Privacy Statement

1. General

Seamm Technologies Inc. (“we”, “us”, “Seamm”, “Company”) is committed to ensure the confidentiality and data protection of all personal data. This Privacy Statement is applied to personal data that We collect in relation to our customer and marketing data filing system (later “Data Filing System”). The personal data and related processing are described in this Privacy Statement. Additional information regarding the processing of personal data in our systems is provided by the Chief Operations Officer at [email protected].


We respect your privacy rights and value your trust. This Privacy Statement describes how we collect, receive, use, store, share, transfer, and process your personal information, as well as your rights in determining what we do with the information that we collect or hold about you.


We may update this privacy statement from time to time, for example due to changes in applicable legislation. If we make any material changes, we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this website prior to the change becoming effective. Therefore, we advise you to review this Privacy Statement. We endeavor to carry out reasonable means to inform you of any possible changes beforehand.


This Privacy Statement (“Policy”) describes the personal data that we collect about you, how we use it, how we share it, your rights and choices, and how you can contact us about our privacy practices. This Policy also outlines your data subject rights, including the right to object to some uses of your Personal Data by us.


“Brand Services” means Services provided by the Company to entities (“Brands”) who directly and indirectly provide us with “End Customer” Personal Data in connection with those Brands’ own business and activities.


“End User Services” means those Services which the Company directs to individuals (rather than entities) so that those individuals do business directly with the Company.


“Platform” means the websites and the applications that the Company indicates are covered by this Policy. Collectively, we refer to Platform, Brand Services and End User Services as “Services”.


“Personal Data” means any information that relates to an identified or identifiable individual, and can include information about how you engage with our Services (e.g. name, contact information, device information, IP address).


“Services” means the products and services that the Company indicates are covered by this Policy, which may include Company-provided devices, apps, and goods dispatch.


Depending on the context, “you” means End Customer, End User, Representative or Visitor:


  • When you directly use an End User Service (such as acquiring digitized footwear from another End User through the Platform in your personal capacity), for your personal use, we refer to you as an “End User”.

  • When you visit a Platform without being logged into an account on the Platform or otherwise communicate with the Company, we refer to you as a “Visitor” (e.g. you send the Company a message asking for more information about the Platform).


Depending on the activity, the Company acts as a “data controller” or “data processor”.


Seamm complies with the EU-U.S. Data Privacy Framework, the UK Extension to the EU-U.S. Data Privacy Framework, and the Swiss-U.S. Data Privacy Framework as set forth by the U.S. Department of Commerce.


EU-U.S. Data Privacy Framework and the UK Extension to the EU-U.S. Data Privacy Framework


Seamm has been certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles with regard to the processing of Personal Data received from Switzerland in reliance on the Swiss-U.S. Data Privacy Framework. If there is any conflict between the terms in this Policy and the EU-U.S. Data Privacy Framework Principles and/or the Swiss-U.S. Data Privacy Framework Principles, the Principles shall govern.


EU-U.S. Data Privacy Framework


To learn more about the Data Privacy Framework program, and to view our certification, please visit https://www.dataprivacyframework.gov.


Seamm is responsible for the processing of Personal Data it receives, under the EU-U.S. Data Privacy Framework, the UK Extension to the EU-U.S. Data Privacy Framework, and the Swiss-U.S. Data Privacy Framework, and subsequently transfers to a third party acting as an agent on its behalf. Seamm complies with the EU-U.S. Data Privacy Framework, the UK Extension to the EU-U.S. Data Privacy Framework, and the Swiss-U.S. Data Privacy Framework for all onward transfers of Personal Data from the European Union, United Kingdom, or Switzerland, including the onward transfer liability provisions.


With respect to Personal Data received or transferred pursuant to the EU-U.S. Data Privacy Framework, the UK Extension to the EU-U.S. Data Privacy Framework, and the Swiss-U.S. Data Privacy Framework, Seamm is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, Seamm may be required to disclose Personal Data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

2. Complaints

All requests concerning the use of the rights mentioned, questions about this privacy statement, or complaints related to your privacy or data use should be emailed to Seamm Chief Operations Officer at [email protected] or paper mailed to:

Seamm Technologies Inc.

