Contracts
Terms of Service
Effective December 19th 2023
DownloadTable of Contents
- Your Acceptance of These Terms
- Eligibility and Your Poshmark Account
- Your Privacy
- Your Use of the Service
- Your Use of Mobile Devices and Other Third-Party Software
- Your Content
- Our Intellectual Property Rights
- Intellectual Property Complaints
- Third Party Services and Content
- Your Purchases and Sales
- Limitation of Liability and Warranties
- Indemnification
- Disputes with Poshmark
- Governing Law and Venue
- Disputes with Other Users
- Suspending, Terminating, or Modifying Your Access
- Changes to This Agreement
- Miscellaneous
- Terms Specific to Your Geographic Location
- Our Notices to You and Contact Information
- Post any User Content (each as defined below in Section 6) that is unlawful, harmful, violent, illegal, infringing on third party rights, false, misleading, fraudulent, pornographic, libelous, invasive, encouraging of money laundering, gambling, or any other unlawful or unwarranted behavior, or otherwise fail to comply with our Community Guidelines;
- violate any law, rule, or regulation, including any anti-spam, data privacy, or other restriction, as determined by Poshmark in its sole discretion, that may be applicable to your use of the Service;
- create any derivative works of, modify, or reverse engineer any part of the Service;
- interfere with, disrupt, negatively affect, or inhibit other Users from fully enjoying our Service or damage, disable, overburden, put unreasonable load on, or otherwise impair the functioning of the Service infrastructure or the networks connected to the Service;
- promote any illegal activity or enterprise;
- stalk, harass, bully, impersonate or solicit information unrelated to a listed Item from anyone;
- copy, scrape, harvest, crawl or use any technology, software or automated systems to collect any information or data for the Service;
- sell or transmit anything you do not have a right to sell or transmit under law or existing relationship;
- pose a privacy or security risk to the Service or any User;
- infringe anyone’s intellectual property, such as by posting counterfeit products for sale through the Service;
- spam any Users with email, junk mail, fraud, schemes, or the like;
- collect or harvest any information or data from Poshmark’s systems or attempt to decipher any transmission to or from the servers running the Service;
- use the contact information of any User of the Service (including Buyers) for any purposes other than in relation to: (a) receiving the Service and (b) any transactions between Users;
- use the Service in any way that is contrary to Poshmark’s public image, goodwill, or reputation;
- express or imply that any of your statements, activities, or causes are endorsed by Poshmark, without Poshmark’s prior written consent in each instance. Notwithstanding the foregoing, a Seller will be entitled to make a factual reference which states that the Seller sells its Items on the Service. All other references (including any commentary on the factual reference mentioned above) will be subject to Poshmark’s prior written consent in each instance;
- create multiple account to evade punishment or avoid restrictions;
- transmit or upload viruses, worms, or otherwise interfere with the Service; and/or
- take any action or inaction which Poshmark, in its sole judgment, believes is questionable or could cause harm or liability.
Designated Agent: | Legal Poshmark |
Address: | 203 Redwood Shores Parkway, Floor 8 Redwood City, CA 94065 |
Telephone Number: | 650-262-4771 |
Email Address: | for copyright complaints: [email protected] for all other IP complaints: [email protected] |
Effective December 18th 2023 to December 19th 2023
DownloadTable of Contents
- Your Acceptance of These Terms
- Eligibility and Your Poshmark Account
- Your Privacy
- Your Use of the Service
- Your Use of Mobile Devices and Other Third-Party Software
- Your Content
- Our Intellectual Property Rights
- Intellectual Property Complaints
- Third Party Services and Content
- Your Purchases and Sales
- Limitation of Liability and Warranties
- Indemnification
- Disputes with Poshmark
- Governing Law and Venue
- Disputes with Other Users
- Suspending, Terminating, or Modifying Your Access
- Changes to This Agreement
- Miscellaneous
- Terms Specific to Your Geographic Location
- Our Notices to You and Contact Information
- Post any User Content (each as defined below in Section 6) that is unlawful, harmful, violent, illegal, infringing on third party rights, false, misleading, fraudulent, pornographic, libelous, invasive, encouraging of money laundering, gambling, or any other unlawful or unwarranted behavior, or otherwise fail to comply with our Community Guidelines;
- violate any law, rule, or regulation, including any anti-spam, data privacy, or other restriction, as determined by Poshmark in its sole discretion, that may be applicable to your use of the Service;
- create any derivative works of, modify, or reverse engineer any part of the Service;
- interfere with, disrupt, negatively affect, or inhibit other Users from fully enjoying our Service or damage, disable, overburden, put unreasonable load on, or otherwise impair the functioning of the Service infrastructure or the networks connected to the Service;
- promote any illegal activity or enterprise;
- stalk, harass, bully, impersonate or solicit information unrelated to a listed Item from anyone;
- copy, scrape, harvest, crawl or use any technology, software or automated systems to collect any information or data for the Service;
- sell or transmit anything you do not have a right to sell or transmit under law or existing relationship;
- pose a privacy or security risk to the Service or any User;
- infringe anyone’s intellectual property, such as by posting counterfeit products for sale through the Service;
- spam any Users with email, junk mail, fraud, schemes, or the like;
- collect or harvest any information or data from Poshmark’s systems or attempt to decipher any transmission to or from the servers running the Service;
- use the contact information of any User of the Service (including Buyers) for any purposes other than in relation to: (a) receiving the Service and (b) any transactions between Users;
- use the Service in any way that is contrary to Poshmark’s public image, goodwill, or reputation;
- express or imply that any of your statements, activities, or causes are endorsed by Poshmark, without Poshmark’s prior written consent in each instance. Notwithstanding the foregoing, a Seller will be entitled to make a factual reference which states that the Seller sells its Items on the Service. All other references (including any commentary on the factual reference mentioned above) will be subject to Poshmark’s prior written consent in each instance;
- create multiple account to evade punishment or avoid restrictions;
- transmit or upload viruses, worms, or otherwise interfere with the Service; and/or
- take any action or inaction which Poshmark, in its sole judgment, believes is questionable or could cause harm or liability.
Designated Agent: | Legal Poshmark |
Address: | 203 Redwood Shores Parkway, Floor 8 Redwood City, CA 94065 |
Telephone Number: | 650-262-4771 |
Email Address: | for copyright complaints: [email protected] for all other IP complaints: [email protected] |
Effective September 7th 2022 to December 18th 2023
DownloadTable of Contents
TERMS OF SERVICE
	Last Revised 8/19/2021
	Prior Version here
	1. Introduction
	Welcome! You are entering into this Agreement with Poshmark, Inc., if you reside in Canada, Poshmark Canada, Inc., if you reside in Australia, Poshmark PTY LTD, or if you reside in India, Poshmark India Marketplace Online Limited (as applicable “Poshmark”, “We”, “Our”, or “Us”). When You (individually, or the entity that You represent, each a “User”) access Our Services, You are agreeing to the Terms of Service (the “Agreement”) below. By accessing the Services, You agree to be bound by this Agreement, and any additional terms referenced herein, including Our Privacy Policy which sets out the terms in which We process any Personal Data collected from You, or provided to Us. If You do not agree to this Agreement, or any additional terms referenced herein, You must not access the Service. In agreeing, You also represent that You have the authority to bind Yourself and/or the company You represent. Capitalized terms are as defined throughout this Agreement. As we may modify any terms herein at any time You should periodically visit this page to review all current terms.
	Please read these terms carefully as they contain, to the extent legally allowable in your jurisdiction, an agreement to arbitrate as well as other important legal rights, remedies, and information.
	2. Services
	This Agreement applies to all Poshmark services, including the Poshmark mobile app (on any and all formats or devices), and the websites located at https://www.poshmark.com, https://www.poshmark.ca, https://www.poshmark.com.au, and https://www.poshmark.in (collectively, the “Service(s)”). The Service provides an online social marketplace where Users can list and sell items (“Items”). Users who purchase Items are called “Buyers”, and Users who sell Items are called “Sellers”. Users may be both Buyers and Sellers on the Service. In using the Service Buyers and Sellers enter into a contract for the sale and purchase of Items directly between themselves, and Poshmark is not a party to such sale or purchase.
	There are risks that you assume when dealing with others, and these risks are borne by You alone, and not Poshmark. You are solely responsible for your evaluation of, and decision to use, the Service, Buy, Sell, or transact any business or communications on the Service, and will be liable for all of Your actions on the Service.
