Privacy Policy

CARBONERA, INC.

PRIVACY POLICY UPDATED: MARCH 7, 2025

1. Scope and updates of this User Privacy Notice

This User Privacy Notice (“User Privacy Notice”) applies to your use of this website and all Carbonera applications, services (including payment services), products and tools (collectively the "Services") provided by Carbonera Inc. This User Privacy Notice applies regardless of how you access or use these Services, including access via mobile devices and apps. Any reference to “you”, “your” or “user” under this agreement applies to individuals and entities using our Services.

We may change this User Privacy Notice at any time by posting the revised User Privacy Notice on this website and indicating the effective date of the revised User Privacy Notice.

2. Controller

Carbonera, Inc. is responsible for the collection and processing of your personal data in connection with the provision of our Services.

3. What personal data we collect and process  

We collect your personal data when you use our Services, create a new Carbonera account, provide us with information via a web form, add or update information in your Carbonera account, participate in online community discussions or otherwise interact with us. 

We currently, or may in the future, collect the following personal data:

3.1 Personal data you provide when using our Services or creating a Carbonera account

• Data that identifies you, such as your name, address, telephone numbers, email addresses, or username.
• Additional identification data, such as, government-issued ID, social security number, date of birth, tax identification numbers (such as VAT identification number), business registration numbers, identification documents and information contained on IDs, security access codes or passwords, and other information (such as bank account number) that you provide when using our payment and other services as a seller.
• Data regarding bids, purchases, or sales that you provide in a transaction.
• Content that you share with other users through our messaging tools.
• Financial information (e.g., wiring information).
• You may provide us with additional information through a web form (e.g., registration form, feedback form, order form) or by updating or adding information to your Carbonera account, by participating in surveys, inquiries, dispute resolution, customer service calls recorded with your consent, or if you contact us for any other reason regarding our Services.
• Other data that we are required or entitled by applicable law to collect and process and that we need for your authentication or identification, or for the verification of the data we collect.

3.2 Personal data we collect automatically when you use our Services or create a Carbonera account

• Data that is generated as part of one of your transactions (e.g. as relating to bids, purchases, sales, fees) or that is linked to your Carbonera account as a result of a transaction in which you are involved, such as transaction amounts, time and location of transactions and form of payment or payout method.
• Data that is generated through your other actions when you use our Services and which is linked to your Carbonera account (e.g., Carbonera account numbers, searches, when you place credits on a watchlist, seek to use the services of third-party partners for payments or otherwise).
• Data regarding all other interactions with our Services, your advertising preferences, and your communications with us.

3.3 Personal data we collect in connection with the use of cookies and similar technologies

We use cookies and similar technologies to collect data in connection with our Services. We collect this data from the devices with which you use our Services. The data collected includes the following usage- and device-related information:

• Data about the pages you visit, the access time, frequency and duration of visits, the links on which you click and other actions you take as part of your use of our Services and in advertising and email content.
• Data about your activities and interactions with our advertising partners including data about the advertisements you were shown, how often they were shown, when and where they were shown, and whether you took any action, such as clicking on an advertisement or making a purchase.

3.4 Personal data from other sources

We also collect personal data about you from other sources and from third parties to the extent permitted by applicable law. In particular, this includes the following data:

• Data from public sources (e.g., public sanctions lists) or that is publicly available online.
• Data from credit agencies or bureaus (e.g., credit reports/checks, identity confirmation)
• Data from data providers (e.g., "Know Your Customer"/anti-money laundering verification).
• With regard to our payment services for sellers: data from government or other sources concerning any previous convictions of the respective seller, to the extent permitted by applicable law.
• We may combine or connect the personal data we collect from you with data from these other sources. Where personal data is disclosed to us by third parties, we take steps to ensure that these third parties are legally permitted to disclose your personal data to us. 

3.5 Social network data you share with us

We may allow you link your Carbonera account to a social network. These social networks may automatically provide us with access to certain personal data they have stored about you (e.g., content you have viewed or enjoyed, information about the advertisements you have been shown or clicked on, etc.). You can determine the personal data that we can access through the privacy settings of each social network.

