11. Scope

·This Privacy Policy describes how we handle your personal information for our Service on the Gumroad websites, tools, and mobile applications. It applies generally to information collected on the Gumroad.com website, mobile application and content (collectively, the "Site" or "Sites") or though the use of our Service. Capitalized terms used in this Privacy Policy shall have the meaning set forth herein or in the User Agreement posted on the Site.

·If you established a Gumroad account before the "last revised" date above, this Privacy Policy is effective as of August 15th, 2018. For all other individuals, the Privacy Notice is effective immediately.

22. Types of Data We Collect

·We may collect and store the following Personal Data:

·Information You Provide to Us.

• ·Contact information, such as name, user ID, e-mail address, and phone number
• ·Information necessary for us to remit payments to sellers, such as financial account transactional information based on your activities on the Site as a seller (such as item and content you generate or that relates to your account); community discussions, chats, dispute resolution, correspondence through our Site, and correspondence sent to us
• ·Marketing information, such your preferences for receiving marketing communications and details about how you engage with marketing communications
• ·Other personal information you choose to submit to us

·Information We Collect About Buyers From or on Behalf of Our Sellers.

• ·We may collect information about buyers from or on behalf of our sellers. The sellers determine the scope of the information we collect on their behalf, that they transfer to us, or that we otherwise collect, and the information we receive may vary by seller.
• ·Transactional information based on your activities on the Site as a buyer (such as item and content you purchase)
• ·Payment information, such as credit card number
• ·Your contact information (such as your name, user ID, email-address, and shipping, billing and other information you provide to purchase an item or receive delivery of an item)
• ·Other personal information that our sellers may provide about you

·Information Automatically Collected.

• ·Your computer or mobile device operating system type and version number, manufacturer and model, device identifier (such as the Google Advertising ID or Apple ID for Advertising), browser type, screen resolution, IP address, the website you visited before browsing to our Site, general location information such as city, state or geographic area; and information about your use of and actions on our Sites, such as pages you viewed, how long you spent on a page, navigation paths between pages, information about your activity on a page, access times, and length of access. Our service providers and business partners may collect this type of information over time and across third-party websites. This information is collected using cookies and similar technologies. Please refer to the Cookies and Similar Technologies section for more details.

·Social Media Networks and other Third Party Platforms.

• ·We may offer single sign-on services that allow you to use third party login credentials to sign into Service. With your permission, Gumroad may also collect profile information contained in your third-party profile. Gumroad may also, for your use, enable you to import information about who you are connected to, as well as enable you to share information with those third-party sites. If you wish to discontinue such sharing, please refer to the settings on the third-party service or your preference page on Gumroad.
• ·We may also maintain pages for our company and our products on a variety of third-party platforms, such as Facebook, Twitter, Google+, YouTube, Instagram, and other social networking services. When you interact with our pages on those third-party platforms, the third-party's privacy policy will govern your interactions on the relevant platform. If the third party platform provides us with information about our pages on those platforms or your interactions with them, we will treat that information in accordance with this Privacy Policy.

·Sensitive Personal Information.

• ·If you send or disclose any sensitive personal information to us when you use the Services, you must consent to our processing and use of such sensitive personal information in accordance with this Privacy Policy. If you do not consent to our processing and use of such sensitive personal information, you must not submit such sensitive personal information through our Sites.

33. Cookies and Similar Technologies

·What are cookies?

·Cookies are small data files stored on your computer or mobile device by a website. Our Sites may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer or mobile device until you delete them) to provide you with a more personal and interactive experience on our Site.

·We use two broad categories of cookies: (1) first party cookies, served directly by us to your computer or mobile device, which we use to recognize your computer or mobile device when it revisits our Sites; and (2) third party cookies, which are served by service providers or business partners on our Sites, and can be used by such service providers or business partners to recognise your computer or mobile device when it visits other websites.

