Privacy Policy

Learn how we collect, use, and protect your personal information

Privacy Policy

Effective Date: July 15, 2025 Last Updated: July 16, 2025

1. Introduction

Welcome to OpenMarket.ie, operated by Blackshore Technology Limited, an Irish company (“we,” “our,” or “us”). This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you use our online marketplace platform located at openmarket.ie (the “Service”).

Our Service is designed specifically for users in Ireland and operates under Irish and European Union data protection laws, including the General Data Protection Regulation (GDPR) and the Irish Data Protection Act 2018. As an online marketplace, we are also subject to the EU Digital Services Act (DSA) and DAC7 tax reporting requirements.

Important Regulatory Notice: As a classified ads platform that connects buyers and sellers, we are required by law to collect certain information from sellers for regulatory compliance, including trader verification under the DSA and tax reporting under DAC7. Complete anonymity for sellers is not possible due to these legal obligations.

By using our Service, you agree to the collection and use of information in accordance with this Privacy Policy. If you do not agree with our policies and practices, please do not use our Service.

2. Information We Collect

2.1 Personal Information You Provide

When you create an account or use our Service, we may collect:

Account Information: Username, email address, password (encrypted), first name, last name, display name
Profile Information: Bio, location, phone number, profile avatar
Contact Methods: Communication platform identifiers (WhatsApp, Telegram, Signal, Discord, etc.)
Listing Information: Item descriptions, prices, images, location data
Communication Data: Messages between users, conversation history
Transaction Information: Purchase/sale history, cryptocurrency addresses, transaction details
Verification Data: Email verification status, identity verification information
Trader Verification: For users identified as traders under the Digital Services Act, we collect additional verification information including government-issued ID, address verification, and bank account details
Tax Information: For DAC7 compliance, we may collect Tax Identification Numbers (TIN), address details, and bank account information from sellers who exceed reporting thresholds

2.2 Information Collected Automatically

Usage Data: Pages visited, time spent on the Service, click patterns
Device Information: IP address, browser type, operating system, device identifiers
Location Data: Geographic location based on IP address or user-provided location
Search History: Search queries and applied filters
Performance Data: Error logs, crash reports, and diagnostic information

2.3 Third-Party Authentication

When you sign in using third-party services (Google, Facebook), we collect:

OAuth Data: User ID from the provider, email address, name, profile picture
Access Tokens: For maintaining authenticated sessions (stored securely)

2.4 Cookies and Tracking Technologies

We use cookies and similar technologies to:

Maintain user sessions and authentication
Remember user preferences and settings
Analyze usage patterns and improve our Service
Provide personalized content and recommendations

3. How We Use Your Information

We use the collected information for:

3.1 Service Provision

Creating and managing user accounts
Facilitating marketplace transactions
Enabling communication between users
Processing payments and cryptocurrency transactions
Providing customer support

3.2 Service Improvement

Analyzing usage patterns to improve functionality
Personalizing user experience and recommendations
Conducting research and analytics
Testing new features and services

3.3 Communication

Sending transactional emails (account verification, password resets)
Providing notifications about messages, transactions, and account activity
Sending marketing communications (with your consent)
Delivering weekly digest emails and price alerts (if enabled)

3.4 Safety and Security

Detecting and preventing fraud, spam, and abuse
Enforcing our Terms of Service
Protecting user safety and platform integrity
Complying with legal obligations

3.5 Regulatory Compliance

Digital Services Act (DSA) Compliance: Identifying and verifying traders, content moderation, maintaining transparency reports, and handling illegal content complaints
DAC7 Tax Reporting: Conducting due diligence on sellers, monitoring activity thresholds, and reporting to Irish Revenue when required
Trader Detection: Making best efforts to identify professional sellers through self-declaration and monitoring of listing patterns
Record Keeping: Maintaining records of content moderation decisions, user complaints, verification procedures, and tax-related due diligence for required retention periods

4. Information Sharing and Disclosure

4.1 Public Information

The following information may be visible to other users:

Username and display name
Profile bio and avatar
Location (city/county level)
Item listings and descriptions
Public contact methods (if you choose to make them public)
Reviews and ratings
Transaction history (anonymized)

4.2 Third-Party Service Providers

We may share information with trusted service providers who assist us in operating our Service. All service providers are located within the European Union or provide adequate data protection safeguards:

Cloud hosting and data storage: Amazon Web Services (AWS) Ireland region
Email delivery services: EU-based email service providers
Analytics and monitoring: EU-compliant analytics services
Customer support tools: GDPR-compliant support platforms

All third-party processors are bound by data processing agreements that ensure GDPR compliance.