We may also use plug-ins or other technologies from various social networks. If you click on a link displayed through a social network plug-in, you voluntarily connect to that social network.

4. Purposes and legal basis for data processing and categories of recipients

We process your personal data for various purposes and based on several different legal bases that allow this processing. For example, we process your personal data to provide and improve our Services, to provide you with a personalized user experience on this website, to contact you about your Carbonera account and our Services, to provide customer service, to provide you with personalized advertising and marketing communications, for validation purposes, and to detect, prevent, mitigate and investigate fraudulent or illegal activity. We may also share your information with third parties, including service providers acting on our behalf, for these purposes.

Below you will find a summary of the purposes for which we process your personal data, including the categories of recipients to whom we transmit personal data for the purposes stated, sorted by our legal basis for this processing or sharing:

4.1 We process your personal data in order to fulfill our contract with you and to provide you with our Services as well as for the execution of the transaction between seller and buyer. This includes the following purposes:

• Processing of data relating to you or your company for the purpose of entering into a contract with you and executing it.
• Provision of our Services, including but not limited to enabling and performing transactions with other users (including the display and transmission of your personal data to other users where necessary to perform the transaction), displaying your transaction and feedback history to you, providing and enhancing features such as payment processing, ratings, authentication services and Carbonera account management, providing other services you may use (as described in connection with such services), and ensuring the functionality of our Services. 
• Providing general customer support including the solution of problems with your Carbonera account, arbitration of disputes, providing other services within the scope of customer service as well as enforcement of fee claims. For these purposes, we may contact you via notification through email, telephone, SMS, push notification on your mobile device or by mail. If we contact you by telephone, in order to ensure efficiency, we may use automatically dialed calls with tape announcements or automated text messages in accordance with our User Agreement to the extent permitted by applicable law.
• Publication and promotion of your listings and related content on the websites or in the applications, services and tools of  cooperating third-party operators of websites, applications, services and tools. When we share the content of your listings and any related personal data with third parties, we do so only on the basis of an agreement that limits the use of such personal data by the third party to the purposes necessary to fulfill its contractual obligations to us. Third-party providers are contractually obliged to take appropriate security measures with regard to this data. Third-party providers are strictly forbidden to pass on personal data contained in your listings to other third parties. 

Where necessary, we transmit your personal data to processors and the following recipients for one or several of the purposes described above:

• Other Carbonera users.
• External service providers and authentication partners.
• Government agencies or public authorities (including customs and tax authorities).
• Payment service providers.
• External operators of websites, applications, services and tools.

4.2 We process your personal data in order to comply with legal obligations to which we are subject. This includes the following purposes:

• Participation in investigations and proceedings (including judicial proceedings) conducted by public authorities or government agencies, in particular, for the purpose of detecting, investigating and prosecuting illegal acts.
• Prevention, detection and mitigation (including compliance with reporting requirements) of illegal activities (e.g. fraud, money laundering, terrorist financing, child abuse and violations of sanctions legislation).
• Complying with information requests from third parties based on any statutory information rights they have against us (e.g. in the event of an intellectual property infringement, product piracy, or other unlawful activity).
• Complying with information collection, verification, disclosure, reporting and other requirements under consumer protection, anti-fraud, online platform and tax legislation.
• Complying with data access requirements under payment services legislation (e.g. under the EU Payment Services Directive) as a provider of payment services.
• Ensuring the security of our Services.
• Retention and storage of your personal data to comply with specific legal retention requirements.

Where necessary, we transmit your personal data to processors and the following recipients for one or several of the purposes described above.

• Law enforcement agencies, courts, government agencies or public authorities (including tax and financial authorities), intergovernmental or supranational bodies.
• Third-party service providers.
• Third parties who are involved in judicial proceedings, in particular, if they submit a legal order, court order or equivalent legal order to us.
• Credit agencies, bureaus, or associations, if required by applicable law (e.g., information on payment delays, payment defaults or other irregularities that may be relevant to your credit report).
• Other Carbonera users.