ATTN: Chief Operations Officer
600 N Broad Street, Suite 5 #3576,
Middletown, DE 19709,
[email protected]

3. Binding Arbitration

In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, Seamm commits to resolve DPF Principles-related complaints about our collection and use of your personal information. EU and UK individuals and Swiss individuals with inquiries or complaints regarding our handling of Personal Data received in reliance on the EU-U.S, UK-U.S., and Swiss-U.S.


If a consumer’s complaint cannot be resolved through Seamm’s internal processes, Seamm will cooperate with JAMS pursuant to the JAMS DPF Program, which is described on the JAMS website at https://www.jamsadr.com/DPF-Dispute-Resolution. JAMS mediation may be commenced as provided for in the JAMS rules. Following the dispute resolution process, the mediator or the Consumer may refer the matter to the U.S. Federal Trade Commission, which has DPF investigatory and enforcement powers.


Under certain circumstances, Consumers may be able to invoke binding arbitration to determine whether a participating organization has violated its obligations under the DPF Principles as to that individual and whether any such violation remains fully or partially unremedied after you approached us and you used the independent recourse mechanism. The International Centre for Dispute Resolution-American Arbitration Association (“ICDR-AAA”) was selected by the U.S. Department of Commerce to administer arbitrations pursuant to and manage the arbitral fund. Please visit ICDR-AAA’s website for more information.

4. Data Controller

Name: Seamm Technologies Inc.
Address: 919 North Market Street, Suite 950, Wilmington, County of New Castle, 19801

5. Personal Data that we collect and how we use and share it

5.1. End users

We provide End User Services where we do not act as a service provider to Brands but instead provide the Services directly to you for your personal use.

5.1.1. Personal Data that we collect about End Users

Creating an account. When you create an account on the Platform you provide the Company with such information as email address, Apple ID or similar information that will secure your access to the Services. You may also choose to provide additional information in your account to make it more personalized, for example date of birth, name, age and gender. In this case we will securely collect provided information in accordance with this Policy.


Selling digitized items. The Company will provide you with an opportunity to acquire, store, sell and otherwise dispose of digitized items connected to the Platform. In this case the Company will collect information on the items you own or owned, transaction history, agreed transaction price.


Buying goods. The Company will provide Services with an opportunity to purchase goods placed on the Platform. In this case the Company will collect information on the items you ordered, your name and surname, delivery address, contact phone number, transaction history, and agreed transaction price.


Paying the Company. If you are buying goods or services directly from the Company, we receive Transaction Data. For example, when you make a payment to the Company, we might receive and collect contact information, masked PAN, information about that transaction and in some cases, shipping information.

5.1.2. How we use and share Personal Data of End Users

Services. We use your Personal Data to provide the End User Service to you, including security, delivery, support, personalization and messages related to the End User Service (e.g. communicating Policy updates and information about our Services). We also use your Personal Data for our fraud detection and mitigation Brand Services and may share certain Personal Data as part of those Brand Services with the Brands that you may seek to connect with. The use of this Personal Data is subject to the Brands’ privacy policies.


Brands. When you choose to connect with the Company, you may also choose to share your information with certain Brands to participate in various connected activities. These Brands will have their own privacy policies which describe how they use that information.


Transactions. For payment transactions End User Personal Data is shared with others to enable the transaction. For example, when you choose to use a payment method for the transaction with the Company, a Brand or another End User (e.g. credit card, debit card, buy now pay later, or direct debit), that payment method will receive transaction information that includes your Personal Data. Please review your payment method’s privacy policy to learn more. When you use the Platform to facilitate your transactions, the Company, a Brand or another End User will also receive Transaction Data that includes your Personal Data. Your counterparty may share that Personal Data with others. Please review your merchant’s privacy policy for further information.


Fraud Detection Services. We use your Personal Data collected on the Platform to detect and prevent fraud against us, the Brands and partners, including to detect unauthorized log-ins using your online activity. We may provide the Brands with Personal Data about you (including your attempted transactions) so that they can assess the associated fraud risk with a transaction.


