www.shopandsell.ca: Our Website allows users to share advertisements and other information with other users, thereby making this shared information accessible to other users. Since our Website also enables you to directly contact a buyer or seller, we recommend that you consider how you share your personal information with others. You are solely responsible for the personal information you share through our Website and therefore we cannot guarantee the privacy or security of the information shared by you with other users. Likewise, we cannot guarantee or be responsible for, what other people you share your information with do with that information. 

In case you visit our Website from a shared computer or a computer in an internet café, we strongly recommend that you log off after each session. If you do not want the shared computer to remember you and/or your credentials, you may need to remove cookies and/or the history of your website visits.

4. Transfers of your personal information to other jurisdictions

We may transfer the personal information we collect about you to recipients in jurisdictions other than the jurisdictions in which the information was originally collected. Those jurisdictions may not have the same data protection laws as the jurisdiction in which you initially provided your personal information. In these circumstances, the governments, courts, law enforcement or regulatory agencies of the foreign jurisdiction may be able to obtain access to your personal information through the laws of that jurisdiction. When we transfer your personal information to recipients in another jurisdiction, we will protect that personal information as described in this Privacy Policy.

For example, we may transfer data to other members of our corporate family and our service providers as described in this Privacy Policy who may process and keep your personal information on servers in the European Union, United States and our data centers in other parts of the world.
 

 

You agree that we may use the information collected by us to send you offers, whether personalized or not, or to contact you by telephone regarding products or Services offered by Shopandsell or companies of the Classifieds Group.

We will not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We may combine your information with information we collect from other companies and use it to improve and personalize our Services and functionalities.

When you no longer wish to receive marketing communications from us, you can, where applicable, change your preferences in your My Shopandsell account, or follow the unsubscribe link in the marketing communication you received.

 

When you use our Services, we and our service providers may place cookies (data files on your phone or mobile device’s drive) or web beacons (electronic images that are placed in a web page’s code) or similar technologies. We use cookies to help us identify you as a user, to provide you a better experience on our Website, to measure promotional effectiveness and to ensure trust and safety on our Website. For more detailed information about our use of these technologies, we refer you to our Policy on Cookies, Web beacons and Similar Technologies, which forms part of this Privacy Policy.

 

 

Accessing or obtaining a copy of your personal information: You may access your personal information or account information by logging into your Shopandsell account. Alternatively, you can also contact Customer Support by selecting Privacy - Access Information to access or obtain a copy of your personal information stored by us (including information that is not directly accessible on Shopandsell), unless we are not required to provide access or a copy under applicable law. We may charge a fee to compensate costs; however the fee shall not exceed the amount permitted by law. 

Correcting your personal information: If your information is factually incorrect or incomplete or irrelevant for the purposes for which we process your information, you may request that we rectify your information by contacting Customer Support and selecting Privacy - Rectify Information. Such requests will be handled in accordance with applicable law. 

Changing your personal information: We cannot modify your personal information or account information. You can modify your own information by logging into your Shopandsell account. When you place a classified ad, you may not be able to change your listing or delete your message. 

Deleting your personal information: If you want to close your account (where applicable) with us and/or delete your personal information, please send us a request by contacting Customer Support and selecting Privacy - Delete Information. You may also initiate a request via the Shopandsell app by selecting ‘account settings’ - ‘manage account’ - ‘request account deletion’. We will process your request within a reasonable period of time and in accordance with applicable law. Please note we may not delete information which we are required or permitted to retain under the applicable law. 

Withdrawing Consent: You have the right to object and opt-out of certain uses and disclosures of your personal information, and may withdraw your consent to our processing of your personal information at any time by contacting us. Please note that even if you opt-out, we may still collect and use non-personal information regarding your activities on our Website. 

Please note that our processing of these requests are subject to certain exceptions, and therefore may not be applicable in instances where we need to retain the information (i) under applicable law or to preserve our rights, (ii) as required to deter and identify potential fraud, spam, criminal activity or other suspicious behaviours, (iii) as reasonably required to keep records of your request, (iv) if related to previously deleted ads or replies (which information, subject to (i)-(iii), may still be in the process of being deleted).

You may also contact us concerning any of the above requests by writing to Shopandsell Canada Ltd. contact us here.

 

 

We protect your personal information by using technical and administrative security measures (such as firewalls, data encryption, and physical and administrative access controls to the data and servers) that limit the risk of loss, abuse, and unauthorised access, disclosure, and alteration. Nevertheless, if you believe your account or information has been abused, please contact us here.

We use the reCAPTCHA Enterprise tool on our Website to help detect and prevent fraud, spam and abuse. This tool collects information about your hardware and software (such as device or application data) and sends it to Google to run and improve the tool, as well as for general security purposes. Please note that your use of reCAPTCHA Enterprise is subject to Google’s Terms of Service and Privacy Policy. 