4.3 Legal Requirements

We may disclose information when required by law or to:

Comply with legal processes or government requests
Protect our rights, property, or safety
Protect the rights, property, or safety of our users
Investigate potential violations of our Terms of Service

4.4 Tax Authority Reporting

Under the EU’s DAC7 directive (implemented in Irish law), we are required to:

Report to Irish Revenue: Share seller information with Irish Revenue for sellers who exceed reporting thresholds (30 transactions or €2,000 in annual consideration)
Due Diligence Information: Provide seller names, addresses, Tax Identification Numbers, bank details, and estimated activity levels
Annual Reporting: Submit required information to Revenue by January 31st each year via the ROS portal
Cross-Border Reporting: Information may be shared with other EU tax authorities through automatic exchange mechanisms

Important: By using our platform as a seller, you acknowledge that your information may be reported to tax authorities if you meet the reporting criteria. We will inform you via privacy notice if your data will be shared.

4.5 Business Transfers

In the event of a merger, acquisition, or sale of assets, user information may be transferred as part of the business transaction.

5. Data Security

We implement appropriate technical and organizational measures to protect your information:

Encryption: Passwords are hashed using industry-standard algorithms
Secure Transmission: All data is transmitted over HTTPS
Access Controls: Limited access to personal information on a need-to-know basis
Regular Security Audits: Ongoing monitoring and security assessments
Data Backup: Regular backups with encryption at rest

However, no method of transmission over the internet is 100% secure, and we cannot guarantee absolute security.

6. Your Rights and Choices

6.1 Account Management

Access: View and download your personal information
Update: Modify your profile and account settings
Delete: Request deletion of your account and associated data

6.2 Communication Preferences

Email Notifications: Control email notification settings in your account preferences
Marketing Communications: Opt-out of marketing emails at any time
Push Notifications: Manage notification preferences in your device settings

6.3 Data Portability

You can request a copy of your data in a structured, machine-readable format.

6.4 Withdrawal of Consent

You may withdraw consent for data processing where consent is the legal basis for processing.

7. Data Retention

We retain your information for as long as necessary to:

Provide our services to you
Comply with legal obligations
Resolve disputes and enforce agreements
Maintain security and prevent fraud

Specific retention periods:

Account Data: Retained while your account is active and for 3 years after deletion
Transaction Records: Retained for 7 years for legal and tax purposes
Communication Data: Retained for 2 years after the last message
Analytics Data: Aggregated and anonymized data may be retained indefinitely
DSA Records: Content moderation decisions, user complaints, and traceability verifications retained for at least 6 months after relationship ends
DAC7 Records: Tax-related due diligence information, verification procedures, and reporting data retained for 6 years (Irish requirement)

8. Data Processing Location

Your data remains within the European Union. All personal data is processed and stored within the EU, specifically:

Primary hosting: AWS Ireland (eu-west-1) region
Data processing: All processing activities occur within Ireland and the EU
Service providers: We only use EU-based service providers or those with adequate data protection safeguards

As we operate exclusively within the EU and serve only Irish users, your personal data does not leave the European Economic Area, ensuring full GDPR protection at all times.

9. Children’s Privacy

Our Service is not intended for children under 16 years of age. We do not knowingly collect personal information from children under 16. If we become aware that we have collected personal information from a child under 16, we will take steps to delete such information.

10. Changes to This Privacy Policy

We may update this Privacy Policy from time to time. We will notify you of any material changes by:

Posting the updated policy on our website
Sending an email notification to registered users
Displaying a prominent notice on our Service

Your continued use of the Service after any changes constitutes acceptance of the updated Privacy Policy.

