Privacy Policy

Welcome to COOLS.

This policy forms part of the COOLS Agreement outlined in our Terms of Service.

A. Scope of Privacy Policy. This privacy policy (the “Policy”) covers the use of the web site located at https://cools.com and the services provided by The COOLS Inc. (“COOLS”, “us”, “our”, or “we”), including how the COOLS treats personal information that the COOLS collects and receives. Subject to the COOLS Terms of Use, you must be 18 years and older to use this site. Therefore, this Policy makes no provisions for individual under 18 years old. Nor does this Policy apply to the practices of third parties that the COOLS does not own or control, or individuals that the COOLS does not employ or manage. By accepting this Policy, you expressly consent to our collection, storage, use and disclosure of your personal information as described in this Policy.

B. Information Collected. the COOLS may collect or ask you for information when you register for our services, access various content or features, or directly contact the site.  This information may include but is not limited to:

  • Contact information, such as name, email address, postal address, phone number, and/or mobile number;
  • Password
  • Age and date of birth
  • Other demographic information
  • Transactional information based on your activities on the site (such as buying, selling, item and content you generate or that relates to your profile);
  • Shipping, billing and other information you provide to purchase or ship an item;
  • Community discussions, chats, posts on the wall, images or videos uploaded to your profile, other correspondence through our site, and correspondence sent to us;
  • Other information from your interaction with our site, services, content and advertising, including computer and connection information, statistics on page views, traffic to and from the sites, ad data, IP address and standard web log information;
  • Additional information we ask you to submit to authenticate yourself or if we believe you are violating site policies (for example, we may ask you to send us an ID or bill to verify your address, or to answer additional questions online to help verify your identity or ownership of an item you list);
  • Information from other companies, such as demographic and navigation data

We may use the following personal information based on our policies below:

  • Your username as displayed throughout the site (and so available to the public) and is connected to all of your activity on the site. Other people can see your information feedback, ratings, user submitted content and associated comments.

The COOLS uses information for the following general purposes: products and services provisioning, identification and authentication, service improvement, contact, research, and anonymous reporting. IP addresses are automatically reported by your browser each time you view a web page. Your IP address is stored in our user registration databases when you register with us. IP addresses may be used for various analytics purposes.
Once you give us your personal information, you are not anonymous to us. If you choose to provide us with personal information, you consent to the transfer and storage of that information on our servers located in the United States.

C. Marketing.  We may combine your information with information we collect from other companies and use it to improve and personalize our services, content and advertising. If you do not wish to receive marketing communications from us or participate in our ad-customization programs, simply indicate your preference or by following the directions provided with the communication or advertisement.

D. Use. Our primary purpose in collecting personal information is to provide you with a safe, smooth, efficient, and customized experience. You agree that we may use your personal information to:

  • Provide the services and customer support you request, and troubleshoot problems
  • Prevent potentially prohibited or illegal activities, and enforce our Terms of Use
  • Customize, measure and improve our services, content and advertising
  • Tell you about our services and those of our corporate family, targeted marketing, service updates, and promotional offers based on your communication preferences
  • Compare information for accuracy, and verify it with third parties

E. Our Disclosure of Your Information. The COOLS is committed to maintaining your trust and we want you to understand when and with whom we may share information collected about you. We may disclose personal information 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 information with:

Service providers under contract who help with our business operations (we employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products and services to you)
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)
Law enforcement or other governmental officials, in response to a verified request relating to a criminal investigation or alleged illegal activity. In such events, we will disclose information relevant to the investigation, such as name, city, state, zip code, telephone number, email address, User ID history, IP address, fraud complaints, and bidding and listing history
Certain COOLS’s program participants under confidentiality agreement, as we in our sole discretion believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity. In such events, we will disclose name, street address, city, state, zip code, country, phone number, email address and company name.
Other business entities, should we plan to merge with or be acquired by that business entity
Without limiting the above, in an effort to respect your privacy and our ability to keep the community free from bad actors, we will not otherwise disclose your personal information to law enforcement, other government officials, or other third parties without a subpoena, court order or substantially similar legal procedure, except when we believe in good faith that the disclosure of information is necessary to prevent imminent physical harm or financial loss or to report suspected illegal activity.

F. Information You Share. If you access our sites from a shared computer or a computer in an internet café, certain information about you, such as your User ID, activity or reminders from us, may also be visible to other individuals who use the computer after you. Please ensure that you logout from the site when using the site from a shared or public computer. You are always responsible for any activities that occur from your account.