	3. Registration
	You are responsible for Your use of the Service, and any use of the Service made using Your account. The personal information You provide to us is governed by the Privacy Policy. You acknowledge Poshmark may establish policies and practices concerning use of the Service, including policies that may delete or remove content or data, terminate inactive accounts, and any other policies and practices in Poshmark’s business interest. You further acknowledge that Poshmark reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. The Service is not available to minors (people under the age of majority in their state or province of residence), except in the limited circumstances outlined in our Privacy Policy. If You are under the age of 16, please see our Privacy Policy. The service is not available to temporarily or permanently suspended members of the Service. Poshmark reserves the right to refuse access to the Service, or terminate the account of any User, at its sole discretion and for any reason or no reason at all. You are responsible for maintaining the confidentiality of your password and account and will be fully responsible for any and all activities that occur under your account. You agree to immediately notify Us of any unauthorized use of Your account or any other breach of account security. Poshmark will not be liable for any loss or damage arising from your failure to comply with this Section.
	4. Third Party Services
	Poshmark may provide to You, or provide Your Content to, certain third party services or third party service providers (collectively, "Third Party Service(s)") which may also provide to You links to sites, email and telephone correspondence and other offers outside of the Poshmark network. Such Third Party Services are provided "AS IS" without indemnification, support, or warranty of any kind, and this Agreement does not apply to Your use of any such provided Third Party Services. You are responsible for evaluating whether You want to access or use such Third Party Services, and, in certain circumstances where required or applicable, may opt-out from such Third Party Services available outside of the Poshmark network, or may choose to not utilize such Third Party Services at any time. We reserve the right to suspend Third Party Services at any time. You should review any applicable terms and/or privacy policies of a Third Party Service before using it or sharing any information with it, because You may give the operator permission to use Your information outside of what You have agreed to herein. Poshmark is not responsible for, nor endorses any features, content, advertising, products or other materials on or available from such Third Party Services.
	5. Third Party Material
	Poshmark will not be liable in any way for (1) any items or content on the Service posted by third parties, other users, or at the direction of users (all, “Third Party Materials”), or (2) any errors, omissions, loss, or damage of any kind as a result of such Third Party Materials on the Service; and you acknowledge that Poshmark does not, and is under no obligation, to review, screen, or inspect any Third Party Materials on the Service, although Poshmark reserves the right to do so, and remove Third Party Materials at Our sole discretion. You agree that you bear all risk associated with the use, reliance, condition, accuracy, completeness, or usefulness of Third Party Materials.
	6. Referrals and Credits
	Poshmark may offer credits to existing users, for any reason, at the sole discretion of Poshmark, including, but not limited to, users who refer new users to the Service (who have not previously used the Service) using the invite code provided by Poshmark to those existing users and may also make certain credits available to the new users who are referred by an existing user. The requirements to earn, the number of, and value of, these credits (if any) will be determined by Poshmark. Poshmark Credits or Posh Credits are not redeemable for cash or cash equivalents, and are non-transferrable or applicable to prior purchases and cannot be sold, made available to the general public, or acquired via public distribution. Suspended accounts are prohibited from using Posh Credits during suspension. Other restrictions may apply. We may cancel credits at any time, upon thirty (30) day notice to You. Poshmark may modify, update, or terminate this program without notice, and Poshmark reserves the right to enact any rules and regulations with respect to the program, including earning and use limits, as well as invalidation or expiration of credits. You may apply credits subject to the terms in which we grant the credit. Credits may expire prior to your use, cancelled at any time, or the terms of use modified, at no liability to, and under the sole discretion of Poshmark.
	7. Your Responsibilities
	You are solely responsible for all information, descriptions, pictures, listings, data, text, music, videos, media, comments, or any other materials (“Content”) that you upload, post, publish, transmit, or display (“Post”) via the Service. The following are examples of Content, Postings, or Use of the Service that is illegal or prohibited by Poshmark. Poshmark may investigate, take legal action, or perform any other action it deems necessary or warranted in managing the Service, Your Content, Posting, or Use, without limitation, including preservation of such information for investigative purposes.
	You agree to not use the service to (1) provide any Content, Postings, or otherwise that are unlawful, harmful, violent illegal, infringing on third party rights, objectionable, pornographic, libelous, invasive, encouraging money laundering, gambling or any other unlawful or unwarranted behavior. (2) violate any law, rule, or regulation, including any anti-spam, data privacy, or other restriction that may be applicable to Your use of the Service (3) create any derivative works or reviser engineer any part of the Service, or put unreasonable load on the Service infrastructure or disrupts the networks connected to the Service (4) promote any illegal activity or enterprise (5) stalk, harass, bully, impersonate or solicit information from anyone, especially those that are under the age of 18 (6) copy, scrape, harvest or use automated systems to collect contact information from the Service for use outside of those intended by this Terms of Service (7) to sell or transmit anything you don’t have a right to sell or transmit under law or existing relationship (8) pose a privacy or security risk (9) infringe on anyone’s intellectual property (10) spam any users with email, junk mail, fraud, schemes, or the like (11) transmit or upload viruses, worms, or interfere with the Service, or (12) take any action or inaction which Poshmark, in its sole judgement, believes is questionable or could cause harm or liability.
	8. Your Content
	As Users of Our Services, all information, including items, messages, offers, purchases, sales, etc. that You post, transmit, or submit through Our Services (“Content”) is intended to be shared with other Users. By submitting any Content to us, You hereby represent and warrant that You own all rights to the Content or, alternatively, that You have the right to give us the license described below, including the correct and legal permissions and consents for any personally identifiable information you may provide to, or upload by way of, the Poshmark Service(s). By posting or otherwise transmitting any User Content you hereby grant and will grant to Poshmark and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicenseable, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify, make derivative works of and otherwise use in any manner your User Content in connection with the operation of the Service or any other products or services of Poshmark, or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed (including without limitation publishing your User Content on the Internet or on Third Party Services such as Facebook, sharing it with blogs, etc., and allowing other users to share listings that include your User Content). You further represent and warrant that the Content does not infringe on the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party. We are not under any obligation to review any Content posted by Our Users on Our Services, although We reserve the right to do so with or without notice, to prevent or rectify any alleged violations of this Agreement or any applicable law. We reserve all defenses made available to us by the Communications Decency Act and any other applicable laws, rules, or regulations. We may refuse to accept or display the Content, and may remove or delete all or any portion of the Content at any time. You understand that Poshmark is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, and that such Content is not the responsibility of Poshmark. You further understand and acknowledge that You may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against the Poshmark Parties with respect thereto. Any and all Content You upload is not considered confidential by Poshmark, will be treated as public information, and You agree and understand is intended to be shared with other users of our Services as well as third parties, all in Poshmark’s sole discretion, and Poshmark has no control or liability over what other users do with your Content. You understand and agree that Poshmark will not be liable for any treatment of your Content as confidential and waive all rights with respect to any such claims of confidentiality. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service (“Submissions”), provided by you to Poshmark are non-confidential and Poshmark shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. If you do not agree that your Content will be considered public and will not be considered confidential, you must not use the Service.
	9. Intellectual Property Rights
	You acknowledge the Service contains images and descriptions that are third party content (“Service Content”) that is protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Poshmark retains all rights to Our intellectual property. You agree you will not copy, modify, scrape, distribute, create derivative works, or the like, or do or perform any other action with the Service Content or Poshmarks intellectual property that you are exposed to through our Service not explicitly authorized by this Agreement. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. All goodwill generated from the use of Poshmark Trademarks will inure to our exclusive benefit. Any rights not expressly granted herein are reserved by Poshmark. Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Poshmark.
	10. Infringement Policy
	Poshmark respects the intellectual property of others and ask that our Users do the same. Although Poshmark is under no obligation to do so, it will make all reasonable efforts to investigate notices of alleged infringement or violations of intellectual property laws and take actions regarding such infringement where applicable. If you believe your work has been copied in a way that constitutes infringement or your intellectual property rights have been violated, please provide our Copyright Agent with the following information: (1) confirmation you are owner, or authorized to represent owner of the intellectual property (2) description of your work (3) description of the infringing work, and (4) a statement that you believe use of the work is not authorized. If you work is removed due to infringement and You believe it is not infringing, please provide our Copyright Agent with (a) confirmation you are owner, or authorized to represent owner of intellectual property (b) identification of removed content and description, (c) statement of good faith regarding ownership of the intellectual property, (d) your contact information and a consent to submitting to federal courts located in the Northern District of California and a statement to accept service of process regarding the alleged infringement. Poshmark will endeavor to resolve counter-notices in 10 to 14 business days, and will provide the original complaining party an opportunity to seek a court order against the counter-claiming party, and in the event no order is sought, may allow the original content to be reposted. Please contact our Copyright Agent at [email protected] (Subject line: Takedown Request), or through mail:
			
	
Poshmark, Inc.