We retain personal information as long as is legally permissible and delete personal information when it is no longer necessary for the purposes as described above.

While Shopandsell does not actively monitor replies sent within our system between users, we reserve the right to delete or ban those who we deem to be using replies inappropriately.

9. When contacting other users:

• Please treat them with courtesy and respect.

• Please do not reply to ads with unsolicited opinions, comments, or judgements on the content of the ads or about the poster.

• All replies to ads must be in connection to what the ad is offering. Replies regarding other commercial offers are not permitted.

• Abusive ad replies are not permitted. Any replies containing hate speech or defamation are strictly prohibited.

• Sexually suggestive or explicit content is strictly forbidden in ad replies. This includes, but is not limited to: nudity or partial nudity, sexual acts or fetishes, sexually suggestive language, solicitation of sexual services, exploitation of children and sexually suggestive emojis or symbols. If we find or are otherwise made aware of any ad replies containing this type of content (or content that we find to be similarly problematic) the user's account may be suspended or terminated (we'll also report any such content as may be required by applicable law). We take the safety and comfort of our users seriously, and we will not tolerate any content that exploits, abuses, or endangers others.

• Impersonating other users, including supplying fake phone numbers is not permitted, and those who are found to be doing so may lose the ability to use Shopandsell.

Shopandsell reserves the right to revoke the ability of any users to reply to ads without notice.

If you receive a reply that you feel is inappropriate, please report it to our support team.

10. Shopandsell Age Restrictions

Shopandsell cares about the safety of your entire family. We understand that in the age of technology, kids are on the internet more than ever and free online classifieds can be a fun way for them to find toys, video games, clothes, and other cool items.

While we pride ourselves on being a site that the whole family can use, we also know the concerns involved with transacting online.

We want to minimize these risks. Therefore, for anyone under 16 years of age, we ask that you have your parent/guardian respond to any ads you may be interested in. Also, if you wish to post an ad on Shopandsell, have your parent/guardian do so on your behalf, so they can be directly involved in the transaction.

Shopandsell reserves the right to remove any ad if we feel it is in the best interest and for the safety of our users.

11. User Review

You may be asked to leave a review on a completed transaction with another user on Shopandsell. Reviews consist of a 1-5-star rating and selected reasons why you’ve chosen that review. When submitting a review, your review, user name, profile photo (if available), and the category of the seller’s listing will be made public.

User reviews should be left in good faith that both you and the other user are depicting your interaction fairly. When leaving a review on another user’s account, the review should:

• be truthful to what happened between you and the other user
• not be left in an attempt to harass or abuse another user
• not be in left in an attempt to manipulate or mislead other users

We reserve the right to remove reviews which violate our policies or guidelines.

To ensure the integrity of the review system, users are not able to edit or remove reviews on their own profile or someone else’s. Shopandsell will also not mediate review-related disputes. User reviews reflect the opinions of individual Shopandsell users and do not reflect the opinion of Shopandsell.

12. Posting Policies

The following activities are prohibited from Shopandsell Canada:

• Posting an item for sale that is not located in Canada.
• Posting an item for sale that is illegal to own, buy or sell in your area of residence.
• Posting an item for sale that is in the prohibited items and services list.
• Posting duplicate ads in multiple categories.
• Posting ads using multiple different email addresses.
• Posting an ad that serves no other purpose other than to send traffic to a web site.
• Posting an ad that violates Shopandsell's Jobs Code of Conduct.
• Posting an ad containing a list of keywords not directly related to the item being sold.
• Posting an ad in languages other than English and French.
• Posting an ad that contains adult, mature or erotic content. Personals are not allowed.
• Posting an ad that defames anyone or contains "hate speech".
• Posting opinions, notices, and discussion topics which should instead be posted on social media sites.
• Posting an ad in an incorrect or misleading category or with misleading information.
• Posting an ad that violates Shopandsell's Pet Posting Policies.
• Posting an ad that violates Shopandsell's Equality in Housing policy.
• Posting as a Private Seller, Owner, or Individual when you are a Business, Dealer or Professional.
• Posting an ad that is intended to profit off a natural disaster, health or public safety concern, or tragic event.

Please note:

• Users must be at least 16 years old to post ads on their own. Ads for our younger users must be posted by an adult for security reasons.

• Any ads that do not comply with Shopandsell policies may be removed from the site. Additionally, users who violate such policies may be blocked from using Shopandsell in the future.

• We may, at any time, remove an ad if we believe it interferes with the well-being of the community or the spirit of Shopandsell. 

Our general rule is that you may not list, buy or sell items or services that are illegal to own, buy or sell in your province of residence, or that are not bought or sold in compliance with applicable laws and regulations. You are responsible for ensuring compliance with all applicable laws relating to the item you list, buy or sell.