If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.

G. Using Information from the COOLS. Our site enables you to share personal information to complete transactions. We encourage you to disclose your privacy practices and respect the privacy of other users. We cannot guarantee the privacy or security of your information and therefore we encourage you to evaluate the privacy and security policies of your trading partner before entering into a transaction and choosing to share your information. To help protect your privacy, we allow only limited access to other users’ contact and shipping information to facilitate your transactions. When users are involved in a transaction, they make have access to each other’s name, email address and other contact and shipping information. In all cases, you must give other users a chance to remove themselves from your database and a chance to review what information you have collected about them.

You agree to use user information only for:

The COOLS’s transaction-related purposes that are not unsolicited commercial messages;
Using services offered through the COOLS (such as escrow, shipping, and fraud complaints), or
Other purposes that a user expressly chooses.

I. No Spam, Spyware or Spoofing. We and our users do not tolerate spam. Make sure to set your communication preferences so we communicate to you as you prefer. You are not licensed to add other the COOLS users, even a user who has purchased an item from you, to your mailing list (email or physical mail) without their express consent. To report related spam or spoof emails to us, please forward the email to legal+spam@cools.com. You may not use our communication tools to send spam or otherwise send content that would violate our Terms of Use. We automatically scan and may manually filter messages to check for spam, viruses, phishing attacks and other malicious activity or illegal or prohibited content, but we do not permanently store messages sent through these tools. If you send an email to an email address that is not registered in our community (via Refer-a-Friend or other tools), we do not permanently store that email or use that email address for any marketing purpose. You agree the COOLS may immediately terminate any Account which it believes, in its sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then you agree to pay the COOLS liquidated damages in the amount of $1.00 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your Account.

J. Account Protection. Your password is the key to your account. Use unique numbers, letters and special characters, and do not disclose your password to anyone. If you do share your password or your personal information with others, remember that you are responsible for all actions taken in the name of your account. If you lose your password, you may lose substantial control over your personal information 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 us and change your password.

K. Accessing and rights to your data. Reviewing and Changing Your Personal Information. You can see, review and change most of your personal information by signing on to the COOLS. Generally, we will not manually modify your personal information because it is very difficult to verify your identity remotely. You must promptly update your personal information if it changes or is inaccurate. Once you make a public posting, you may not be able to change or remove it. Upon your request, we will deactivate your account and remove your account from view as soon as reasonably possible, based on your account activity and in accordance with applicable law. We do retain personal information from closed accounts to comply with law, prevent fraud, collect any fees owed, troubleshoot problems, assist with any investigations, enforce our Terms of Use, and take other actions otherwise permitted by law.

If you have an account on this site, or have submitted user content, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

L. Security. The security and confidentiality of your information is extremely important to us. Your information is stored on our servers located in the United States. We treat data as an asset that must be protected and use many tools (encryption, passwords, physical security, etc.) to protect your personal information against unauthorized access and disclosure. However, third parties may unlawfully intercept or access transmissions or private communications, and other users may abuse or misuse your personal information that they collect from the site. Please be aware though that, despite our best efforts, no security measures are perfect or impenetrable.

M. Third Parties. Except as otherwise expressly included in this 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 buyers or sellers on our sites or other sites throughout the internet, different rules may apply to their use or disclosure of the information you disclose to them. We do not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. We are not responsible for any information we do not collect. We encourage you to ask questions before you disclose your personal information to others.

N. Changes to this Policy. We may amend this Policy at any time. If we amend this Policy to permit material changes to the way we collect, use and/or share your personal information, we will notify you of such changes by sending an email at the last email address you provided us, and/or posting notice of the changes on our site. Any such material changes may affect our use and sharing of personal information that you provided to us. Please be advised that the changes to this Policy will apply to any personal information that you provide to us on or after the effect date of such change to the Policy.

If your questions are not answered within this Agreement, you may send an e-mail to legal+privacy@cools.com or write to us at:

The COOLS Inc.
Attn: Legal – Privacy Practices
132 Bowery Street, Floor 2
NY 10013
New York

Beginning on January 1, 2005, California Civil Code Section 1798.83 permits our customers who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to legal+ca@cools.com or write us:

The COOLS Inc.
Attn: Legal – California Privacy Compliance
132 Bowery Street, Floor 2
NY 10013
New York

This Policy has been drawn up in the English language. In case of discrepancies between the English version of this Agreement and any translation, the English version shall prevail.

Effective date: December 14, 2015