·Cookies we use

·Our Site uses the following types of cookies for the purposes set out below:

• ·Essential Cookies - These cookies are essential to provide you with services available through our Site and to enable you to use some of its features. Without these cookies, the services that you have asked for cannot be provided, and we only use these cookies to provide you with those services.
• ·Functionality Cookies - These cookies allow our Sites to remember choices you make when you use our Sites. The purpose of these cookies is to provide you with a more personal experience and to avoid you having to re-select your preferences every time you visit our Site.
• ·Analytics and Performance Cookies - These cookies collect information about traffic to our Sites and about how individuals use our Sites. The information gathered may include the types of information described above in the section titled "Information automatically collected." We use this information to help operate our Site more efficiently, to gather broad demographic information, monitor the level of activity on our Site, and improve the Site. We use Google Analytics, Optimizely, and New Relic for this purpose. These parties use their own cookies. You can find out more information about Google Analytics cookies here: https://developers.google.com/analytics/resources/concepts/gaConceptsCookies, and about how Google protects your data here: www.google.com/analytics/learn/privacy.html. You can prevent the use of Google Analytics relating to your use of our Site by downloading and installing the browser plugin available here: tools.google.com/dlpage/gaoptout?hl=en-GB. You can find out more about New Relic's services here: https://newrelic.com/, and its privacy practices here: https://newrelic.com/termsandconditions/privacy.
• ·Social Media Cookies - These cookies are used when you share information using a social media sharing button or "like" (or similar) button on our Site or you link your account or engage with our content on or through a social networking website such as Facebook or Twitter. The social network will record that you have done this. Social networks use their own cookies.
• ·Targeted and advertising cookies - These cookies track your browsing habits to enable us and third-party advertising networks to deliver ads that may be of interest to you. These cookies use information about your browsing history to group you with other users who have similar interests or browsing behavior. Based on the cookies that the third-party advertising network sets on our Site and other sites, advertisers can display advertisements that may be relevant to your interests on our Site and while you are on third party websites. You can choose to disable cookies, as described below, or to opt out of the use of your browsing behaviour for purposes of targeted advertising. For opt out instructions, please review the "Targeted online advertising" portion of the "Your Choices" section of this Privacy Policy.

·Disabling cookies

·You can typically remove or reject cookies via your browser settings. In order to do this, follow the instructions provided by your browser (usually located within the "settings," "help" "tools" or "edit" menus). Many browsers are set to accept cookies until you change your settings.

·For further information about cookies, including how to see what cookies have been set on your computer or mobile device and how to manage and delete them, visit www.allaboutcookies.org.

·If you do not accept our cookies, you may experience some inconvenience in your use of our Site. For example, we may not be able to recognize your computer or mobile device and you may need to log in every time you visit our Site.

·Other technologies

·In addition to cookies, our Sites may use other technologies, such as Flash technology, pixel tags, and software development kits (or SDKs) to collect information automatically.

·Flash technology

·We may use Flash cookies (which are also known as Flash Local Shared Object ("LSOs")) on our Site to collect and store information about your use of our Site. Unlike other cookies, Flash cookies cannot be removed or rejected via your browser settings. If you do not want Flash cookies stored on your computer or mobile device, you can adjust the settings of your Flash player to block Flash LSO storage using the tools contained in the Website Storage Settings Panel at this website. You can also control Flash LSOs by going to the Global Storage Settings Panel at this website and following the instructions. Please note that setting the Flash Player to restrict or limit acceptance of Flash LSOs may reduce or impede the functionality of some Flash applications, including, potentially, Flash applications used in connection with our Site.

·Pixel tags

·We may also use pixel tags (which are also known as web beacons and clear GIFs) on our Site and in our HTML formatted emails to track the actions of users on our Site and interactions with our emails. Unlike cookies, which are stored on the hard drive of your computer or mobile device by a website, pixel tags are embedded invisibly on webpages or within HTML formatted emails. Pixel tags are used to demonstrate that a webpage was accessed or that certain content was viewed, typically to measure the success of our marketing campaigns or engagement with our emails and to compile statistics about usage of the Site, so that we can manage our content more effectively.