13. Posting Duplicated Ads

• Do not post duplicate ads in one or multiple categories as they are a source of frustration for our user community. If you’re unsure of which category to use, try searching to find out where others have put similar ads. Duplicate ads may be removed by our automated filters if you do attempt to post another ad. 
• When posting your ad, post it within your region for maximum exposure. It is ok to post in more than one city, for instance, if you reside in between two Shopandsell cities. 

• We reserve the right to remove ads that hinder the user experience.  
• Ads in the Services category must be condensed as much as possible. All facets of a service must be listed within a single ad instead of having an ad for each service.

14. Linking to Website

You may include a link to your website if you would like to:

• Link to additional product information
• Link to a page with more pictures
• Link to a page with an alternate contact method

Please note that your ad must advertise a specific item or service. Ads created for the sole purpose of directing traffic to an alternate website are not allowed on Shopandsell.

Additionally, you may not include a URL in your image of the item, or advertise referral codes in an attempt to gain the referral credit.

15. Services Code of Conducts

When advertising services on Shopandsell, please keep the following in mind;

All services advertised in classified ads and in reply to other ads must adhere to our services rules, as well as our regular posting policies. The following types of services are prohibited from being advertised on the site;

• Adult, erotic or sexual services of any kind including but not limited to; bachelor parties, adult cleaning/ lawn care, webcamming, modeling, photography, escort and prostitution.

• Massage service ads posted by anyone who is not a Registered Massage Therapist (RMT) and who is unable to provide insurance receipts for customers.

• Massage service ads containing full body photographs or headshots. Photographs of the establishment are permitted.

• Massage service ads that include the personal details of the service provider, such as age, sex, gender, ethnicity, or mentions of body measurements.

• Wanted ads looking for massage services.

• Surrogate/ adoption/ donor services.

• Model or photography service ads which do not offer a professional website or portfolio.

• Financial lending service ads which do not offer company information such as business name, address and phone number.

In addition, please keep in mind that;

• Users offering a variety of Skilled Trade services must make every effort to bundle all related or overly similar services together in one ad. If each service is very distinctive – such as carpentry versus plumbing – then individual ads are certainly acceptable.

• Replies to services ads for personal reasons or for solicitation of any sexual or otherwise inappropriate purposes are strictly prohibited and may result in a loss of ability to utilize Shopandsell.

16. Real Estate Code of Conduct

All posts for house, apartment, or condo rentals must be in compliance with the Shopandsell Equality in Housing policy.

Roommate ads may state preferences, but may not be discriminatory or exclude any individuals or groups from consideration.

Security deposits equal to 1 month of rent are allowed in most provinces and territories in Canada, with the following exceptions:

• Half month rent permitted in BC, Manitoba, and Nova Scotia
• 3/4 month’s rent is all that is allowed in Newfoundland
• Quebec: security deposit and last month rent not permitted
• Ontario: security deposits are not allowed, but last month rent is

Key Deposits are not allowed in most provinces and territories in Canada, with the following exceptions:

• Permitted in BC, Saskatchewan and Yukon
• Key deposit may be requested as part of the security deposit in Alberta

Ads which do not meet Shopandsell policies or, which may not in Shopandsell’s view, abide by local laws and by-laws, including the Quebec Charter of the French Language, as applicable, may be removed at our discretion.

17. Equality in Housing Policy

Equal Housing Opportunity: Shopandsell supports equality in housing and we encourage users of our site to follow appropriate guidelines to comply with the human rights legislation that is in place in all of Canada’s provinces and territories, as well as any applicable local regulations. These laws prohibit denying a person housing, or discriminating in a tenancy agreement, based on the following prohibited grounds:

• Gender and gender-determined characteristics, including pregnancy;
• Age;
• Race or perceived race, ethnic background or origin, colour, or aboriginal origin;
• Ancestry, nationality, or place of origin;
• Religion, creed, religious beliefs, religious associations or religious activities;
• Physical or mental disability, or reliance on any remedial device to alleviate these conditions;
• Marital or familial status;
• Sexual orientation;
• Lawful source of income, including the receipt of public assistance;
• Social condition;
• Political beliefs, convictions, associations or activities;
• Citizenship;
• Language;
• Disfigurement, or irrational fear of contracting an illness or disease;
• Criminal charges or a criminal record; or
• An individual's association with another individual or class of individuals having these characteristics

Renter's Rights:

As a property owner or manager you have a responsibility not to discriminate in the rental of property on the basis of the prohibited grounds of discrimination in force in your jurisdiction. Similarly, persons acting on your behalf in a rental transaction have a responsibility not to discriminate on the basis of the prohibited grounds of discrimination in force in your jurisdiction. It is not permitted to comply with a request from a property owner or manager to act in a discriminatory manner in a lease or rental. Moreover, a property owner or manager cannot establish discriminatory terms or conditions in the purchase or rental of a residential dwelling, deny that housing is available, or advertise that the property is available only to persons of a certain gender, age, race, colour, religion, sexual orientation, handicap, familial status, national origin, or any other prohibited ground of discrimination in force in your jurisdiction.