	Attn: Copyright Agent
	203 Redwood Shores Pkwy, 8th Floor
	Redwood City, CA 94065
		
11. Purchase and Sale Transactions
	- 		
- Risks, No Warranty. You assume certain risks in using a marketplace service such as Poshmark. Poshmark is not involved with, nor provides a warranty for, any transaction between Buyer and Seller, nor has title to any Items, and is not the Buyer or Seller in any transaction. You as a Buyer and/or Seller assume, agreement, and understand You bear all of the risks in selling or purchasing of items on the Service. 		
- Fees. Registering for the Service is free, however, Poshmark charges certain fees for various transactions through Your use of the Service as set forth in the Fee Policy. All amounts are quoted in US dollars unless otherwise stated. 		
- Prohibited items. 			
Poshmark prohibits the listing or sale of any Item that is illegal to sell under any applicable law, statute, ordinance, or regulation, including, without limitation, Items listed in our Prohibited Items Policy.Poshmark prohibits the listing or sale of counterfeit items.Please refer to our Posh Authenticate policy for further information.
		 		 - Sellers. You agree that You have all rights necessary to sell the Items you make available, and will describe such Items truthfully, accurately, and completely. 		
- Buyers. You are solely responsible for reading and reviewing the Item listing before making an offer or purchasing. The contract to purchase is between You and the Seller, not Poshmark. 		
- Purchases. Buyers may offer to purchase Items from Sellers, and once accepted, this is considered a purchase, and a binding contract. Upon purchasing an Item, a Buyer is obligated to remit payment for the Item to Poshmark including any shipping or additional fees listed. Poshmark is not an auctioneer, nor is it a Seller or carrier. Service includes pricing, listing, and shipping assistance, but Poshmark is not a Buyer or Seller of Items. Poshmark may delay any Purchase for purposes of fraud detection or to protect users from other illegal or wrongful activities. All Purchases are final, with no returns, refunds, cancellations, or retractions allowed, except where (a) Buyer cancels an order within three (3) hours of purchase, or (b) the Purchase is cancelled where explicitly permitted by Poshmark or where applicable, a Seller. 		
- Shipping. 			
Poshmark will provide Seller with a prepaid shipping label to send the Item to the Buyer (Poshmark reserves the right to discontinue providing Labels to any or all users at any time and for any reason). Seller must then deliver Item to Buyer. Seller must ship Item within three (3) days of receipt of the label, if Seller does not ship the Item We will notify Seller and provide a set amount of time for shipping before the order will be cancelled. When using a label Seller must only use label to ship applicable item, is fully responsible for contents of parcel, comply with all terms and comply with all conditions of the shipping carrier. Title transfers to Buyer upon shipment. If an Item is lost, damaged, late, or arrives not as expected to Buyer, Buyer must report issue to Poshmark three (3) days after delivery. Once Buyer confirms receipt and acceptance of Item, either by affirmatively notifying Poshmark or failing to notify Poshmark within three (3) days of delivery (as determined by tracking information), Poshmark will credit Seller’s account with amount equal to Purchase price, minus taxes, Poshmark’s commission, and any applicable fees (the “Funds”) set forth in our Fee Policy. Funds may be redeemed by Seller through Poshmark’s permitted third party payment provider(s), or used by the Seller to purchase items listed by other Sellers through the Service.
		 		 - Taxes. Purchased items may be subject to applicable taxes in your jurisdiction, which Poshmark will collect from Buyers on behalf of Sellers where obligated to do so, and in the event taxes are collected and Poshmark is legally obligated to do so, remit such taxes to applicable taxing authorities on behalf of Sellers. Note that taxes are not included in the listed price for Items, but will be displayed before confirmation of purchase. Sellers registered for GST/HST and/or QST in Canada must designate Poshmark as your billing agent. Use of credits may modify taxes that apply to a Buyer’s order. Taxes may be estimated based on offers made on Items, but are subject to change if final sale price is different than original offer. Taxes are based on several factors, including price, location, and state, local, federal, or other applicable rates at time of purchase. Although we may assess taxes upon purchase or sale You are ultimately responsible for the verification and reporting of any and all applicable taxes to the appropriate tax authorities, including instances where Poshmark does not collect taxes on your behalf. 		
- Payments. Buyers may pay for Items using payment methods approved by Poshmark, and Poshmark will receive payment from Buyer on behalf of Seller. By submitting payment information to Poshmark You authorize Poshmark to store that information and with your confirmation, charge You for any Items purchased. 		
- Fee Modifications. 			
We may change or discontinue, temporarily or permanently, some or all fees for the Service, and such changes will be effective upon Our revision of the Fee Policy.
		 		 - Shipping Costs. Buyers are responsible for any shipping costs (as detailed in the Fee Policy) incurred with respect to their purchased Item. 		
- 			
Returns. Poshmark may allow you to return an Item in limited circumstances. If the Item you receive is not as described on the Service, then you may request a return by reporting the issue through the Service or by emailing [email protected], in each case within three days after delivery (as determined by the tracking information on the Label) of the Item.
		 	
12. Disclaimer of Warranties
	YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, POSHMARK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
	TO THE MAXIMUM EXTENT PERMITTED BY LAW, POSHMARK MAKES NO WARRANTY THAT (I) YOU WILL BE ABLE TO SELL OR PURCHASE ANY ITEMS THROUGH THE SERVICE OR THAT THE SERVICE WILL OTHERWISE MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY GOODS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
	POSHMARK MAKES NO GUARANTEE REGARDING THE AUTHENTICITY, QUALITY, SAFETY, OR LEGALITY OF ANY ITEMS OFFERED OR SOLD, NOR THE TRUTH OR ACCURACY OF ANY LISTINGS, OR ABILITY OF BUYERS AND SELLERS TO TRANSACT ANY BUSINESS ON THE PLATFORM.
	13. Limitations on Liability
	Poshmark is not liable for (1) any Content posted on Our Services; (2) purchases, sales, or other obligations that may arise between Users; (3) any damages that result through Your use of Our Services; (4) any negative or critical comments that may be posted by other Users through the Services; (5) any of the Third Party Service(s) You may be provided pursuant to Your use of the Services; (6) any third party personally identifiable information you upload or provide to Poshmark pursuant to the Services (7) any cost of substitute goods or services.
	You are solely responsible for your interactions with other users, including any purchase or sale transactions. You agree Poshmark will have no liability or responsibility with respect to such interactions, purchases, or sales. Poshmark reserves the right but is under no obligation to become involved in any dispute between You and another user.
	TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL POSHMARK BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, WHETHER OR NOT POSHMARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE, ON ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT INCLUDING NEGLIGENCE, OR HOWSOEVER OTHERWISE) ARISING OUT OF, IN CONNECTION WITH, OR RESULTING FROM (1) THE USE OR INABILITY TO USE THE SERVICES; (2) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (3) ANY OTHER MATTER RELATED TO THE SERVICES.
	TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL POSHMARK BE LIABLE TO A USER, REGARDLESS OF WHETHER THE CLAIM IS BASED IN CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, FOR MORE THAN THE GREATER AMOUNT OF (1) COMMISSIONS THAT YOU HAVE PAID TO POSHMARK AS A SELLER IN THE LAST SIX (6) MONTHS, OR, (2) ONE HUNDRED U.S. DOLLARS (USD $100).
	THE LIMITATIONS OF THIS SECTION WILL NOT APPLY TO ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW. Our licensors and service providers will have no liability of any kind under this Agreement. Unless such restriction is prohibited by applicable law, You may not bring any claim under this Agreement more than twelve (12) months after the cause of action arises.
	14. Indemnity
	You agree to release, defend, indemnify and hold Poshmark, its affiliates and employees (collectively, “Indemnitees”) harmless from any legal claim or demand (including reasonable attorney fees) that arises from Your actions (or inactions), Your use (or misuse) of our Services, Your breach of the Terms, or You and Your accounts infringement of someone else’s rights. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
	15. Mobile Services
	When you access the Service through a mobile device, you may incur a fee for data usage or other associated costs from your wireless provider. You agree that You are solely responsible for Your use of the Service on your mobile device and adherence to your wireless provider’s terms and conditions.