4.3 We process your personal data in order to protect your vital interests or the vital interests of another natural person. This includes the following purposes:

• Prevention, detection, mitigation and investigation of unlawful activities that may result in impairment of your vital interests or the vital interests of another natural person, unless there is a statutory obligation to this effect.

Where necessary, we transmit your personal data to processors and the following recipients for one or several of the purposes described above.

• Law enforcement agencies, courts, government agencies or public authorities, intergovernmental or supranational bodies.
• Third parties who are involved in judicial proceedings.
• External service providers.

4.4 We process your personal data where necessary for the purposes of the legitimate interests pursued by us or by a third party, except where such interests are overridden by your interests or fundamental rights and freedoms. In order to reconcile our legitimate interests with your rights, we have introduced appropriate control mechanisms. On this basis, we process your data for the following purposes:

• Participation in investigations and proceedings (including judicial proceedings) conducted by courts, law enforcement agencies, government agencies or public authorities, intergovernmental or supranational bodies, in particular for the purpose of detecting, investigating and prosecuting illegal acts, unless there is a statutory obligation to this effect, and we may legitimately assume that the disclosure of the data is necessary to avert imminent disadvantages or to report a suspicion of an illegal act. In such cases, we will only disclose what we believe is necessary, and to the extent permitted by applicable laws, such as your name, city, zip code, telephone number, email address, (previous) usernames, IP address, fraud complaints, bidding and listing history.
• Protection of the legitimate interests of third parties) in connection with civil law disputes, including the investigation of such disputes, unless there is a statutory obligation to this effect, if we may legitimately assume that it is necessary to disclose the data to such third parties in order to avert imminent disadvantages. In such cases, we will only disclose what we believe is necessary, and to the extent permitted by applicable laws, such as the seller's name, address, city, zip code, country, telephone number, email address and company name to the third party and bind the third party by a worldwide non-disclosure agreement to treat the data as confidential.
• Prevention, detection, mitigation and investigation of fraud, financial crimes and harms, violation of international sanctions legislation, security incidents and other prohibited or unlawful activities, including the assessment of corresponding risks (e.g., through the use of captchas, a port enumeration technology to identify user sessions using remote desktop tools, metadata or the telephone number stored in your Carbonera account for risk assessments and two-factor authentication) and the implementation of corresponding measures (e.g., disabling certain forms of payment based upon the risk associated with the underlying transaction), unless there is a statutory obligation to this effect.
• Verifying that reports submitted to Carbonera (incl. unnamed reports) are not fraudulent or malicious.
• Monitoring and improvement of the security of our Services, unless there is a statutory obligation to this effect.
• Performance of identity checks, creditworthiness and other financial standing checks, evaluation of applications and comparison of information for accuracy and verification purposes.
• Automatic filtering and, where necessary, manual review of messages sent through our messaging tools (including chat messages and emails sent to Carbonera alias email addresses) to prevent fraudulent or suspicious activity or violations of our User Agreement or other rules and policies, including enforcing the prohibition of purchases and sales outside of Carbonera.
• Provision of functions for users that make the processing of transactions easier or more convenient (e.g., administration of several delivery addresses, updating stored payment information from time to time based on information provided by your bank or other payment services providers) or provide users with more information about their transactions.
• Analysis and improvement of the Services e.g., by reviewing site usage data or information from users about blocked or crashed pages in order to identify and solve problems and to provide you with an improved user experience, including as part of product development.
• Analysis of telephone conversations with our customer service that we recorded with your consent.
• Advertisements by mail.
• To the extent permitted by applicable law without your consent, communications with you via electronic mail (e.g., email or text message) or telephone to offer you vouchers, discounts and special offers, to conduct opinion polls and surveys, and to inform you about our Services. If you no longer wish to receive marketing emails from us, you can unsubscribe by clicking on the link in the footer of the email you received. For technical reasons, the implementation may take a few days.
• Advertising and content personalization, measurement and analytics, on and off our sites.
• Customization of page content to display the credits you may like based on the actions you take.
• Evaluation of the quality and success of our email marketing campaigns (e.g., through analysis of opening and click rates).
• Offering or facilitating the offering of partner and bonus programs and other co-branded marketing efforts to the extent permitted by applicable law.
• Provision of shared content and services (such as registration for services, transaction processing and customer service) with cooperating payment service providers.
• Initiation, preparation and execution of a company acquisition, e.g., in the event of a merger with another company or takeover by another company. If such an event occurs, we will require the merged entity to comply with this User Privacy Notice with respect to your personal data. Should your personal data be processed for any purpose not specified in this User Privacy Notice, you will be informed in advance of the processing of your data for this new purpose.
• Assertion of or defense against legal claims, including those asserted by one Carbonera user against another Carbonera user.
• Enabling Carbonera to comply with legal obligations it is subject to, including information collection, verification, disclosure, reporting and other requirements under consumer protection, anti-fraud, online platform and tax legislation.
• To comply with an impending legal obligation.
• For users in the United States: investigating and communicating the outcome of disputes with the affected users (e.g., sharing information about Carbonera's investigation of a complaint of a user's violation of a policy with the reporting user).