·Software Development Kits

·Our mobile applications may use software development kits ("SDKs") provided by third parties. SDKs enable us to provide features and functionality developed by third-party developers, including to provide us with analytics, social media integration, and advertising. The SDKs we use may enable third parties to collect information about the users of our mobile applications. The types of SDKs we use include:

• ·Analytics SDKs - These SDKs are used to collect information about use of our mobile applications. The information gathered may include the types of information described above in the section titled "Information automatically collected." We use this information to help operate our mobile applications more efficiently, to gather broad demographic information, monitor the level of activity on and within the application, diagnose errors, and improve the mobile application.
• ·Social Media SDKs - These SDKs help you to interact with social networks you are signed into while using our mobile application, such as by sharing content with the social network and other features you use with the social network. Social networks may also work with our apps for analytics or advertising purposes, as discussed above.
• ·Advertising SDKs - These SDKs allow our advertising partners to collect information about your devices, and how you use our mobile application and other sites and applications over time; and to use this information to show you ads of potential interest and measure how the ads perform. These third parties' collection, use, and sharing of your personal information is subject to their own privacy policies. You may be able to control or limit use of certain information collected through advertising SDKs for purposes of targeted advertising. For additional information, please review the "Targeted online advertising" portion of the "Your Choices" section of this Privacy Policy.

·We maintain a list of SDKs used in our App here: http://help.gumroad.com/326594-what-sdks-are-used-in-your-mobile-applications.

44. Use of Your Personal Data

·To provide our Sites and Services.

• ·facilitate the creation of and secure your account on our network;
• ·identify you as a User in the system;
• ·send you a welcome e-mail to verify ownership of the e-mail address provided when your account was created;
• ·respond to your inquiries related to employment opportunities or other requests;
• ·provide the Service and customer support you request;
• ·resolve disputes, collect fees, and troubleshoot problems;
• ·prevent, detect, and investigate potentially prohibited or illegal activities, and enforce our User Agreement;
• ·customize, measure and improve our Service and content;
• ·tell you about our Service, service updates, and promotional offers based on your communication preferences;
• ·compare information for accuracy, and verify it with third parties;
• ·and other uses as described when we collect the information.

·To communicate with you

·If you request information from us (such as signing up for our newsletter), register on the Sites, or participate in our contests or promotions, we may send you Gumroad-related marketing communications as permitted by law. You will have the ability to opt out of such communications.

·Use of Personal Data About Buyers on Behalf of Our Sellers.

·We use personal information we collect about buyers from or on behalf of our sellers to provide services only as directed or authorized by the seller. We do not use this information for our own purposes. Typically, our clients direct or authorize us to use personal information collected on their behalf to enable ecommerce and payments functionality on our clients' websites, to manage the delivery of electronic goods, and to deliver communications from the sellers to their buyers.

·To comply with law.

• ·We use your personal information as we believe necessary or appropriate to comply with applicable laws, lawful requests and legal process, such as to respond to subpoenas or requests from government authorities.
• ·For compliance, fraud prevention and safety
• ·We use your personal information as we believe necessary or appropriate to (a) enforce the terms and conditions that govern the Sites; (b) protect our rights, privacy, safety or property, and/or that of you or others; and (c) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity.

·With your consent.

• ·We will request your consent to use your personal information where required by law, such as where we would like to send you certain marketing messages. If we request your consent to use your personal information, you have the right to withdraw your consent any time in the manner indicated when we requested the consent or by contacting us. If you have consented to receive marketing communications from our third party partners, you may withdraw your consent by contacting those partners directly.

·To create anonymous data.

• ·We may create Anonymous Data records from Personal Data by excluding information that make the data personally identifiable to you. We use this Anonymous Data to analyze request and usage patterns so that we may enhance the content of our Service and improve site navigation. We reserve the right to use Anonymous Data for any purpose and disclose Anonymous Data to third parties in our sole discretion.

55. Our Disclosure of Your Personal Data

·We may disclose Personal Data to respond to legal requirements, enforce our policies, respond to claims that a listing or other content violates the rights of others, or protect anyone's rights, property, or safety. Such information will be disclosed in accordance with applicable laws and regulations.

·We may also share your Personal Data with:

• ·Service providers under contract who help with our business operations (such as fraud investigations, bill collection, affiliate and rewards programs).
• ·Our subsidiaries and corporate affiliates for purposes consistent with this Privacy Policy.
• ·Our sellers, when you make a purchase with them using our Services.
• ·Other third parties to whom you explicitly ask us to send your information (or about whom you are otherwise explicitly notified and consent to when using a specific service).
• ·A third party payments processor to process payments made to us. Currently, we use Stripe to process our payments. Stripe may use personal information it collects when processing our payments as directed by us and for certain additional purposes. The information that Stripe obtains in connection with processing our payments is subject to Stripe's Privacy Policy.
• ·Third-party artificial intelligence service providers that power AI features in certain of our applications (such as the store agent). When you use these features, we send your messages and relevant store records retrieved by the feature with your account permissions - which can include product, sales, customer, and payout information - to these providers to answer questions and prepare proposed changes. We may share this information with OpenAI, Anthropic, Vercel, and OpenRouter to provide these features. These providers process this data under contract solely to provide the feature to you and are required to provide the same or equal level of protection for your data as described in this Privacy Policy. See the "AI Service Providers" section below for details.
• ·Professional advisors, such as lawyers, bankers, auditors and insurers, where necessary in the course of the professional services that they render to us.
• ·Law enforcement, governmental agencies, or authorized third-parties, in response to a verified request relating to a criminal investigation or alleged illegal activity or any other activity that may expose us, you, or any other Gumroad User to legal liability. In such events, we will disclose information relevant to the investigation, such as name, city, state, ZIP code, telephone number, e-mail address, User ID history, IP address, fraud complaints, bidding and listing history, and anything else we may deem relevant to the investigation.
• ·Other business entities with which we perform a business transaction (or potential business transaction), such as a merger, consolidation, or acquisition, in which case we will make reasonable efforts to require that the recipient follow this Privacy Policy with respect to your Personal Data. In the event of an insolvency, bankruptcy or receivership, your Personal Data may also be transferred as a business asset.

66. Account Protection

·Your password is the key to your account. Use unique numbers, letters and special characters, and do not disclose your Gumroad password to anyone. If you do share your password or your Personal Data with others, remember that you are responsible for all actions taken in the name of your account. If you lose control of your password, you may lose substantial control over your Personal Data and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately notify Gumroad and change your password.

77. Your Choices

·Accessing, Reviewing and Changing Your Personal Data

·You may change any of your Personal Data in your account by editing your profile within your account or by sending an e-mail to us at the e-mail address set forth below. You may request deletion of your Personal Data by us, but please note that we may be required to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). Upon your request, we will close your account and remove your Personal Data from view as soon as reasonably possible, based on your account activity and in accordance with applicable law. We do retain Personal Data from closed accounts to comply with law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our User Agreement, and take other actions otherwise permitted by law.

·Marketing communications

·You may opt out of marketing-related emails by clicking on a link at the bottom of our marketing emails, or by contacting us at support@gumroad.com. You may continue to receive service-related and other non-marketing emails.

·Targeted online advertising

·Some of the business partners that collect information about users' activities on our Sites may be members of organizations or programs that provide choices to individuals regarding the use of their browsing behavior or mobile application usage for purposes of targeted advertising.

·Users may opt out of receiving targeted advertising on websites through members of the Network Advertising Initiative, or the Digital Advertising Alliance. European users may opt out of receiving targeted advertising on websites through members of the European Interactive Digital Advertising Alliance, selecting the user's country, and then clicking "Choices" (or similarly-titled link). Mobile app users may opt out of receiving targeted advertising in mobile apps through participating members of the Digital Advertising Alliance by installing the AppChoices mobile app, and selecting the user's choices. Please note that we also may work with companies that offer their own opt-out mechanisms and may not participate in the opt-out mechanisms that we linked above.

·If you choose to opt-out of targeted advertisements, you will still see advertisements online but they may not be relevant to you. Even if you do choose to opt out, not all companies that serve online behavioural advertising are included in this list, and so you may still receive some cookies and tailored advertisements from companies that are not listed.

·In addition, your mobile device settings may provide to limit our, or our partners', ability to engage in ad tracking or targeted advertising using the Google Advertising ID or Apple ID for Advertising associated with your mobile device.

·Do Not Track Signals

·Some Internet browsers may be configured to send "Do Not Track" signals to the online services that you visit. We currently do not currently respond to do not track signals. To find out more about "Do Not Track," please visit http://www.allaboutdnt.com.

·Choosing not to share your personal information

·Where we are required by law to collect your personal information, or where we need your personal information in order to provide our services to you, if you do not provide this information when requested (or you later ask to delete it), we may not be able to provide you with our services. We will tell you what information you must provide to receive the services by designating it as required in or on the Sites or through other appropriate means.

88. Security

·Your information is stored on our servers located in the United States. We use a variety of security technologies and procedures to help protect your Personal Data from unauthorized access, use or disclosure. However, as you probably know, third parties may unlawfully intercept or access transmissions or private communications, and other Users may abuse or misuse your Personal Data that they collect from the Site. Therefore, we do not promise, and you should not expect, that your Personal Data or private communications will always remain private.

