Discover.Market Vendor Data Use and Privacy Agreement
Last updated: September 25, 2025
Discover.Market Vendor Data Use and Privacy Agreement
Last updated: September 25, 2025
Introduction
This Data Use and Privacy Agreement governs how vendors use data obtained through the Discover.Market platform, in addition to how we use data provided by Vendors to Discover.Market. By providing product data to Discover.Market and accessing buyer information or analytics, we and you agree to these terms.
This Agreement is intended to comply with U.S. law, including California privacy laws such as the CCPA as amended by the CPRA, and CalOPPA. When Discover.Market launches for end users residing in the European Union, we will add GDPR terms. This Agreement may be incorporated by reference into the Discover.Market Vendor Terms of Service. If there is a conflict, the more specific data and privacy terms in this Agreement control.
Key definitions
- Vendor or you: The company that lists products on Discover.Market.
- Catalog Data: Product data you provide to Discover.Market. Examples: names, SKUs, dimensions, prices, descriptions, images, and other product attributes.
- Buyer Engagement Data: Data generated by buyer interactions with your products or profile on the Platform. Examples: views, scans of hangtags or QR codes, favorites, collections, inquiries, and related analytics.
- Buyer Profile Data: Personal information about buyers surfaced to you through the Platform. Examples: name, company or store name, role, email, contact information, and other profile details they provide or permit us to share.
- Chat Data: Messages exchanged through the in-app chat between buyers and you.
- Vendor Portal: The web or app interface for vendors, including dashboards, reports, CSV downloads, and API access.
- Affiliates: Entities that control, are controlled by, or are under common control with you.
- Processors: Your service providers that process data for you and only on your instructions.
- Applicable Privacy Laws: U.S. privacy laws that apply to the personal information handled under this Agreement, including the CCPA as amended by the CPRA.
1. Scope and applicability
This Agreement applies to vendors who list product catalogs on Discover.Market and who use hangtag QR codes or platform-generated tags in showrooms. It covers how Catalog Data, Buyer Engagement Data, Buyer Profile Data, and Chat Data are handled.
2. Data flows and roles
1) You provide Catalog Data via spreadsheet or FTP.
2) Discover.Market cleans and formats that data, then publishes it in the mobile app and desktop web app.
3) Discover.Market maintains the records and updates them when you supply SKU or product updates.
4) Buyers browse and engage with your listings. They can communicate with you through in-app chat.
5) Buyer Engagement Data and Buyer Profile Data are displayed to you in the Vendor Portal and can be exported via CSV or accessed through the open API. Chat Data remains inside the Platform and is not included in exports or API payloads.
For CPRA purposes, Discover.Market acts as a business for end-user data it collects. When we provide Buyer Profile Data to you for your own marketing and sales, you act as an independent business or third party, not as our service provider. We provide required notices and choices to buyers and will pass suppression or preference signals to you.
3. Ownership and licenses
3.1 Catalog Data
You own your Catalog Data. Discover.Market does not obtain ownership by receiving or hosting it.
You grant Discover.Market a non-exclusive, worldwide, royalty-free license to host, copy, format, display, and otherwise use Catalog Data to operate the Platform and related services. Discover.Market will not modify key elements such as product names and dimensions without your request. We may make limited presentation edits for clarity and schema fit, including image selection for a primary image, basic formatting, unit standardization, and obvious typo correction.
3.2 Buyer and engagement data
Discover.Market owns Buyer Engagement Data and the analytics derived from Platform interactions. Discover.Market will grant you access rights to Buyer Engagement Data and Buyer Profile Data that relate to your products and brand only under a valid subscription or another written arrangement made directly with Discover.Market and approved by Discover.Market in writing. A valid subscription allows you to access this data through the Vendor Portal, CSV export, or API. Access is halted upon lapse or cancellation of subscription, or if there is no such written arrangement in effect.
3.3 No transfer of ownership
Except for the licenses and access rights explicitly granted, each party retains ownership of its data and intellectual property.
3.4 No external disclosure or sale of Catalog Data. Except as necessary to operate the Platform and related services, Discover.Market will not sell, rent, license, disclose, or otherwise make Vendor’s Catalog Data available to any third party for that third party’s independent use. Discover.Market may disclose Catalog Data to its service providers solely to provide hosting, search, analytics, content delivery, and similar operational services for the Platform, under written agreements that restrict use to the services and require confidentiality and security. Discover.Market will not use Catalog Data to train, develop, or improve models or services offered outside the Platform without Vendor’s prior written consent.