	16. Apple-Enabled Software Applications
	Poshmark offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”). With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms, the following terms and conditions apply:
	- 		
- Poshmark and you acknowledge that these Terms are concluded between Poshmark and you only, and not with Apple, and that as between Poshmark and Apple, Poshmark, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof. 		
- You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms. 		
- Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iPhone OS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms. 		
- Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple- Enabled Software. 		
- Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Poshmark’s sole responsibility, to the extent it cannot be disclaimed under applicable law. 		
- Poshmark and you acknowledge that Poshmark, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. 		
- In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Poshmark and Apple, Poshmark, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. 		
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. 		
- 			
If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to Poshmark by e-mail to [email protected].
		 	
Poshmark and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms with respect to the Apple-Enable Software, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you with respect to the Apple-Enable Software as a third party beneficiary thereof.
	17. General
	17.1 Governing Law
	Each party will comply with all laws, rules, and regulations applicable to this Agreement. This Agreement shall be governed by the laws of the State of California without giving effect to its principles regarding conflicts of law. All disputes shall be resolved exclusively in state or federal court in San Mateo County, California. You acknowledge that the Services are of United States origin and agree to comply with all export laws and regulations of the United States.
	17.2 Dispute Resolution, Arbitration Agreement
	PLEASE READ THIS SECTION CAREFULLY.
	Poshmark is always interested in resolving disputes amicably and efficiently. If you have any concerns or disputes please email customer support at [email protected]. Any unresolved dispute shall be settled by binding and confidential arbitration, notice of which must be sent by You to Poshmark, per the Notice provision set forth herein, and describe the nature of the claim and relief sought. If resolution is not reached within sixty (60) calendar days You or Poshmark may commence an arbitration proceeding. The arbitration will be conducted in a forum convenient to both parties, and if the claims involved total less than US$10,000, then will be conducted through document submission or telephonic hearing unless in person arbitration is legally required. Arbitration shall be subject to the Federal Arbitration Act, or applicable binding arbitration in your jurisdiction. The arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if applicable, the Supplementary Procedures for Consumer Related Disputes. If the value of the relief sought is USD $10,000 or less, at your request, Poshmark will pay all Arbitration Fees. Notwithstanding the foregoing, the Company may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction. YOU ARE HEREBY GIVING UP YOUR RIGHT TO GO TO COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT. Any claims brought by you must be bought in an individual capacity, not as a class member in any representative proceeding. An arbitrator may not consolidate individuals’ claims. The arbitrator will not have authority to award damages in excess of the amount allowed by this Agreement. The arbitrator also shall be authorized to grant any equitable remedy or relief it deems just and equitable and within the scope of the Agreement. All aspects of the proceeding, ruling, decision, or award will be considered confidential between the parties. The arbitration award shall be final and binding upon the parties without appeal or review except as permitted by California law or United States federal law. This Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, provincial or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. Notwithstanding anything to the contrary herein, any change made to this Arbitration Agreement may be rejected by You within thirty (30) calendar days of such change, and in the event of such rejection, the terms of the original Arbitration Agreement language will apply.
	17.3 Severability, Headings, Non-waiver
	The unenforceability of any provision of this Agreement will not affect the enforceability of any other provision. If any provision of this Agreement is deemed to conflict with another, Poshmark will have the sole right to elect which provision remains in force. Headings are provided for convenience only. We reserve all rights under applicable law. Our non-enforcement of any provision of this Agreement or under applicable law will not be construed as Our waiver of any enforcement rights under the same or different circumstances at any time in the future.
	17.4 Modifications
	THIS AGREEMENT AND THE SERVICES DESCRIBED HEREIN ARE SUBJECT TO CHANGE BY POSHMARK IN ITS SOLE DISCRETION AT ANY TIME. Poshmark may modify or discontinue the service with or without notice. Poshmark is not liable to You or any third party for any such modification or discontinuation. When changes are made to this Agreement, We will make a new copy of the Agreement available by posting on Our Site or through the Services. We will also update the "Last Revised" date at the top of the Agreement. If We make any material changes, and You have registered to use the Services, We may also notify you via email or through the Services. Changes will be effective immediately for new users and will be effective ten (10) days after posting notice of such changes on the Site for existing users. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) the Service.
	17.5 Termination
	We may suspend or terminate the Services or Your account at Our discretion without explanation, notice, and liability to Poshmark including removing and discarding any items or content within the Service, for any reason, though We will strive to provide a timely explanation. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. You may terminate this Agreement by closing Your account for the Service. Poshmark will not have any liability whatsoever to You for any suspension or termination. All provisions of this Agreement which by their nature should survive termination shall survive termination, including ownership, success fees, warranty disclaimers, indemnity and limitations of liability.
	17.6 Export Controls and Laws
	All Software and Services may be subject to export control laws in your applicable jurisdiction. You agree that you will not, and are solely responsible for any violation of, such export control laws. Download and use of software, including where You use, is Your responsibility and at Your own risk.
	17.7 Electronic Communication, Documentation
	When you use the Service or send e-mails to us, you are agreeing to communicate with us electronically. This Agreement and any other documents reference herein will be considered a “writing” or “in writing” to comply with applicable legal requirements, and are legally enforceable between the parties. Printed versions of this Agreement and the documents referenced herein will be admissible in any legal proceeding
	17.8 Notices
	You agree We will provide notices and messages to You within the Services, or if required, via email or regular mail. You may provide Poshmark notice and will be deemed provided once received by Poshmark, addressed via mail to the address noted in the Questions, Comments section below.
	17.9 Questions, Comments
	Please contact us with any questions, comments, or to report a violation of this Agreement:
			
	
Poshmark Inc.
	203 Redwood Shores Pkwy, 8th Floor
	Redwood City, CA 94065
			
18. Geographic Specific Provisions
	18.1 Users in California
	Notwithstanding anything to the contrary in the rest of the Agreement, the following takes precedence with respect to Users in California:
	18.1.1 California Civil Code. Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
	18.2 Users in Canada
	Notwithstanding anything to the contrary in the rest of the Agreement, the following takes precedence with respect to Users in Canada:
	18.2.1 Arbitration. The Arbitration Act, RSBC 1996, c. 55 (the “Act”) governs the interpretation and enforcement of the Arbitration Agreement and any reference to the American Arbitration Association (“AAA”) is deemed replaced with the British Columbia International Commercial Arbitration Centre (“BCICAC”). If there is an inconsistency between the Arbitration Agreement and the Act, the Arbitration Agreement will prevail.
	18.2.2 Governing Law. These Terms shall be governed by the laws of the Province of British Columbia without regard to its conflict of law provisions, and you agree to the personal and exclusive jurisdiction of and venue in the provincial courts in Vancouver, British Columbia and waive any objection to such jurisdiction or venue.
	18.2.3 Language of Terms. English shall be the language of these Terms and the parties waive any right to use and rely upon any other language or translations. Il est la volonté expresse des parties que les présentes Conditions d’utilisation et tous les documents qui s’y rapportent soient rédigés en langue anglaise, exception faite des documents pour lesquels la loi exige l’usage exclusif du français.
	18.3 Users in India
	Notwithstanding anything to the contrary in the rest of the Agreement, the following takes precedence with respect to Users in India:
	18.3.1 Grievances. Any discrepancies or grievances with regard to content and or comment or breach of the Terms and Conditions shall be taken up with the designated Grievance Officer as mentioned below via in writing or through email signed with the electronic signature to:
		Attention: Evan Ferl
Email ID: [email protected]		Address: 203 Redwood Shores Pkwy Floor 8, Redwood City, CA 94065
				
18.3.2 Mediation. Any unresolved dispute shall be settled by binding and confidential mediation as permittable by applicable law.
	18.3.3 Governing Law. These Terms and Conditions shall be governed by and construed in accordance with the laws of India without regard to the conflict of law provisions thereof. All claims, differences and disputes arising under or in connection with or in relation hereto the Platform or Service, the Terms or any transactions entered into on or through the Platform or Service shall be subject to the exclusive jurisdiction of the courts of New Delhi, India and you hereby accede to and accept the jurisdiction of such courts.