99. International Transfers

·Gumroad is headquartered in the United States and has service providers in other countries, and your personal information may be transferred to the United States or other locations outside of your state, province, country or other governmental jurisdiction where privacy laws may not be as protective as those in your jurisdiction.

·European Union users should read the important information provided here about transfer of personal information outside of the European Economic Area: https://www.dataprivacymonitor.com/cybersecurity/cross-border-data-transfers-cutting-through-the-complexity/.

1010. Third Parties

·Except as otherwise expressly included in this Privacy Policy, this document addresses only the use and disclosure of information we collect from you. If you disclose your information to others, whether they are bidders, buyers or sellers on our Site or other sites throughout the Internet, different rules may apply to their use or disclosure of the information you disclose to them. Gumroad does not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. We encourage you to ask questions before you disclose your Personal Data to others.

1111. Changes to this Privacy Policy

·We reserve the right to modify this Privacy Policy at any time. We encourage you to periodically review this page for the latest information on our privacy practices. If we make material changes to this Privacy Policy, we will notify you by updating the date of this Privacy Policy and posting it on the Sites and in the app stores where our mobile applications are available for download. We may (and, where required by law, will) also provide notification of changes in another way that we believe is reasonably likely to reach you, such as via e-mail (if you have an account where we have your contact information) or another manner through the Sites.

·Any modifications to this Privacy Policy will be effective upon our posting of the new terms and/or upon implementation of the new changes on the Sites (or as otherwise indicated at the time of posting). In all cases, your continued use of the Sites after the posting of any modified Privacy Policy indicates your acceptance of the terms of the modified Privacy Policy.

1212. Google User Data

·We take the privacy and security of Google user data seriously and adhere to Google's API Services User Data Policy. This section outlines how we handle data obtained through Google APIs:

• ·Limited Use - We only use Google user data to provide and improve the core functionality of our application. We do not use this data for any other purposes.
• ·Data Access - Google user data is accessed solely to deliver the features prominently displayed in our app's user interface. We do not access or use this data for any hidden or undisclosed purposes.
• ·Data Sharing - We do not transfer or sell Google user data to third parties, including advertising platforms, data brokers, or information resellers. The only exceptions to this are:
• ·a) When necessary to provide or improve our app's core features, and only with explicit user consent
• ·b) For security purposes (e.g., investigating potential abuse)
• ·c) To comply with applicable laws
• ·d) In the event of a merger, acquisition, or sale of assets, after obtaining explicit prior consent from users
• ·Data Processing - Our employees, agents, and contractors are prohibited from reading Google user data, except in the following limited circumstances:
• ·a) When we have obtained the user's affirmative agreement to view specific data
• ·b) When necessary for security purposes
• ·c) When required to comply with applicable laws
• ·Prohibited Uses - We do not use Google user data for:
• ·a) Serving advertisements, including retargeting, personalized, or interest-based advertising
• ·b) Determining creditworthiness or for lending purposes
• ·c) Any purposes not explicitly disclosed in this privacy policy
• ·Data Retention - We retain Google user data only for as long as necessary to provide our services. Users can request deletion of their Google data from our systems at any time.
• ·Security - We employ industry-standard security measures to protect Google user data from unauthorized access, alteration, or destruction.
• ·User Control - Users can revoke our access to their Google data at any time through their Google Account settings or by contacting us directly.
• ·Updates - We will keep this section of our privacy policy up-to-date and notify users of any changes in how we handle Google user data.

·By using our application and granting access to your Google data, you consent to these practices.

1313. AI Service Providers

·Some of our applications use third-party artificial intelligence services to provide their core features. This section describes what data those features collect, how they collect it, how it is used, and the third parties it is shared with.