4. Vendor use of Buyer Engagement Data and Buyer Profile Data
4.1 Permitted first-party marketing and operational use
You may use Buyer Engagement Data and Buyer Profile Data for your internal business purposes. This includes direct marketing and sales activities that are not limited to the specific product a buyer viewed. Permitted use includes:
- Adding Platform-sourced buyers to your CRM or email marketing systems for outreach about your full catalog, collections, events, promotions, and brand updates.
- Recommending other products the buyer may find relevant.
- Contacting buyers through in-app chat, email, phone, SMS, or postal mail, subject to legal requirements and the buyer's preferences.
- Sharing internally with your Affiliates for the same internal purposes. You are responsible for your Affiliates' compliance.
Example: If a buyer adds your product to a collection or scans a hangtag, you may download that buyer's profile details, add them to your marketing list, and offer other products they may like, either in-app or via direct email.
Chat transcripts remain accessible only within the Platform and are not included in CSV exports or API data.
Conditions you must meet
a) Honor buyer preferences and suppression flags provided by Discover.Market.
b) Provide lawful opt-outs within your own marketing communications with Buyers obtained through Discover.Market, and comply with CAN-SPAM, TCPA and similar laws.
c) Use Processors only under binding contracts that restrict use to your permitted purposes and require appropriate security.
d) Use data minimization and purpose limitation. Limit collection, use, and retention to what is necessary for the permitted activities.
4.2 No sale or disclosure to unrelated third parties
You may not sell, rent, license, or disclose Buyer Engagement Data or Buyer Profile Data to any third party outside your organization and Affiliates. You may not provide this data to partners for their own independent marketing. Use of Processors on your behalf is allowed if they act only on your instructions.
4.3 Limits on advertising uses
You must not upload Platform-sourced buyer data to advertising networks, data co-ops, or identity graphs for audience matching, retargeting, or look-alike modeling unless you have separate, provable consent from the buyer that clearly covers that use. Hashing does not transform a prohibited use into a permitted one without consent.
4.4 Other prohibited uses
You must not combine Platform-sourced buyer data with purchased lists in a way that evades these restrictions, continue contacting a buyer who opted out through Discover.Market or directly with you, or attempt to collect new data from the Platform after your subscription ends, including scraping.
4.5 Buyer communications requirements
All outreach must be lawful, properly identified, respectful in frequency, and include a functioning unsubscribe for email. Do not disclose buyer data to other buyers or the public.
5. Privacy compliance
5.1 General obligations
Handle all personal information obtained through Discover.Market in compliance with Applicable Privacy Laws. You must provide privacy disclosures that reflect your use of Platform-sourced data, including identification of Discover.Market as a data source when required.
5.2 Classification under California privacy law
Providing Buyer Profile Data to vendors for the vendors' own marketing may be treated as a sale or sharing under the CPRA. Discover.Market will provide buyers with required notices and choices, including Do Not Sell or Share options and Global Privacy Control signals, and will pass suppression or preference signals to you. You must honor those signals and may not use the data in ways that would cause Discover.Market to violate the CPRA.
5.3 No secondary use beyond this Agreement
Do not use Platform-sourced personal information for any purpose outside Section 4 without a separate lawful basis and any required consent.
5.4 Data subject requests
If a buyer exercises a privacy right, Discover.Market will handle it at the Platform level and, when appropriate, will request your cooperation. Upon notice from Discover.Market to delete or suppress a specific buyer's Platform-sourced personal information, you must promptly do so in your systems and ensure your Affiliates and Processors do the same, unless a legal exception applies and you are permitted to retain it. Keep records of the deletion or suppression.
5.5 Preference management
If Discover.Market transmits an opt-out, do-not-sell or do-not-share choice, marketing opt-out, or GPC signal tied to a buyer, you must promptly reflect that in your CRM, suppression lists, and outreach programs, and flow it down to Affiliates and Processors.
5.6 Independent privacy duties
You are responsible for your own compliance, including honoring unsubscribe requests you receive directly, maintaining an accessible privacy policy, and providing required notices for your marketing activities.
5.7 Documentation
Maintain records sufficient to demonstrate compliance with this Agreement, including logs of suppression, deletion actions, and processor contracts.
6. Security and confidentiality
6.1 Discover.Market security
Discover.Market maintains a secure platform and data infrastructure, including encryption in transit and at rest, access controls, monitoring, backups, and periodic security reviews.
6.2 Vendor security
Once you access or export Platform-sourced data, you must protect it using reasonable technical and organizational measures. Minimum expectations:
- Limit access to need-to-know personnel.
- Store exports in secure systems, not in unprotected locations.
- Use secure transfer methods for internal or Affiliate sharing.
- Bind Processors to confidentiality and security and monitor their compliance.
- Secure Vendor Portal credentials and promptly deprovision departing users.