	18.3.4 Metrology. Poshmark may provide forms and required fields to comply with Sellers obligations under metrology laws. Sellers are responsible for the accuracy of key metrology items such as country of origin, manufacturer name, sizing information and any other relevant details that enable purchasers to make informed decisions prior to making a purchase in accordance with the Legal Metrology Act and Consumer Protection Rules. The ultimate responsibility is on the Seller to correctly identify their items in accordance to all local laws and regulations.
	18.3.5 E-Way Bill. For all items sold, Users agree to comply with local laws and regulations. Users are responsible for generating E-Way Bills and may incur certain regulatory or tax implications.
	18.4 Users in Australia
	Notwithstanding anything to the contrary in the rest of the Agreement, the following takes precedence with respect to Users in Australia:
	18.4.1 Arbitration. The ACICA Arbitration Rules govern the interpretation and enforcement of the Arbitration Agreement and any reference to the American Arbitration Association (“AAA”) is deemed replaced with the ACICA (“ACICA”). If there is an inconsistency between the Arbitration Agreement and the Act, the Arbitration Agreement will prevail.
	18.4.2 Governing Law. These Terms shall be governed by the laws of New South Whales without regard to its conflict of law provisions, and you agree to the personal and exclusive jurisdiction of and venue in the courts of Sydney, New South Whales and waive any objection to such jurisdiction or venue.
Effective September 7th 2022 to September 7th 2022
DownloadTable of Contents
TERMS OF SERVICE
Last Revised 6/7/2021
1. Introduction
Welcome! You are entering into this Agreement with Poshmark, Inc., if you reside in Canada, Poshmark Canada, Inc. or if you reside in Australia, Poshmark PTY LTD (as applicable “Poshmark”, “We”, “Our”, or “Us”). When You (individually, or the entity that You represent, each a “User”) access Our Services, You are agreeing to the Terms of Service (the “Agreement”) below. By accessing the Services, You agree to be bound by this Agreement, and any additional terms referenced herein, including Our Privacy Policy which sets out the terms in which We process any Personal Data collected from You, or provided to Us. If You do not agree to this Agreement, or any additional terms referenced herein, You must not access the Service. In agreeing, You also represent that You have the authority to bind Yourself and/or the company You represent. Capitalized terms are as defined throughout this Agreement. As we may modify any terms herein at any time You should periodically visit this page to review all current terms.
Please read these terms carefully as they contain, to the extent legally allowable in your jurisdiction, an agreement to arbitrate as well as other important legal rights, remedies, and information.
2. Services
This Agreement applies to all Poshmark services, including the Poshmark mobile app (on any and all formats or devices), and the websites located at https://www.poshmark.com, https://www.poshmark.ca, https://www.poshmark.com.au, and https://www.poshmark.in (collectively, the “Service(s)”). The Service provides an online social marketplace where Users can list and sell items (“Items”). Users who purchase Items are called “Buyers”, and Users who sell Items are called “Sellers”. Users may be both Buyers and Sellers on the Service. In using the Service Buyers and Sellers enter into a contract for the sale and purchase of Items directly between themselves, and Poshmark is not a party to such sale or purchase.
There are risks that you assume when dealing with others, and these risks are borne by You alone, and not Poshmark. You are solely responsible for your evaluation of, and decision to use, the Service, Buy, Sell, or transact any business or communications on the Service, and will be liable for all of Your actions on the Service.
3. Registration
You are responsible for Your use of the Service, and any use of the Service made using Your account. The personal information You provide to us is governed by the Privacy Policy . You acknowledge Poshmark may establish policies and practices concerning use of the Service, including policies that may delete or remove content or data, terminate inactive accounts, and any other policies and practices in Poshmark’s business interest. You further acknowledge that Poshmark reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. The Service is not available to minors (people under the age of majority in their state or province of residence), except in the limited circumstances outlined in our Privacy Policy. If You are under the age of 16, please see our Privacy Policy. The service is not available to temporarily or permanently suspended members of the Service. Poshmark reserves the right to refuse access to the Service, or terminate the account of any User, at its sole discretion and for any reason or no reason at all. You are responsible for maintaining the confidentiality of your password and account and will be fully responsible for any and all activities that occur under your account. You agree to immediately notify Us of any unauthorized use of Your account or any other breach of account security. Poshmark will not be liable for any loss or damage arising from your failure to comply with this Section.
4. Third Party Services
Poshmark may provide to You, or provide Your Content to, certain third party services or third party service providers (collectively, "Third Party Service(s)") which may also provide to You links to sites, email and telephone correspondence and other offers outside of the Poshmark network. Such Third Party Services are provided "AS IS" without indemnification, support, or warranty of any kind, and this Agreement does not apply to Your use of any such provided Third Party Services. You are responsible for evaluating whether You want to access or use such Third Party Services, and, in certain circumstances where required or applicable, may opt-out from such Third Party Services available outside of the Poshmark network, or may choose to not utilize such Third Party Services at any time. We reserve the right to suspend Third Party Services at any time. You should review any applicable terms and/or privacy policies of a Third Party Service before using it or sharing any information with it, because You may give the operator permission to use Your information outside of what You have agreed to herein. Poshmark is not responsible for, nor endorses any features, content, advertising, products or other materials on or available from such Third Party Services.
5. Third Party Material
Poshmark will not be liable in any way for (1) any items or content on the Service posted by third parties, other users, or at the direction of users (all, “Third Party Materials”), or (2) any errors, omissions, loss, or damage of any kind as a result of such Third Party Materials on the Service; and you acknowledge that Poshmark does not, and is under no obligation, to review, screen, or inspect any Third Party Materials on the Service, although Poshmark reserves the right to do so, and remove Third Party Materials at Our sole discretion. You agree that you bear all risk associated with the use, reliance, condition, accuracy, completeness, or usefulness of Third Party Materials.
6. Referrals and Credits
Poshmark may offer credits to existing users who refer new users to the Service (who have not previously used the Service) using the invite code provided by Poshmark to those existing users and may also make certain credits available to the new users who are referred by an existing user. The requirements to earn, the number of, and value of, these credits (if any) will be determined by Poshmark. Poshmark Credits or Posh Credits are not redeemable for cash or cash equivalents, and are non-transferrable or applicable to prior purchases and cannot be sold, made available to the general public, or acquired via public distribution. Suspended accounts are prohibited from using Posh Credits during suspension. Other restrictions may apply. We may cancel credits at any time, upon thirty (30) day notice to You. Poshmark may modify, update, or terminate this program without notice, and Poshmark reserves the right to enact any rules and regulations with respect to the program, including earning and use limits, as well as invalidation or expiration of credits. You may apply credits subject to the terms in which we grant the credit. Credits may expire prior to your use, cancelled at any time, or the terms of use modified, at no liability to, and under the sole discretion of Poshmark.
7. Your Responsibilities
You are solely responsible for all information, descriptions, pictures, listings, data, text, music, videos, media, comments, or any other materials (“Content”) that you upload, post, publish, transmit, or display (“Post”) via the Service. The following are examples of Content, Postings, or Use of the Service that is illegal or prohibited by Poshmark. Poshmark may investigate, take legal action, or perform any other action it deems necessary or warranted in managing the Service, Your Content, Posting, or Use, without limitation, including preservation of such information for investigative purposes.
You agree to not use the service to (1) provide any Content, Postings, or otherwise that are unlawful, harmful, violent illegal, infringing on third party rights, objectionable, pornographic, libelous, invasive, encouraging money laundering, gambling or any other unlawful or unwarranted behavior. (2) violate any law, rule, or regulation, including any anti-spam, data privacy, or other restriction that may be applicable to Your use of the Service (3) create any derivative works or reviser engineer any part of the Service, or put unreasonable load on the Service infrastructure or disrupts the networks connected to the Service (4) promote any illegal activity or enterprise (5) stalk, harass, bully, impersonate or solicit information from anyone, especially those that are under the age of 18 (6) copy, scrape, harvest or use automated systems to collect contact information from the Service for use outside of those intended by this Terms of Service (7) to sell or transmit anything you don’t have a right to sell or transmit under law or existing relationship (8) pose a privacy or security risk (9) infringe on anyone’s intellectual property (10) spam any users with email, junk mail, fraud, schemes, or the like (11) transmit or upload viruses, worms, or interfere with the Service, or (12) take any action or inaction which Poshmark, in its sole judgement, believes is questionable or could cause harm or liability.