Where necessary, we transmit your personal data to processors and the following recipients for one or several of the purposes described above:

• External service providers.
• Other Carbonera users.
• Law enforcement agencies, courts, government agencies or public authorities, intergovernmental or supranational bodies.
• Third parties who are involved in judicial proceedings.
• Third parties in the event of an investigation for fraud, intellectual property infringement, retail crime, stolen goods, product piracy or other unlawful activity.
• Payment service providers.
• Third-party partners in furtherance of offering commercial financing opportunities.
• Credit agencies or bureaus, data verification services, risk assessment vendors and collections agencies (e.g., information about payment delays, payment defaults, or other irregularities that may be relevant to your credit report, or that we use to confirm your identity, model risk, establish credit limits, or collect unpaid debts).
• Other companies in the context of a company acquisition.

4.5 With your consent, we process your personal data for the following purposes:

• Communications with you via electronic mail (such as email or text message) or telephone, including communications by third parties, unless these communications are permitted without your consent under applicable law. We may engage third parties to send marketing communications on our behalf.
• Provision of a single sign-on service allowing you to register or log in to third-party services using your Carbonera sign-in credentials.
• For sellers, processing of your biometric data to identify you and further prevent fraud and reduce other risks on our platform, and in connection with Know Your Customer and similar compliance requirements.
• Processing of your personal data on the basis of your consent, which you have given so that we or third parties can enable you to use certain services or make them available to you.

Where necessary, we transmit your personal data to processors and the following recipients for one or several of the purposes described above:

• External service providers.
• Third parties using our single sign-on service (as authorized by you in each single case).
• Other third parties with whom we partner to offer you specific services (as described at the collection of the respective user consent).
• Third-party advertising partners.

5. Cross-border data transfers  

Some recipients of your personal data are located outside your jurisdiction or have offices in jurisdictions where data protection laws may provide a different level of protection than the laws in your jurisdiction. When transferring personal data to such recipients, we provide appropriate safeguards.

6. Storage duration and erasure

Your personal data will be stored by us or our service providers in accordance with applicable data protection laws or as necessary to fulfill our business purposes. Otherwise, we will delete your personal data after the completion of a transaction, unless we are legally obliged or permitted to keep your personal data longer (e.g., for legal compliance, tax, accounting or auditing purposes, or to detect and prevent fraudulent or illegal activity on Carbonera). We are under no obligation to store such data indefinitely, and to the extent permitted by law, we disclaim any liability arising out of, or related to, the destruction of such personal data.