Renter's Rights:

As someone seeking to rent an apartment, home or condo, you have the right to expect that housing will be available to you without discrimination or other limitations based on the prohibited grounds of discrimination in force in your jurisdiction. This includes the right to expect equal professional service, the opportunity to consider a broad range of housing choices, no discriminatory limitations on communities or locations of housing, no discrimination in the pricing or financing of housing, reasonable accommodations in rules, practices and procedures for persons with disabilities, and to be free from harassment or intimidation for exercising your rights.

Provincial and Territorial Law:

The prohibited grounds of discrimination vary between each of Canada’s provinces and territories and as such the prohibited grounds of discrimination in your location may differ from those listed in the Shopandsell Equality in Housing Policy. Please inform yourself about the human rights legislation applicable in your location. If you encounter an ad that you believe is discriminatory and you believe that it violates the Shopandsell Equality in Housing Policy, please flag the ad as prohibited. Shopandsell reserves the right to remove an ad if it is flagged on any of our sites, or if we believe it causes problems or violates any law, policy, these terms, or of any party’s rights.

18. Jobs Code of Conduct

You may include a link to your website if you would like to:

When using Shopandsell, please keep in mind that all jobs advertised in classified ads and in reply to other ads must adhere to our job rules, as well as our regular posting policies.

The following types of jobs are prohibited from being advertised on the site:

• Pyramid schemes, or jobs that require upfront or periodic payments.
• Jobs that pay only commissions, unless the ad makes it clear that the sole source of compensation would be commission, and clearly describes the product or service that would be sold.
• Jobs that involve sexual activities.
• Ads that are not clear regarding what type of work would be required.

In addition, please keep in mind that:

• Multi-level marketing jobs must be posted as a Professional Employer ad.
• Requiring a photo for an application is prohibited.
• Discriminating against race, national or ethnic origin, colour, religion, age, gender, sexual orientation, marital status, family status, pregnancy, disability and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered is prohibited.
• Replies to ads for any purpose other than recruitment to a legitimate position are prohibited. 
• Replies to ads for personal reasons, or for solicitation of any sexual or otherwise inappropriate purposes are strictly prohibited and may result in a loss of ability to utilize Shopandsell.
• Section 41 of the Quebec Charter of the French Language (the “Charter”) may be applicable to you. It provides that every employer shall draw up and publish his offers of employment or promotion in French. Section 46 of the Charter may also be applicable to you.  It provides that an employer who requires knowledge, or a specific level of knowledge, of a language other than French in order to be eligible for a position to indicate the reasons for this requirement in the ad.

Model or Acting Jobs

• Ads must be posted from an email with a professional business domain. Free domains such as Gmail, Hotmail, etc., are not allowed to post model or acting jobs.
• Ads must include information about the agency, including the company name and a phone number.

19. Requirements for Financial Services

Are you looking to post an ad offering loan or financing services? If so, there are specific details that must be included within the content of your ad.

1. Company information:

• Business name
• Mailing address
• Contact phone number
• Website URL (if applicable)

2. Are you accredited by the Better Business Bureau (BBB)?

• Yes/No 

In addition to the above points, you must include as much information as possible on the actual service you are providing. Some key features might include:

• Loan Features
• Service Features
• Loan Application Information
• Repayment Terms 

While ads offering loan or financing services are subject to more strict requirements, this is done to protect the user community as a whole from unscrupulous lenders.

20. Other information

 

Abuse and unsolicited commercial communications ("spam"): We do not tolerate abuse of our Website. You do not have permission to add other Shopandsell users to your mailing list (e-mail or postal) for commercial purposes, even if a user has purchased something from you, unless the user has given his explicit consent. If you notice that someone is abusing our Website (spam or spoof emails), please notify us here.

 

It is not allowed to use our member-to-member communication resources to send spam or content that violates our Terms of Use in any other way. For your security, we may scan messages automatically and check for spam, viruses, phishing and other malicious activity or illegal or prohibited content. We do not permanently store messages sent through these resources.

 

Third Parties: Unless explicitly provided otherwise in this Privacy Policy, this Privacy Policy applies only to the use and transfer of information we collect from you. Shopandsell has no control over the privacy policies of third parties that may apply to you. When we work with third parties or use third party tools to provide certain services, we will explicitly indicate which privacy policy applies to you. We therefore encourage you to ask questions and review third party privacy policies before you disclose your personal information to others.

 

Contact: If you have any questions about this Privacy Policy or our processing of your personal information, please contact us by writing to Shopandsell Canada Ltd., Attention: contacting us here.