8. Your Content
As Users of Our Services, all information, including items, messages, offers, purchases, sales, etc. that You post, transmit, or submit through Our Services (“Content”) is intended to be shared with other Users. By submitting any Content to us, You hereby represent and warrant that You own all rights to the Content or, alternatively, that You have the right to give us the license described below, including the correct and legal permissions and consents for any personally identifiable information you may provide to, or upload by way of, the Poshmark Service(s). By posting or otherwise transmitting any User Content you hereby grant and will grant to Poshmark and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicenseable, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify, make derivative works of and otherwise use in any manner your User Content in connection with the operation of the Service or any other products or services of Poshmark, or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed (including without limitation publishing your User Content on the Internet or on Third Party Services such as Facebook, sharing it with blogs, etc., and allowing other users to share listings that include your User Content). You further represent and warrant that the Content does not infringe on the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party. We are not under any obligation to review any Content posted by Our Users on Our Services, although We reserve the right to do so with or without notice, to prevent or rectify any alleged violations of this Agreement or any applicable law. We reserve all defenses made available to us by the Communications Decency Act and any other applicable laws, rules, or regulations. We may refuse to accept or display the Content, and may remove or delete all or any portion of the Content at any time. You understand that Poshmark is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, and that such Content is not the responsibility of Poshmark. You further understand and acknowledge that You may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against the Poshmark Parties with respect thereto. Any and all Content You upload is not considered confidential by Poshmark, will be treated as public information, and You agree and understand is intended to be shared with other users of our Services as well as third parties, all in Poshmark’s sole discretion, and Poshmark has no control or liability over what other users do with your Content. You understand and agree that Poshmark will not be liable for any treatment of your Content as confidential and waive all rights with respect to any such claims of confidentiality. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service (“Submissions”), provided by you to Poshmark are non-confidential and Poshmark shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. If you do not agree that your Content will be considered public and will not be considered confidential, you must not use the Service.
9. Intellectual Property Rights
You acknowledge the Service contains images and descriptions that are third party content (“Service Content”) that is protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Poshmark retains all rights to Our intellectual property. You agree you will not copy, modify, scrape, distribute, create derivative works, or the like, or do or perform any other action with the Service Content or Poshmarks intellectual property that you are exposed to through our Service not explicitly authorized by this Agreement. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. All goodwill generated from the use of Poshmark Trademarks will inure to our exclusive benefit. Any rights not expressly granted herein are reserved by Poshmark. Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Poshmark.
10. Infringement Policy
Poshmark respects the intellectual property of others and ask that our Users do the same. Although Poshmark is under no obligation to do so, it will make all reasonable efforts to investigate notices of alleged infringement or violations of intellectual property laws and take actions regarding such infringement where applicable. If you believe your work has been copied in a way that constitutes infringement or your intellectual property rights have been violated, please provide our Copyright Agent with the following information: (1) confirmation you are owner, or authorized to represent owner of the intellectual property (2) description of your work (3) description of the infringing work, and (4) a statement that you believe use of the work is not authorized. If you work is removed due to infringement and You believe it is not infringing, please provide our Copyright Agent with (a) confirmation you are owner, or authorized to represent owner of intellectual property (b) identification of removed content and description, (c) statement of good faith regarding ownership of the intellectual property, (d) your contact information and a consent to submitting to federal courts located in the Northern District of California and a statement to accept service of process regarding the alleged infringement. Poshmark will endeavor to resolve counter-notices in 10 to 14 business days, and will provide the original complaining party an opportunity to seek a court order against the counter-claiming party, and in the event no order is sought, may allow the original content to be reposted. Please contact our Copyright Agent at [email protected] (Subject line: Takedown Request), or through mail:
Poshmark, Inc.
Attn: Copyright Agent
203 Redwood Shores Pkwy, 8th Floor
Redwood City, CA 94065
11. Purchase and Sale Transactions
- Risks, No Warranty. You assume certain risks in using a marketplace service such as Poshmark. Poshmark is not involved with, nor provides a warranty for, any transaction between Buyer and Seller, nor has title to any Items, and is not the Buyer or Seller in any transaction. You as a Buyer and/or Seller assume, agreement, and understand You bear all of the risks in selling or purchasing of items on the Service.
- Fees. Registering for the Service is free, however, Poshmark charges certain fees for various transactions through Your use of the Service as set forth in the Fee Policy. All amounts are quoted in US dollars unless otherwise stated.
- Prohibited items.
Poshmark prohibits the listing or sale of any Item that is illegal to sell under any applicable law, statute, ordinance, or regulation, including, without limitation, Items listed in our Prohibited Items Policy.Poshmark prohibits the listing or sale of counterfeit items.Please refer to our Posh Authenticate policy for further information.
- Sellers. You agree that You have all rights necessary to sell the Items you make available, and will describe such Items truthfully, accurately, and completely.
- Buyers. You are solely responsible for reading and reviewing the Item listening before making an offer or purchasing. The contract to purchase is between You and the Seller, not Poshmark.
- Purchases. Buyers may offer to purchase Items from Sellers, and once accepted, this is considered a purchase, and a binding contract. Upon purchasing an Item, a Buyer is obligated to remit payment for the Item to Poshmark including any shipping or additional fees listed. Poshmark is not an auctioneer, nor is it a Seller or carrier. Service includes pricing, listing, and shipping assistance, but Poshmark is not a Buyer or Seller of Items. Poshmark may delay any Purchase for purposes of fraud detection or to protect users from other illegal or wrongful activities. All Purchases are final, with no returns, refunds, cancellations, or retractions allowed, except where (a) Buyer cancels an order within three (3) hours of purchase, or (b) the Purchase is cancelled where explicitly permitted by Poshmark or where applicable, a Seller.
- Shipping.
Poshmark will provide Seller with a prepaid shipping label to send the Item to the Buyer (Poshmark reserves the right to discontinue providing Labels to any or all users at any time and for any reason). Seller must then deliver Item to Buyer. Seller must ship Item within three (3) days of receipt of the label, if Seller does not ship the Item We will notify Seller and provide a set amount of time for shipping before the order will be cancelled. When using a label Seller must only use label to ship applicable item, is fully responsible for contents of parcel, comply with all terms and comply with all conditions of the shipping carrier. Title transfers to Buyer upon shipment. If an Item is lost, damaged, late, or arrives not as expected to Buyer, Buyer must report issue to Poshmark three (3) days after delivery. Once Buyer confirms receipt and acceptance of Item, either by affirmatively notifying Poshmark or failing to notify Poshmark within three (3) days of delivery (as determined by tracking information), Poshmark will credit Seller’s account with amount equal to Purchase price, minus taxes, Poshmark’s commission, and any applicable fees (the “Funds”) set forth in our Fee Policy. Funds may be redeemed by Seller through Poshmark’s permitted third party payment provider(s), or used by the Seller to purchase items listed by other Sellers through the Service.
- Taxes. Purchased items may be subject to applicable taxes in your jurisdiction, which Poshmark will collect from Buyers on behalf of Sellers where obligated to do so, and in the event taxes are collected and Poshmark is legally obligated to do so, remit such taxes to applicable taxing authorities on behalf of Sellers. Note that taxes are not included in the listed price for Items, but will be displayed before confirmation of purchase. Use of credits may modify taxes that apply to a Buyer’s order. Taxes may be estimated based on offers made on Items, but are subject to change if final sale price is different than original offer. Taxes are based on several factors, including price, location, and state, local, federal, or other applicable rates at time of purchase. Although we may assess taxes upon purchase or sale You are ultimately responsible for the verification and reporting of any and all applicable taxes to the appropriate tax authorities, including instances where Poshmark does not collect taxes on your behalf.
- Payments. Buyers may pay for Items using payment methods approved by Poshmark, and Poshmark will receive payment from Buyer on behalf of Seller. By submitting payment information to Poshmark You authorize Poshmark to store that information and with your confirmation, charge You for any Items purchased.
- Fee Modifications.
We may change or discontinue, temporarily or permanently, some or all fees for the Service, and such changes will be effective upon Our revision of the Fee Policy.
- Shipping. Buyers are responsible for any shipping costs (as detailed in the Fee Policy) incurred with respect to their purchased Item.
- Returns. Unless as otherwise provided herein, Poshmark does not allow returns. If an Item is not as described on the Service, you the Buyer, are required to initially attempt to resolve the issue with the Seller. In the event you are unable to resolve the issue, please report the issue through the Service or by emailing [email protected] within three days after determined delivery of the Item based off tracking information. Poshmark requires evidence of an attempted resolution. Poshmark shall have final determination regarding the accuracy of item descriptions and has the sole authority to determine whether a refund is or is not warranted. Buyer and Seller understand and agree that they will abide by any final determinations made by Poshmark in respect to any such issues and returns.
12. Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, POSHMARK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, POSHMARK MAKES NO WARRANTY THAT (I) YOU WILL BE ABLE TO SELL OR PURCHASE ANY ITEMS THROUGH THE SERVICE OR THAT THE SERVICE WILL OTHERWISE MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY GOODS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
POSHMARK MAKES NO GUARANTEE REGARDING THE AUTHENTICITY, QUALITY, SAFETY, OR LEGALITY OF ANY ITEMS OFFERED OR SOLD, NOR THE TRUTH OR ACCURACY OF ANY LISTINGS, OR ABILITY OF BUYERS AND SELLERS TO TRANSACT ANY BUSINESS ON THE PLATFORM.
13. Limitations on Liability
Poshmark is not liable for (1) any Content posted on Our Services; (2) purchases, sales, or other obligations that may arise between Users; (3) any damages that result through Your use of Our Services; (4) any negative or critical comments that may be posted by other Users through the Services; (5) any of the Third Party Service(s) You may be provided pursuant to Your use of the Services; (6) any third party personally identifiable information you upload or provide to Poshmark pursuant to the Services (7) any cost of substitute goods or services.
You are solely responsible for your interactions with other users, including any purchase or sale transactions. You agree Poshmark will have no liability or responsibility with respect to such interactions, purchases, or sales. Poshmark reserves the right but is under no obligation to become involved in any dispute between You and another user.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL POSHMARK BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, WHETHER OR NOT POSHMARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE, ON ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT INCLUDING NEGLIGENCE, OR HOWSOEVER OTHERWISE) ARISING OUT OF, IN CONNECTION WITH, OR RESULTING FROM (1) THE USE OR INABILITY TO USE THE SERVICES; (2) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (3) ANY OTHER MATTER RELATED TO THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL POSHMARK BE LIABLE TO A USER, REGARDLESS OF WHETHER THE CLAIM IS BASED IN CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, FOR MORE THAN THE GREATER AMOUNT OF (1) COMMISSIONS THAT YOU HAVE PAID TO POSHMARK AS A SELLER IN THE LAST SIX (6) MONTHS, OR, (2) ONE HUNDRED U.S. DOLLARS (USD $100).
THE LIMITATIONS OF THIS SECTION WILL NOT APPLY TO ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW. Our licensors and service providers will have no liability of any kind under this Agreement. Unless such restriction is prohibited by applicable law, You may not bring any claim under this Agreement more than twelve (12) months after the cause of action arises.
14. Indemnity
You agree to release, defend, indemnify and hold Poshmark, its affiliates and employees (collectively, “Indemnitees”) harmless from any legal claim or demand (including reasonable attorney fees) that arises from Your actions (or inactions), Your use (or misuse) of our Services, Your breach of the Terms, or You and Your accounts infringement of someone else’s rights. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
15. Mobile Services
When you access the Service through a mobile device, you may incur a fee for data usage or other associated costs from your wireless provider. You agree that You are solely responsible for Your use of the Service on your mobile device and adherence to your wireless provider’s terms and conditions.
16. Apple-Enabled Software Applications
Poshmark offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”). With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms, the following terms and conditions apply:
- Poshmark and you acknowledge that these Terms are concluded between Poshmark and you only, and not with Apple, and that as between Poshmark and Apple, Poshmark, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
- You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms.
- Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iPhone OS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms.
- Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple- Enabled Software.
- Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Poshmark’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
- Poshmark and you acknowledge that Poshmark, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Poshmark and Apple, Poshmark, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to Poshmark by e-mail to [email protected].
Poshmark and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms with respect to the Apple-Enable Software, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you with respect to the Apple-Enable Software as a third party beneficiary thereof.
17. General
17.1 Governing Law
Each party will comply with all laws, rules, and regulations applicable to this Agreement. This Agreement shall be governed by the laws of the State of California without giving effect to its principles regarding conflicts of law. All disputes shall be resolved exclusively in state or federal court in San Mateo County, California. You acknowledge that the Services are of United States origin and agree to comply with all export laws and regulations of the United States.
17.2 Dispute Resolution, Arbitration Agreement
PLEASE READ THIS SECTION CAREFULLY.
Poshmark is always interested in resolving disputes amicably and efficiently. If you have any concerns or disputes please email customer support at [email protected]. Any unresolved dispute shall be settled by binding and confidential arbitration, notice of which must be sent by You to Poshmark, per the Notice provision set forth herein, and describe the nature of the claim and relief sought. If resolution is not reached within sixty (60) calendar days You or Poshmark may commence an arbitration proceeding. The arbitration will be conducted in a forum convenient to both parties, and if the claims involved total less than US$10,000, then will be conducted through document submission or telephonic hearing unless in person arbitration is legally required. Arbitration shall be subject to the Federal Arbitration Act, or applicable binding arbitration in your jurisdiction. The arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if applicable, the Supplementary Procedures for Consumer Related Disputes. If the value of the relief sought is USD $10,000 or less, at your request, Poshmark will pay all Arbitration Fees. Notwithstanding the foregoing, the Company may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction. YOU ARE HEREBY GIVING UP YOUR RIGHT TO GO TO COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT. Any claims brought by you must be bought in an individual capacity, not as a class member in any representative proceeding. An arbitrator may not consolidate individuals’ claims. The arbitrator will not have authority to award damages in excess of the amount allowed by this Agreement. The arbitrator also shall be authorized to grant any equitable remedy or relief it deems just and equitable and within the scope of the Agreement. All aspects of the proceeding, ruling, decision, or award will be considered confidential between the parties. The arbitration award shall be final and binding upon the parties without appeal or review except as permitted by California law or United States federal law. This Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, provincial or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. Notwithstanding anything to the contrary herein, any change made to this Arbitration Agreement may be rejected by You within thirty (30) calendar days of such change, and in the event of such rejection, the terms of the original Arbitration Agreement language will apply.
17.3 Severability, Headings, Non-waiver
The unenforceability of any provision of this Agreement will not affect the enforceability of any other provision. If any provision of this Agreement is deemed to conflict with another, Poshmark will have the sole right to elect which provision remains in force. Headings are provided for convenience only. We reserve all rights under applicable law. Our non-enforcement of any provision of this Agreement or under applicable law will not be construed as Our waiver of any enforcement rights under the same or different circumstances at any time in the future.
17.4 Modifications
THIS AGREEMENT AND THE SERVICES DESCRIBED HEREIN ARE SUBJECT TO CHANGE BY POSHMARK IN ITS SOLE DISCRETION AT ANY TIME. Poshmark may modify or discontinue the service with or without notice. Poshmark is not liable to You or any third party for any such modification or discontinuation. When changes are made to this Agreement, We will make a new copy of the Agreement available by posting on Our Site or through the Services. We will also update the "Last Revised" date at the top of the Agreement. If We make any material changes, and You have registered to use the Services, We may also notify you via email or through the Services. Changes will be effective immediately for new users and will be effective ten (10) days after posting notice of such changes on the Site for existing users. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) the Service.
17.5 Termination
We may suspend or terminate the Services or Your account at Our discretion without explanation, notice, and liability to Poshmark including removing and discarding any items or content within the Service, for any reason, though We will strive to provide a timely explanation. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. You may terminate this Agreement by closing Your account for the Service. Poshmark will not have any liability whatsoever to You for any suspension or termination. All provisions of this Agreement which by their nature should survive termination shall survive termination, including ownership, success fees, warranty disclaimers, indemnity and limitations of liability.
17.6 Export Controls and Laws
All Software and Services may be subject to export control laws in your applicable jurisdiction. You agree that you will not, and are solely responsible for any violation of, such export control laws. Download and use of software, including where You use, is Your responsibility and at Your own risk.
17.7 Electronic Communication, Documentation
When you use the Service or send e-mails to us, you are agreeing to communicate with us electronically. This Agreement and any other documents reference herein will be considered a “writing” or “in writing” to comply with applicable legal requirements, and are legally enforceable between the parties. Printed versions of this Agreement and the documents referenced herein will be admissible in any legal proceeding
17.8 Notices
You agree We will provide notices and messages to You within the Services, or if required, via email or regular mail. You may provide Poshmark notice and will be deemed provided once received by Poshmark, addressed via mail to the address noted in the Questions, Comments section below.