Advertising. We may use your Personal Data to assess your eligibility for and offer you other End User Services. With your permission or where allowed by law, we use and share End User Personal Data with others so that we may market our products and services to you, including through interest-based advertising where allowed by applicable law, including subject to any consent requirements. We do not share End User Personal Data with third parties for their marketing or advertising unless you give us or the third party permission to do so. We do not sell the data of End Users.

5.2. End Customers

The Company offers Brand Services to the Brands engaged with the Company (e.g. facilitation of Brand-End User interaction and loyalty programs). When we are acting as a Brand’s service provider (or data processor), we will process Personal Data in accordance with the terms of our agreement with the Brand and the Brands’s lawful instructions. For example, we process data on digital items you own to admit you to the Brand loyalty program. Brands are responsible for making sure that their End Customer’s privacy rights are respected, including ensuring appropriate disclosures about data collection and use that happens in connection with their services. If you are an End Customer (e.g., a participant of Brand loyalty program), please refer to the privacy policy or notice of the Brand for information regarding the Brand’s privacy practices, choices and controls, or contact the Brand directly.

5.2.1. Personal Data that we collect about End Customers

Transaction Data. If you are an End Customer, communicate or transact with a Brand that uses us to provide Brand Services, we will receive transaction data. The “Transaction Data” that we collect includes Personal Data, and may include the following: your name, email address, and in some cases, some information about what you have purchased, your phone number and address. We may also receive your transaction history with the Brand.

5.2.2. How we use and share Personal Data of End Customers

We generally use and share Personal Data of End Customers with Brands to provide Brand Services as described below, as well as for the Company’s own purposes to secure, improve and provide our Brand Services, as described below.


Payments. We use your Transaction Data to perform our transaction related Brand Services to Brands, including to calculate brand fees on the transactions you made through the Platform, and to calculate their revenue.


Identity/Verification Services. We use Personal Data about your identity, including information provided by you and our service providers, to perform verification Services for the Company or for the Brands that you are doing business with and to reduce fraud and enhance security.


Brands (their Authorized Third Parties). We share Personal Data of End Customers with their respective Brands and with parties directly authorized by those Brands to receive Personal Data. This includes sharing Personal Data of End Customers with a Brand when a Brand authorizes a third party application provider to access its account at the Platform. For example, when the Brand uses Services to verify an End Customer’s identity, the Company shares with Brand the information, documents or photos provided by the End Customer to verify their identity. The Brands you choose to connect with may further share your Personal Data to third parties they authorize. Please review your Brand’s privacy policy to learn more.


Advertising by Brand. If you have begun a participation in a loyalty program, we share Personal Data with that Brand in connection with our provision of Services and that Brand may use your Personal Data to market and advertise their products or services. Please review your Brand’s privacy policy to learn more, including your rights to stop their use of your Personal Data for marketing purposes. We do not use or share End Customer Personal Data for our marketing or advertising, or for marketing and advertising by third parties who are not the Brand with which you have connected or attempted to connect. We do not sell the data of End Customers.

5.3. Representatives

To provide Brand Services, we collect, use and share Personal Information from Representatives of the Brands (e.g. a Company marketing manager).

5.3.1. Personal Data that we collect about Representatives

Registration and Contact Information. If you register for the Platform account for a Brand, we collect your name and account log-in credentials. If you register for an event that the Company organizes or attends or if you sign up for the Company’s communications, we collect your registration and profile information. If you are a Representative of a new Brand, we receive your Personal Data from third parties (including data providers) in order to advertise to, market and communicate with you as described further below and in Section 5.3.

5.3.2. How we use and share Personal Data of Representatives

We generally use Personal Data of Representatives to provide the Brand Services to the associated Brands, as well as for the purposes described below.


Brand Services. We use and share Personal Data of Representatives with Brands to provide the Services.


  • We share data with parties directly authorized by a Brand to receive Personal Data (e.g. financial partners servicing the financial product). The use of Personal Data by a Brand’s authorized third party is subject to the third party’s privacy policy.