7. Rights as a data subject  

Subject to possible restrictions under national law, as a data subject, you have the right to access, rectification, erasure, restriction of processing and data portability with regard to your personal data. In addition, you can withdraw your consent and object to our processing of your personal data on the basis of our legitimate interests. You can also lodge a complaint with a supervisory authority.

Your rights in detail:

Where we rely on consent you can withdraw your consent to the processing of your personal data by us at any time. As a result, we may no longer process your personal data based on this consent in the future. The withdrawal of consent has no effect on the lawfulness of processing based on consent before its withdrawal.

You have the right to obtain access to your personal data that is being processed by us. In particular, you may request information on the purposes of the processing, the categories of personal data concerned, the categories of recipients to whom the personal data have been or will be disclosed, where possible the envisaged period for which the personal data will be stored or the criteria used to determine that period, the existence of the right to request rectification or erasure of personal data or restriction of processing of personal data or to object to such processing, the right to lodge a complaint with a supervisory authority, any available information as to the personal data's source (where they are not collected from you), the existence of automated decision-making, including profiling and, where appropriate, meaningful information on its details. Your right to access shall not adversely affect the rights and freedoms of others. Your right to access may be limited by national law.

You have the right to obtain from us without undue delay the rectification of inaccurate personal data concerning you. Taking into account the purposes of the processing, you have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

You have the right to obtain from us the erasure of personal data concerning you under certain conditions (e.g., when the personal data are no longer necessary in relation to the purposes for which they were processed or when they are no longer required for overriding legitimate grounds, such as the detection/prevention of fraud), unless processing is necessary for exercising the right of freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the establishment, exercise or defense of legal claims. The right to erasure may be limited by national law.

You have the right to obtain from us restriction of processing your personal data to the extent that

• the accuracy of the data is disputed by you,
• the processing is unlawful, but you oppose the erasure of the personal data,
• we no longer need the data, but you need it to assert, exercise or defend legal claims or
• you have objected to the processing.

You have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller ("right to data portability").

You have the right to lodge a complaint with a supervisory authority. As a rule, you can contact the supervisory authority of your usual place of residence, your place of work or the registered office of the controller.

You can contact Carbonera regarding the processing of your personal data at any time by emailing info@carboneraexchange.com.

The exercise of the above data subjects' rights (e.g., right to access or erasure) is generally free of charge. Where requests are manifestly unfounded or excessive, in particular because of their repetitive character, we may charge an appropriate fee (at most our actual costs), in accordance with the applicable statutory regulations, or refuse to process the application.

Managing your communication preferences

If you would like to change your preferences regarding Carbonera communications, please email us at info@carboneraexchange.com. We may also introduce an option to change your preferences in your Carbonera account. If you no longer wish to receive email marketing communications from us, you can unsubscribe by clicking on the link in the footer of the email you received. For technical reasons, the implementation may take a few days.

8. Cookies & similar technologies  

When you use our Services, we and authorized third parties make use of cookies and similar technologies (which we will refer to collectively as "cookies") to provide you with a better, faster and safer user experience or to show you personalized advertising. 

The cookies and similar technologies used in connection with the Services have different functions:

• They may be technically necessary for the provision of our Services.
• They help us optimize our Services technically (e.g., monitoring of error messages and loading times, keeping track of click stream data).
• They help us improve your user experience (e.g., personalize your user experience, save form data entered).
• They allow us to show you more relevant advertisements and website content.

We use cookies and similar technologies that remain on your device only as long as your browser is active (session cookies), as well as cookies and similar technologies that remain on your device longer (persistent cookies). We take appropriate security measures to prevent unauthorized access to our cookies and similar technologies.

9. Data security  

We protect your personal data through technical and organizational security measures to minimize risks associated with data loss, misuse, unauthorized access and unauthorized disclosure and alteration. To this end we use network security services and data encryption, for example, as well as physical access restrictions for our data centers and logical access controls for data and systems access. 

10. Other important information regarding data protection

This section contains important additional information about the protection of personal data in connection with the use of our Services, including whether you are required to provide personal data.