6.3 Incident response
Notify Discover.Market without undue delay if Platform-sourced personal information in your control is accessed by an unauthorized party or otherwise compromised. Include details available and mitigation steps. Discover.Market will notify you of incidents on our side that affect your data. Cooperate in any legally required notifications.
6.4 Confidentiality
Treat Buyer Engagement Data and Buyer Profile Data as confidential. Do not disclose them except as permitted in this Agreement.
7. Data accuracy and updates
You remain responsible for the accuracy of your Catalog Data. Discover.Market may clean and format data for schema fit and clarity but will not change key elements without your request. Discover.Market uses commercially reasonable efforts to present accurate engagement analytics, although minor discrepancies can occur.
8. Termination and data retention
8.1 Access ends on lapse
When your subscription ends, your access to the Vendor Portal and API ceases. You do not receive new Buyer Engagement Data after lapse or cancellation of your Discover.Market subscription. Discover.Market may continue to display your Catalog Data to buyers after lapse unless you request removal in writing as described in Section 8.4.
8.2 Retention and continued use
You may retain and continue to use Buyer Engagement Data and Buyer Profile Data that you lawfully exported while your subscription was active. Your continued use remains subject to this Agreement, including privacy, suppression, and no resale rules, and to Applicable Privacy Laws.
8.3 Deletion on request
Upon a valid deletion or suppression request from Discover.Market related to a buyer whose data you hold, you must delete or suppress that data across your systems, Affiliates, and Processors, unless a legal exception lawfully permits retention. Confirm completion upon request.
8.4 Catalog Data display after lapse
Discover.Market continues displaying your Catalog Data to buyers upon lapse of subscription unless you explicitly request in writing that we remove all Catalog Data from being displayed to buyers. Upon receipt of such a written request, Discover.Market will cease public display of your Catalog Data within a reasonable period and consistent with operational constraints and legal obligations.
8.5 Catalog Data after termination
Discover.Market may retain backup or archival copies of your Catalog Data as required for legal, compliance, or operational purposes.
8.6 Survival
Sections concerning data use restrictions, privacy, security, confidentiality, compliance, indemnities, and limitations survive termination.
9. Representations, warranties, indemnities, and limits
9.1 Your representations
You have authority to enter this Agreement. Your Catalog Data does not infringe others' rights. Your use of Platform-sourced data will comply with this Agreement and with law, including privacy and anti-spam laws.
9.2 Discover.Market representations
Discover.Market has the rights to operate the Platform and to share Buyer Profile Data with you as described, subject to buyer notices and choices.
9.3 Disclaimer
Except as expressly stated, data and services are provided as is and as available.
9.4 Indemnification by Vendor
You will defend and indemnify Discover.Market and its affiliates, directors, officers, employees, and agents against losses, damages, costs, and expenses, including reasonable attorneys' fees, arising from your breach of this Agreement, your violation of law, your misuse of Platform-sourced data, or infringement claims tied to your Catalog Data.
9.5 Indemnification by Discover.Market
Discover.Market may, at its option, defend and indemnify you against third-party claims that the Platform's ordinary data sharing with you as described here violates law, provided you used the data as permitted and subject to Section 9.6.
9.6 Limitation of liability
To the fullest extent permitted by law, Discover.Market will have no liability of any kind arising out of or related to this Agreement or the services, including any indirect, incidental, consequential, special, exemplary, or punitive damages, lost profits, or lost data.
10. Miscellaneous
10.1 Relationship
The parties are independent businesses. This Agreement does not create a partnership, joint venture, or agency.
10.2 Amendments
Discover.Market may update this Agreement to reflect legal changes or new features. Material changes will be communicated or presented for acceptance. Continued use of the Platform after changes take effect constitutes acceptance.
10.3 Governing law and venue
This Agreement is governed by the laws of the State of Utah, without regard to conflicts rules. Exclusive venue lies in the state or federal courts located in Salt Lake County, Utah. If your Terms of Service mandate arbitration, this clause should be aligned with that.
10.4 Severability
If any provision is invalid, the remainder stays in effect. The invalid term will be replaced with a valid term that most closely reflects the original intent.
10.5 Assignment
You may not assign this Agreement without Discover.Market's prior written consent, except that a successor in interest automatically assumes all obligations of this Agreement upon merger, acquisition, corporate reorganization, or sale of substantially all assets. Discover.Market may assign to an affiliate or in connection with a merger, acquisition, or sale.
10.6 Notices
Legal notices to Discover.Market should be sent to:
Discover.Market Legal, 210 W Crossroad Sq., Salt Lake City, UT 84115, or by email at: legal@discover.market.
Discover.Market may send notices to your account admin email or business address on file.
10.7 Acceptance
This Agreement may be accepted electronically, including via click-through during onboarding or renewal.