5.4. Visitors (e.g. visitors to the Company’s sites who are not an End User, End Customer or Representative)

5.4.1. Visitor Personal Data that we collect

When you visit our Platform, we generally receive your Personal Data either from you providing it to us or through our use of cookies and similar technologies.


Forms. When you choose to fill in a form on the Platform or on third party websites featuring our advertising we will collect the information included in the form, usually your contact information and other information about your question related to our Services.

5.4.2. How we use and share visitor Personal Data

Personalization. We use information about you that we gather from cookies and similar technologies to measure engagement with the content on the Platform, to improve relevancy and navigation, to personalize your experience and to tailor content about the Platform and our Services to you.


Advertising. With your permission or where allowed by law, we use and share Visitor Personal Data with others so that we may advertise and market our products and services to you, including through interest-based advertising where allowed by applicable law, including subject to any consent requirements.


More ways we collect, use and share Personal Data


In addition to the ways we collect, use and share Personal Data that are described above, we also process your Personal Data as follows.

5.5. Personal Data Collection

Online Activity. Depending on the Platform functionality you use and the Brands’ implementation of our Brand Services, we will collect information about:


  • Devices and browsers across our Platform and third-party websites, apps and other online services (“Third-Party Sites”),

  • Usage data associated with those devices and browsers, including IP address, plug-ins, language used, time spent on the Platform and Third-Party Sites, pages visited, links clicked, and the pages that led or referred you to the Platform and Third-Party Sites. For example, activity indicators, like mouse activity indicators, help us detect fraud.

  • Some of our Third-Party Sites include mobile or browser apps that allow you to use our services while on the go or while browsing Third-Party Sites and other online services. Certain of these applications may also allow us to collect information about your use of and interactions with Third-Party Sites and online services (including the items or services you are interested in or purchase) to perform better for you. We and/or our Third-Party Sites such as Snap Inc. (we use CameraKit SDK from Snap Inc.) may also use information from camera in real time - Snap Inc. does not store this information on their servers or share it with third parties. Snap Inc Privacy Policy.


Communication and Engagement Information. We will collect any information you choose to provide to us, for example, through support tickets, emails or social media. When you respond to the Company’s emails or surveys, we collect your email address, name and any other information you choose to include in the body of your email or responses. If you contact us by phone, we will collect the phone number you use to call the Company, as well as other information you may provide during the call. We will also collect your engagement data such as your registration for, attendance of, or viewing of the Company’s events and other interaction with the Company’s personnel.


Forums and Discussion Groups. Where our Platform allows you to post content, we will collect Personal Data that you provide in connection with the post.

5.6. Personal Data Usage

In addition to the ways described above in which we use Personal Data, we use Personal Data in the following ways:


Improving and Developing our Services. We use analytics on our Platform to help us analyze your use of our Platform and Services and diagnose technical issues. To learn more about the cookies that may be served through our Platform and how you can control our use of cookies and third-party analytics, please see our Cookie policy. We also collect and process Personal Data while providing our Services, whether you are an End User, End Customer, Representative or Visitor, to improve our Services, develop new Services and support our efforts to make our Services more relevant and more useful to you.


Communications. We may use the contact information we have about you to perform the Services, which may include sending codes via SMS to authenticate you. If you are an End User, Representative or Visitor, we may communicate with you using the contact information we have about you (e.g. using email, phone, text message or videoconference) to provide information about our Services and our affiliates’ services, invite you to participate in our events or surveys, or otherwise communicate with you for our marketing purposes, provided that we do so in accordance with applicable law, including any consent or opt-out requirements. For example, when you submit your contact information to us or when we collect your business contact details through our participation at trade shows or other events, we may use the information to follow-up with you regarding an event, send you information that you have requested on our products and services and include you on our marketing information campaigns.


Social Media and Promotions. If you choose to submit Personal Data to us to participate in an offer, program or promotion, we will use the Personal Data you submit to administer the offer, program or promotion. Based on your permission or opt-out, we will also use that Personal Data and Personal Data you make available on social media to market to you.