• ·What we collect - When you use an AI-powered feature, we process your messages, the store records that the feature retrieves with your account permissions, and the responses and proposed changes generated from them. Depending on your request, these records can include product, sales, customer, and payout information.
• ·How we collect it - We receive your messages when you start or continue an AI-powered session in the product. During the session, the feature can use tools to retrieve relevant store records with your account permissions.
• ·How we use it - We use this data solely to provide the feature to you: to answer questions, generate or edit content, and prepare proposed changes for you to review and confirm. We do not use this data for advertising or to train our own models.
• ·Who we share it with - To provide these features, we may send relevant messages and store records to OpenAI, Anthropic, Vercel, and OpenRouter. Vercel and OpenRouter use third-party providers to run AI models and process requests. Each provider processes this data under contract solely to provide the service to us and is contractually required to provide the same or equal level of protection for your data as set out in this Privacy Policy. See the linked privacy notices for more information about these companies' privacy practices.
• ·Your consent and control - You can stop using these features at any time. You may request deletion of your data by contacting us at support@gumroad.com.
• ·Retention - We retain this data only for as long as necessary to provide the feature to you and to meet any legal, accounting, or reporting requirements, after which it is deleted or anonymized. This applies to all users regardless of location. (EU users: see also the Retention provisions in Section 15.)

1414. Contact Us

·If you have any questions or concerns at all about our Privacy Policy, please feel free to email us at support@gumroad.com.

1515. Additional Information for European Union Users

·Personal information

·References to "personal information" in this Privacy Policy are equivalent to "personal data" governed by European data protection legislation.

·Controller

·For purposes of European data protection legislation, Gumroad, Inc. is the controller of personal information that we collect for our own business purposes. See the Contact Us section above for contact details.

·Gumroad acts as a processor to sellers through the Services, as described throughout this Privacy Policy. When we act as a processor to a seller, the relevant seller is the data controller of your personal information processed in connection with the sale or delivery of goods to you.

·Legal bases for processing

·We use your personal information only as permitted by law. We are required to inform you of the legal bases of our processing of your personal information, which are described in the table below. If you have questions about the legal basis of how we process your personal information, contact us at support@gumroad.com.

• ·To provide our Sites and Services - Processing is necessary to perform the contract governing our provision of the Services or to take steps that you request prior to signing up for the Services.
• ·To communicate with you, To create anonymous data, For compliance, fraud prevention and safety - These processing activities constitute our legitimate interests. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal information for our legitimate interests. We do not use your personal information for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).
• ·To comply with law - Processing is necessary to comply with our legal obligations
• ·With your consent - Processing is based on your consent. Where we rely on your consent you have the right to withdraw it anytime in the manner indicated in the Service or by contacting us at support@gumroad.com.
• ·To provide AI-powered features - Where we send content you provide to third-party AI providers (OpenAI, Anthropic, Vercel, and OpenRouter) to deliver these features, we rely on your consent and, to the extent this processing is also necessary to perform the contract governing our provision of the Services, that basis additionally applies. You may stop using these features at any time or contact us at support@gumroad.com.
• ·Use of Personal Data on Behalf of Our Sellers - We use personal data to comply with the instructions of the data controller, our sellers and, to the extent necessary, to perform the contract governing our provision of the Services or to take steps that you request prior to signing up for the Services.

·Use for new purposes

·When we act as a data controller, we may use your personal information for reasons not described in this Privacy Policy where permitted by law and the reason is compatible with the purpose for which we collected it. If we need to use your personal information for an unrelated purpose, we will notify you and explain the applicable legal basis.

·Retention

·We will only retain your personal information for as long as necessary to fulfill the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements.

·To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.

·When we no longer require the personal information we have otherwise collected about you, we will dissociate such information from the information attached to your content. In some circumstances we may anonymize your personal information (so that it can no longer be associated with you), in which case we may use this information indefinitely without further notice to you.

·Your rights

·European data protection laws give European Union users certain rights regarding their personal information. If you are located within the European Union, you may ask us to take the following actions in relation to your personal information that we hold in the capacity of a data controller:

• ·Opt-out - Stop sending you direct marketing communications. You may continue to receive service-related and other non-marketing emails
• ·Access - Provide you with information about our processing of your personal information and give you access to your personal information
• ·Correct - Update or correct inaccuracies in your personal information
• ·Delete - Delete your personal information
• ·Transfer - Transfer a machine-readable copy of your personal information to you or a third party of your choice
• ·Restrict - Restrict the processing of your personal information
• ·Object - Object to our reliance on our legitimate interests as the basis of our processing of your personal information

·You can submit these requests by email to support@gumroad.com or our postal address provided above. We may request specific information from you to help us confirm your identity and process your request. Applicable law may require or permit us to decline your request. If we decline your request, we will tell you why, subject to legal restrictions. If you would like to submit a complaint about our use of your personal information or response to your requests regarding your personal information, you may contact us as described above or submit a complaint to the data protection regulator in your jurisdiction. You can find your data protection regulator here.