11. Contact Information

If you have questions, concerns, or requests regarding this Privacy Policy or our data practices, please contact us at:

Company: Blackshore Technology Limited Email: privacy@openmarket.ie Address: Dogpatch Labs, Unit 1, The CHQ Building, North Wall Quay, Dublin 1, Dublin, Leinster, D01Y6H7, Ireland Data Protection Officer: privacy@openmarket.ie

Regulatory Authorities

As we are an Irish company, you may contact the following authorities regarding different aspects of our service:

Irish Data Protection Commission (DPC) - For privacy and data protection matters:

Website: https://www.dataprotection.ie
Phone: +353 (0)761 104 800
Email: info@dataprotection.ie

Irish Revenue - For DAC7 tax reporting matters:

Website: https://www.revenue.ie
Phone: +353 (0)1 738 3684
Email: contactus@revenue.ie

Commission for Communications Regulation (ComReg) - For Digital Services Act matters:

Website: https://www.comreg.ie
Phone: +353 (0)1 804 9600
Email: info@comreg.ie

12. Legal Basis for Processing

As an Irish company serving Irish users, we process your personal data based on the following legal grounds under GDPR:

Contract Performance: To provide our services and fulfill our contractual obligations
Legitimate Interests: To improve our services, ensure security, and conduct business operations
Consent: For marketing communications and optional features
Legal Compliance: To comply with applicable laws and regulations, including:
- Digital Services Act (DSA) obligations for content moderation and trader verification
- DAC7 tax reporting requirements for seller due diligence and reporting to Irish Revenue
- Anti-money laundering and fraud prevention measures

13. Your Rights Under GDPR

Under the General Data Protection Regulation (GDPR) and Irish data protection law, you have the following rights:

Right to Access: Request information about how we process your data
Right to Rectification: Correct inaccurate or incomplete data
Right to Erasure: Request deletion of your data under certain circumstances
Right to Restrict Processing: Limit how we use your data
Right to Data Portability: Receive your data in a portable format
Right to Object: Object to certain types of data processing
Right to Withdraw Consent: Withdraw consent for consent-based processing

To exercise these rights, please contact us using the information provided above.

14. Irish Law and Jurisdiction

This Privacy Policy and our data processing practices are governed by:

Irish Data Protection Act 2018
General Data Protection Regulation (GDPR)
Irish law and jurisdiction

Any disputes relating to this Privacy Policy will be subject to the exclusive jurisdiction of the Irish courts.

15. Platform Obligations and Anonymity Limitations

15.1 Digital Services Act (DSA) Compliance

As an online marketplace under the EU Digital Services Act, we have specific obligations:

Trader Identification: We must make “best efforts” to identify users who are traders (professional sellers) through self-declaration and monitoring of listing patterns
Trader Verification: Users identified as traders must provide additional verification information (ID, address, bank details) before listing goods
Content Moderation: We maintain systems for reporting and removing illegal content, with records kept for at least 6 months
Transparency Reporting: We publish regular transparency reports on content moderation activities

15.2 DAC7 Tax Reporting Obligations

Under EU Directive 2021/514 (DAC7), implemented in Irish law:

Seller Due Diligence: We must collect and verify information from sellers to determine if they exceed reporting thresholds
Reporting Thresholds: Sellers with more than 30 transactions or €2,000 in annual consideration are reportable to Irish Revenue
Proxy Monitoring: Since transactions occur off-platform, we use available information (such as number of listings) as proxies for potential sales activity
Self-Certification: Sellers may be required to self-report their activity levels and tax status

15.3 Anonymity Limitations

Complete anonymity is not possible for sellers due to regulatory requirements:

Seller Identity: All sellers must provide real identity information for our backend records, even if they use pseudonyms for public display
Verification Requirements: Sellers identified as traders or exceeding DAC7 thresholds must undergo full identity verification
Record Keeping: We must maintain records of seller identities and verification procedures for regulatory compliance
Buyer Anonymity: Buyers may remain more anonymous, though some information is still collected for platform security and functionality

15.4 Enforcement and Compliance

Non-compliance with these regulatory requirements carries significant penalties:

DSA Violations: Fines up to 6% of global annual turnover, enforced by the Commission for Communications Regulation (ComReg) and Coimisiún na Meán in Ireland
DAC7 Violations: Fines up to €1 million, enforced by Irish Revenue
User Cooperation: Users who provide false information or fail to comply with verification requirements may have their accounts suspended or terminated

15.5 Service Availability

OpenMarket.ie is designed specifically for users located in Ireland. By using our Service, you confirm that you are located in Ireland and subject to Irish jurisdiction.

This Privacy Policy is designed to be transparent about our data practices while ensuring compliance with applicable privacy laws. We are committed to protecting your privacy and handling your information responsibly.