Fraud Prevention and Security. We collect and use Personal Data to help us to detect and manage the activity of fraudulent and other bad actors across our Platform to otherwise seek to secure our Platform against unauthorized access, use, modification or misappropriation of Personal Data, information and funds. In connection with fraud and security monitoring, prevention, detection, and compliance activities for the Company and the Brands, we may receive information from service providers, and third parties. We may collect information from you, and about you, from Brands, financial partners and in some cases third parties. For example, to protect our Platform, we may receive information from third parties about IP addresses that malicious actors have compromised. This Personal Data (e.g. name, address, phone number, country) helps us to confirm identities subject to applicable law and prevent fraud. We may also use technology to assess the fraud risk associated with an attempted transaction by an End Customer or End User with a Brand or financial partner.


Compliance with Legal Obligations. We use Personal Data to meet our contractual and legal obligations related to anti-money laundering, Know-Your-Customer ("KYC") laws, anti-terrorism, export control and prohibitions on doing business with restricted persons or in certain business areas, and other legal obligations. We strive to make our Platform safe, secure and compliant, and the collection and use of Personal Data is critical to this effort. For example, we may monitor patterns of payment transactions and other online signals and use those insights to reduce the risk of fraud, money laundering and other activity that is harmful to the Company, our End Users and their End Customers.


Minors. The Platform is not directed to minors, including children under the age of 13, and we request that they not provide Personal Data through the Services. In some countries, we may impose higher age limits as required by applicable law. We do not sell any Personal Data of End Customers, Representatives, Visitors or End Users, including those aged between 13 to 16.

5.7. Personal Data Sharing

In addition to the ways described above, we share Personal Data in the following ways:


The Company’s Affiliates. We share Personal Data with other affiliated entities of the Company. When we share with these entities, it is for purposes identified in this Policy.


Service Providers or Processors. In order to provide Services to the Brands and End Users and to communicate, market and advertise to Visitors, Representatives and End Users regarding our Services, we will rely on others to provide us services. Service providers (provide a variety of critical services, such as hosting (storing and delivering), analytics to assess the speed, accuracy and/or security of our Services, identity verification, customer service, email and auditing. We authorize such service providers to use or disclose the Personal Data of our Users that we make available to perform services on our behalf and to comply with applicable legal requirements. We require such service providers to contractually commit to protect the security and confidentiality of Personal Data they process on our behalf. Our service providers are predominantly located in the European Union, and the United States of America.


Financial Partners. “Financial Partners” are financial institutions that we may partner with to offer the Services (including payment method acquirers, banks and payout providers). We share Personal Data of our Users with certain Financial Partners to provide the Services to the associated Brands and to offer certain Services in partnership with our Financial Partners.

6. Legal bases for processing data

For the purposes of the General Data Protection Regulation, we rely upon a number of legal bases to enable our processing of your Personal Data.

6.1. Contractual and Pre-Contractual Business Relationships

We process Personal Data for the purpose of entering into business relationships with prospective partnering Brands and End Users and to perform the respective contractual obligations that we have with these Users. Activities include:


  • Creation and management of the Platform’s accounts and Platform’s account credentials;

  • Fraud detection and prevention, optimizing valid transactions, communications regarding such payments, and related customer service;

  • Service arranging to the Platform End Users.

6.2. Legal Compliance

We process Personal Data to verify the identity of our Users in order to comply with fraud monitoring, prevention and detection obligations, laws associated with the identification and reporting of illegal and illicit activity, such as "Anti-Money Laundering ("AML") and Know-Your-Customer ("KYC")" obligations, and financial reporting obligations. For example, we may be required to record and verify a User’s identity for the purpose of compliance with legislation intended to prevent money laundering and financial crimes.

6.3. Legitimate Business Interests

Where allowed under applicable law, we rely on our legitimate business interests to process Personal Data about you. The following list sets out the business purposes for which we have a legitimate interest in processing your data:


  • Detect, monitor and prevent fraud;

  • Mitigate financial loss, claims, liabilities or other harm to End Customers, End Users, Brands and the Company;

  • Determine eligibility for and offer new Company’s products and services;

  • Respond to enquiries, send Service notices and provide customer support;

  • Mitigate financial loss;

  • Promote and improve our Services, systems, and tools, and develop new products and services, including reliability of the Services;

  • Detect, monitor and prevent fraud;