·To the extent we act as a processor on behalf of a seller, individuals should contact the relevant seller to exercise the rights and choices described in this section. Our Data Processing Addendum describes the terms that apply to that processing.

·Cross-Border Data Transfer

·Whenever we transfer your personal information out of the EEA, we will make sure the transfer is based on one of the following:

• ·An adequacy decision by the European Commission covering the recipient country or framework
• ·Standard contractual clauses adopted by the European Commission The recipient's Binding Corporate Rules
• ·The explicit consent of the individual to whom the personal information pertains
• ·Another transfer mechanism permitted under applicable EEA requirements.

·For transfers of personal information from the EEA to the United States, we rely on standard contractual clauses adopted by the European Commission.

·A current list of the subprocessors we use to provide our services is available at gumroad.com/help/article/110-gumroads-subprocessors.

·Please contact us if you want further information on the specific mechanism used by us when transferring your personal information out of the EEA.

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·C Gumroad, Inc.

·This Data Processing Addendum ("DPA") forms part of the Gumroad Terms of Service (the "Agreement") between Gumroad, Inc. ("Gumroad") and the seller using the Services (the "Seller"), and applies to the extent Gumroad processes personal data on behalf of the Seller and that processing is subject to the EU General Data Protection Regulation (EU) 2016/679 ("GDPR"), the GDPR as incorporated into United Kingdom law (the "UK GDPR"), or other applicable data protection laws that require these terms ("Data Protection Laws").

·This DPA is incorporated into the Agreement by reference and takes effect automatically for Sellers within its scope. No signature is required. If you require a countersigned copy for your records, contact us at support@gumroad.com.

11. Roles of the Parties

·Gumroad acts as a processor on behalf of the Seller when it hosts, stores, and delivers the Seller's products and content to buyers and stores buyer information (such as names, email addresses, and shipping details) that the Seller collects through the Services for the Seller's own purposes, such as audience management, email updates, and workflows. In respect of that processing, the Seller is the controller and Gumroad processes the personal data described in Section 3 ("Seller Data") only in accordance with this DPA.

·Gumroad acts as an independent controller when it processes personal data for its own purposes, including processing payments and payouts as merchant of record, fraud prevention and risk management, tax collection and reporting, compliance with its own legal obligations, and operating, securing, and improving the Services. Processing carried out by Gumroad as a controller is described in the Privacy Policy and is not subject to this DPA.

22. Instructions

·Gumroad will process Seller Data only on the Seller's documented instructions, including with regard to transfers of personal data to a third country, unless required to do so by applicable law; in that case Gumroad will inform the Seller of the legal requirement before processing unless the law prohibits it. The Seller's instructions are: (a) the Agreement and this DPA; and (b) the Seller's configuration and use of the features of the Services. Gumroad will inform the Seller if, in its opinion, an instruction infringes Data Protection Laws.

33. Details of Processing

• ·Subject matter and duration - The provision of the Services to the Seller under the Agreement, for the term of the Agreement plus the deletion period in Section 9.
• ·Nature and purpose - Hosting, storage, and delivery of the Seller's products; collection and storage of buyer information on the Seller's behalf; sending the Seller's emails, updates, and workflows to the Seller's audience; and related support and analytics features of the Services.
• ·Categories of data subjects - Buyers, subscribers, followers, and other end users who interact with the Seller through the Services.
• ·Categories of personal data - Name, email address, shipping and billing address, country, purchase and subscription history, and any other personal data the Seller chooses to collect from its buyers through the Services. The Services are not intended for the processing of special categories of personal data on the Seller's behalf, and the Seller agrees not to submit such data.

44. Confidentiality

·Gumroad ensures that persons authorized to process Seller Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.

55. Security

·Taking into account the state of the art, the costs of implementation, and the nature, scope, context, and purposes of processing, as well as the risk to the rights and freedoms of natural persons, Gumroad implements appropriate technical and organizational measures to ensure a level of security appropriate to the risk, as required by Article 32 GDPR. These measures include encryption of data in transit, access controls and authentication requirements for personnel, logging and monitoring, and vendor security review. Information about how we protect accounts is available in the Privacy Policy.