What happens when you share your personal data on our sites or applications?

Other users have access to the information you share on Carbonera or disclose to other users. For example, to promote transparency, other users can see the name and details of the credits for sale, sellers’ company name, address, phone number, fax number, company website URL, and the names and email addresses of sellers’ main contacts. We may allow other users to see your bids, purchases, saved preferences, sellers and searches, feedback, ratings, product reviews and associated comments. Other users can also see any information you choose to share in your profile. We allow only limited access to other users’ financial information as necessary to facilitate your transactions. We may allow users to exchange other information via communication methods on our site.

Notices sent to other users about suspicious activity and notice violations on our sites may refer to your public username and specific listings. Accordingly, if you use a username that allows others to identify you, these others may be able to identify your Carbonera activities.

Your responsibilities over transactional information you receive through Carbonera

When you complete a transaction with another user, we will provide you with the other user's personal data (such as name, username, (alias) email address, contact information, or payment information. Independent from us, you are the controller of such data and responsible for any processing that you perform after we have shared this data with you, including compliance with any limitations imposed by this User Privacy Notice and our User Agreement.

As a seller, you must  comply with the applicable data protection laws and in particular protect the rights of other users as data subjects, e.g., give them the opportunity to access the personal data collected by you and demand that it be erased.

You may only use the personal data that you have access to for Carbonera transaction-related purposes, or for other Services offered through Carbonera (such as fraud complaints, and member-to-member communications), and for purposes expressly consented by the user to whom the data relates. Using personal data of other users that you have access to for any other purpose, such as adding them to a mailing list without their express consent, constitutes a violation of our User Agreement.

Personal data relating to third parties

If you provide us with personal data relating to another person, you must obtain the consent of this person or the disclosure of the data to us must be otherwise legally permissible. You must inform the other person of how we process personal data in accordance with our User Privacy Notice.

Filtering of messages sent via our messaging tools

All messages sent via our messaging tools (including chat messages and emails sent to Carbonera alias email addresses) may be subject to internal review. In the event of a violation of our User Agreement (including any of our rules and policies), we reserve the right to block the transmission of the message and to restrict the purchase and sales functions of your Carbonera account or to block your Carbonera account.

This is to protect our legitimate interests such as protecting against fraudulent or suspicious activities (e.g., spam, viruses, phishing, or other illegal activities) or enforcing our User Agreement and our other rules and policies (e.g., illegal and other prohibited content), including but not limited to enforcing the prohibition of purchases and sales outside of Carbonera.

Use of Artificial Intelligence or AI-Powered Tools

We may use artificial intelligence or AI-powered tools and products to improve our Services, to offer you new or enhanced features, a customized and personalized experience, to provide you with enhanced customer service, and to support fraud detection.

Are you obliged to provide your personal data to us?

Some of the personal data that you provide to us (e.g., data by which we can identify you) may be required to enter into the Terms of Use and/or to comply with legal obligations. Although the provision of any other personal data (e.g., address) is voluntary, it may be necessary for the use of our Services, such as bidding, purchase and sales data to complete a transaction.

Children's Privacy

We do not knowingly collect or solicit personal information from children under the age of 16. By using the Services, you represent that you are at least 16 years old. If you are under 16, please do not attempt to register for an Account or send any Personal Information about yourself to us. If we become aware that we have inadvertently received or collected Personal Information from a user of the Services who is under the age of 16, we will attempt to immediately delete that information from our files and records. Furthermore, we encourage users of the Services that are minors that are 16 years of age or older to ask their parents or guardians for permission before sending any information about themselves over the Internet. If you believe a child who is under the age of 16 has provided us with Personal Information, please contact us at the address listed above.

CONTACT INFORMATION

If you have any questions or concerns about this User Privacy Notice or our privacy practices, please contact us using the information below:

Email: info@carboneraexchange.com

Phone: (877) LOWRCO2

Copyright 2025 Carbonera Exchange, Inc.