  • Mitigate financial loss, claims, liabilities or other harm to End Customers, End Users, Brands and the Company;

  • Determine eligibility for and offer new Company’s products and services;

  • Respond to enquiries, send Service notices and provide customer support;

  • Mitigate financial loss;

  • Promote and improve our Services, systems, and tools, and develop new products and services, including reliability of the Services;

  • Review claims, liabilities or other harm to End Customers, End Users, Brands and the Company;

  • Manage, operate and improve the performance of our Platform by understanding its effectiveness and optimizing our digital assets;

  • Analyze and advertise our Platform;

  • Conduct aggregate analysis and develop business intelligence that enable us to operate, protect, make informed decisions, and report on the performance of, our business;

  • Share Personal Data with third party service providers that provide services on our behalf and business partners which help us operate and improve our business;

  • Enable network and information security throughout the Company and our Platform; and

  • Share Personal Data among our affiliates.

6.4. Consent

We may rely on consent to collect and process Personal Data as it relates to how we communicate with you and for the provision of our Services. When we process data based on your consent, you have the right to withdraw your consent at any time without affecting the lawfulness of processing based on such consent before the consent is withdrawn.

7. Your rights in relation to the processing of Personal Data and choices

You may have choices regarding our collection, use and disclosure of your Personal Data:

7.1. Opting out of receiving electronic communications from us

If you no longer want to receive marketing-related emails from us, you may opt-out via the unsubscribe link included in such emails. We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt-out of receiving marketing-related emails from us, Brands may still send you messages and direct us to send you messages on their behalf.

7.2. Your data protection rights

Depending on your location and subject to applicable law, you may have the following rights described here with regard to the Personal Data we control about you:


  • The right to request confirmation of whether the Company processes Personal Data relating to you, and if so, to request a copy of that Personal Data;

  • The right to request that the Company rectifies or updates your Personal Data that is inaccurate, incomplete or outdated;

  • The right to request that the Company erase your Personal Data in certain circumstances provided by law;

  • The right to request that the Company restrict the use of your Personal Data in certain circumstances, such as while the Company considers another request that you have submitted (including a request that the Company make an update to your Personal Data);

  • The right to request that we export your Personal Data that we hold to another company, where technically feasible;

  • Where the processing of your Personal Data is based on your previously given consent, you have the right to withdraw your consent at any time; and/or

  • Where we process your information based on our legitimate interests, you may also have the right to object to the processing of your Personal Data. Unless we have compelling legitimate grounds or where it is needed for legal reasons, we will cease processing your information when you object.

7.3. Process for exercising your data protection rights

To exercise your data protection rights please contact us as described in this Policy.

8. Transfers of your Personal Data outside the EU or European Economic Area

We may transfer your Personal Data outside the European Union, the European Economic Area, UK, or Switzerland. This includes, but is not limited to, the United States of America.

9. Principles of data security and retention

We make reasonable efforts to provide a level of security appropriate to the risk associated with the processing of your Personal Data. We maintain organizational, technical and administrative measures designed to protect Personal Data covered by this Policy against unauthorized access, destruction, loss, alteration or misuse. Personal Data is only accessed by a limited number of personnel who need access to the information to perform their duties. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure.


To help us protect Personal Data, we encourage you to use a strong password and never share your password with anyone or use the same password with other sites or accounts. If you have reason to believe that your interaction with us is no longer secure (e.g. you feel that the security of your account has been compromised), please contact us immediately.


We retain your Personal Data as long as we are providing the Services to you or the Brands (as applicable) or for a period during which we reasonably anticipate providing the Services. Even after we stop providing Services directly to you or a Brand with which you are connecting, and even if you delete your Platform account or complete a transaction with a Brand, we retain your Personal Data in order to comply with our legal and regulatory obligations. In cases where we keep Personal Data, we do so in accordance with any limitation periods and records retention obligations that are imposed by applicable law.

10. Links to third party websites

Our website includes links to other websites whose privacy practices may differ from those of Seamm. If you submit personal information to any of those websites, your information is governed by their privacy statements. We encourage you to carefully read the privacy statement of any website you visit.