66. Subprocessors

·The Seller provides a general authorization for Gumroad to engage subprocessors to process Seller Data in connection with the Services. Gumroad maintains a current list of its subprocessors, including their purpose and processing location, in the Gumroad's subprocessors help center article.

·Gumroad will update that list at least 30 days before adding or replacing a subprocessor. The Seller may object to a new subprocessor on reasonable, documented data protection grounds by contacting support@gumroad.com before the new subprocessor begins processing Seller Data; if the objection cannot be resolved, the Seller may terminate its account. Gumroad imposes data protection obligations on its subprocessors that are materially equivalent to those in this DPA and remains liable for their performance.

77. Assistance

·Taking into account the nature of the processing, Gumroad will assist the Seller by appropriate technical and organizational measures, insofar as this is possible, in fulfilling the Seller's obligation to respond to requests from data subjects exercising their rights under Data Protection Laws. The Services include features that allow the Seller to access, export, correct, and delete buyer information. If a data subject contacts Gumroad directly about processing carried out on the Seller's behalf, Gumroad will direct the data subject to the Seller.

·Gumroad will also assist the Seller, taking into account the nature of the processing and the information available to Gumroad, in ensuring compliance with the Seller's obligations regarding security of processing, notification of personal data breaches, data protection impact assessments, and prior consultation under Articles 32 to 36 GDPR.

88. Personal Data Breach

·Gumroad will notify the Seller without undue delay after becoming aware of a personal data breach affecting Seller Data, and will provide information reasonably available to Gumroad to assist the Seller in meeting its breach notification obligations under Data Protection Laws.

99. Deletion and Return

·Upon termination of the Agreement, or earlier at the Seller's choice through the export and deletion features of the Services, Gumroad will delete or return Seller Data, and delete existing copies, unless applicable law requires storage of the personal data. Gumroad retains data it processes as an independent controller (such as transaction records required for tax, accounting, and fraud prevention purposes) in accordance with the Privacy Policy.

1010. Audits

·Gumroad will make available to the Seller information reasonably necessary to demonstrate compliance with the obligations laid down in Article 28 GDPR, and will allow for and contribute to audits, including inspections, conducted by the Seller or an auditor mandated by the Seller. Gumroad may satisfy audit requests by providing documentation, summaries of third-party assessments, or written responses to reasonable information requests, and any on-site inspection requires reasonable prior notice, must not disrupt the Services, and is at the Seller's expense.

1111. International Transfers

·Gumroad is headquartered in the United States and processes Seller Data in the United States and in the locations listed for each subprocessor. For transfers of Seller Data from the European Economic Area, the United Kingdom, or Switzerland to countries not covered by an adequacy decision applicable to the recipient, the parties enter into the standard contractual clauses approved by the European Commission in Decision (EU) 2021/914 (the "SCCs"), which are incorporated into this DPA by reference as follows:

• ·Module Two (controller to processor) applies, with the Seller as data exporter and Gumroad as data importer
• ·Clause 7 (docking clause) is included; Clause 9 option 2 (general authorization) applies with the notice period in Section 6; Clause 11 optional language is not included; Clause 17 option 1 applies with Irish law governing; Clause 18 designates the courts of Ireland
• Annex IAnnex I is completed with the details in Sections 1 and 3 of this DPA, and the competent supervisory authority under Annex I.C is the supervisory authority of the EEA member state in which the Seller (as data exporter) is established; Annex II is completed with the measures described in Section 5; Annex III is the subprocessor list referenced in Section 6
• ·For transfers subject to the UK GDPR, the SCCs apply as amended by the UK International Data Transfer Addendum issued by the UK Information Commissioner, and for transfers subject to Swiss law, the SCCs apply with the adaptations required by the Swiss Federal Data Protection and Information Commissioner.

1212. General

·In the event of a conflict between this DPA and the Agreement, this DPA prevails to the extent of the conflict with respect to the processing of Seller Data. In the event of a conflict between this DPA and the SCCs, the SCCs prevail. Any claims under this DPA are subject to the limitations of liability in the Agreement. Gumroad may update this DPA from time to time to reflect changes in Data Protection Laws or the Services; material changes will be reflected in the "last revised" date above.

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·C Gumroad, Inc.