17.9 Questions, Comments
Please contact us with any questions, comments, or to report a violation of this Agreement:
Poshmark, Inc.
203 Redwood Shores Pkwy, 8th Floor
Redwood City, CA 94065
18. Geographic Specific Provisions
18.1 Users in California
Notwithstanding anything to the contrary in the rest of the Agreement, the following takes precedence with respect to Users in California:
18.1.1 California Civil Code. Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
18.2 Users in Canada
Notwithstanding anything to the contrary in the rest of the Agreement, the following takes precedence with respect to Users in Canada:
18.2.1 Arbitration. the Arbitration Act, RSBC 1996, c. 55 (the “Act”) governs the interpretation and enforcement of the Arbitration Agreement and any reference to the American Arbitration Association “AAA”) is deemed replaced with the British Columbia International Commercial Arbitration Centre (“BCICAC”). If there is an inconsistency between the Arbitration Agreement and the Act, the Arbitration Agreement will prevail.
18.2.2 Governing Law. These Terms shall be governed by the laws of the Province of British Columbia without regard to its conflict of law provisions, and you agree to the personal and exclusive jurisdiction of and venue in the provincial courts in Vancouver, British Columbia and waive any objection to such jurisdiction or venue.
18.2.3 Language of Terms. English shall be the language of these Terms and the parties waive any right to use and rely upon any other language or translations. Il est la volonte expresse des parties que les presentes Conditions d’utilisation et tous les documents qui s’y rapportent soient rediges en langue anglaise, exception faite des documents pour lesquels la loi exige l’usage exclusif du frangais.
18.3 Users in India
Notwithstanding anything to the contrary in the rest of the Agreement, the following takes precedence with respect to Users in India:
18.3.1 Grievances. Any discrepancies or grievances with regard to content and or comment or breach of the Terms and Conditions shall be taken up with the designated Grievance Officer as mentioned below via in writing or through email signed with the electronic signature to:
Attention: Adam Schlosser
Email ID: [email protected]Address: 203 Redwood Shores Pkwy Floor 8, Redwood City, CA 94065
18.3.2 Mediation. Any unresolved dispute shall be settled by binding and confidential mediation as permittable by applicable law.
18.3.3 Governing Law. These Terms and Conditions shall be governed by and construed in accordance with the laws of India without regard to the conflict of law provisions thereof. All claims, differences and disputes arising under or in connection with or in relation hereto the Platform or Service, the Terms or any transactions entered into on or through the Platform or Service shall be subject to the exclusive jurisdiction of the courts of New Delhi, India and you hereby accede to and accept the jurisdiction of such courts.
18.3.4 Metrology. Poshmark may provide forms and required fields to comply with Sellers obligations under metrology laws. Sellers are responsible for the accuracy of key metrology items such as country of origin, manufacturer name, sizing information and any other relevant details that enable purchasers to make informed decisions prior to making a purchase in accordance with the Legal Metrology Act and Consumer Protection Rules. The ultimate responsibility is on the Seller to correctly identify their items in accordance to all local laws and regulations.
18.3.5 E-Way Bill. For all items sold, Users agree to comply with local laws and regulations. Users are responsible for generating E-Way Bills and may incur certain regulatory or tax implications.
18.4 Users in Australia
Notwithstanding anything to the contrary in the rest of the Agreement, the following takes precedence with respect to Users in Australia:
18.4.1 Arbitration. The ACICA Arbitration Rules govern the interpretation and enforcement of the Arbitration Agreement and any reference to the American Arbitration Association (“AAA”) is deemed replaced with the ACICA (“ACICA”). If there is an inconsistency between the Arbitration Agreement and the Act, the Arbitration Agreement will prevail.
18.4.2 Governing Law. These Terms shall be governed by the laws of New South Whales without regard to its conflict of law provisions, and you agree to the personal and exclusive jurisdiction of and venue in the courts of Sydney, New South Whales and waive any objection to such jurisdiction or venue.
Privacy Policy
Effective February 4th 2024
DownloadTable of Contents
- Scope
- What Data We Collect
- How We Use Your Data
- How We Share the Information We Collect
- How We Store and Maintain the Information We Collect
- Legal Basis for Processing Your Information
- Your Rights and Choices (including Region-Specific Information)
- Additional Information
- Information You Provide to Us Directly: We collect information about you when you provide it directly to us as part of our Services, such as when you register for an account, set brand, style, and other preferences, and participate in any interactive feature, survey, promotion, or event. This information may include your name, address, phone number, email, username, sizing, social media accounts, gender, age, education history, and any other personal data you may provide.
- Information You Provide when Using Our Services and Interacting with Other Users: We collect information and content when you create closets and listings, post stories, participate in a Posh Show, make purchases, search for items, and comment or otherwise interact with listings, closets, or other users. This includes any pictures, video and audio clips, closet descriptions, search terms, information about items you have listed, sold, or purchased, and any interaction with users and listings, such as likes, comments, replies, and offers.When you buy and sell on Poshmark, we will need to collect payment and billing information, such as credit card and bank account information to complete the transaction.
- Information You Provide through Our Support Channels: We collect information when you contact Poshmark and our customer support for any reason, such as asking questions and sharing feedback, issues, or problems. You may be asked to provide contact information, a summary of the problem you are experiencing, and any other documentation, screenshots or information that would be helpful in resolving an issue.
- Information You Provide when Verifying Your Identity: Identity verification may be required for fraud prevention and compliance purposes. We may collect certain identification information, such as driver’s license information, social security number, and passport number to verify your identity. We may also ask to verify your identity using photo verification.
- Information We Collect Automatically when You Use the Services: We collect information about you when you use our Services, including when browsing or taking certain actions within the Services. This includes information about the features you may use, links or pages you click on, pages viewed, search and browsing history, IP address and device data (e.g. operating system, version, model, identifiers, etc.), referring and exit pages, and other analytics data about your usage or our Services.Cookies and other tracking technologies:We, our service providers, and other third-party partners may collect information such as device data, IP address, hashed emails, transaction data (such as order value) and online activity data through automated means such as cookies, web beacons, software development kits (SDKs), tracking URLs, and similar technologies. Cookies are used to store and receive identifiers and other information, such as the name of the domain from which the cookie originated and when the cookie expires. Cookies and similar technologies may enable Poshmark, as well as parties other than Poshmark, to collect information through our Services.We and the companies we work with may use cookies and similar technologies to improve the functionality and user experience of our Services, gather and store information about user preferences and past actions, perform analytics, detect fraud, measure our ad conversion and performance, optimize our ad campaigns, customize your experience, and bring you ads through interest-based advertising. Interest-based advertising enables us to provide you with more relevant advertising about products and services based on the information we and other parties may collect about your online activities over time and across different websites. For example, you can learn how Google collects and uses information when we use their services (including Google Analytics) and how Connexity and Taboola use cookies and similar technologies to optimize ads and recommend content to you.Most browsers will allow you to control cookies through the browser settings. View your browser developer’s support center, help menu, or website to learn whether or how you can manage cookies on your browser. Please note that, without cookies, you may not be able to use some or all of the features on or functionality of our Services.Our Service currently does not respond to “Do Not Track” (DNT) signals.To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.
- Information We Collect from Social Media Platforms: You can connect your social media or other third-party account to your Poshmark account, such as Facebook, Twitter, Instagram, Pinterest, or Snapchat. If you choose to connect your social media accounts to our Services, we may collect information about you from these accounts, such as username, friend or following lists, and other profile information.
- Information about Others: Prior to sharing any information about others for any purpose through the Service, you must satisfy any consents or other applicable legal and regulatory requirements. This includes, but is not limited to, the information or images you provide about any third parties on comments, listings, Posh Stories, or Posh Shows.
- Personalize your experience. For example, we use your information, including profile, search, likes, and purchase histories, to suggest items, closets, offers, features, or events that we think you might enjoy. We may use the data collected through cookies and other tracking technologies (if enabled) to remember information so that you will not have to re-enter it during your visit or the next time you visit the site and to provide custom, personalized content and information.
- Process and fulfill orders. This includes sharing your contact and shipping information with sellers and our shipping partners.
- Provide you with customer support, communications, updates, promotions, announcements, and other news about relevant features and aspects of our Services. For example, we may send you communications responding to customer support questions, providing information about transactions, or notifying about user engagement. You may adjust your notification preferences through our app or website, or follow any opt-out instructions provided with the communication (e.g. at the bottom of an email).
- Improve safety, security, and integrity and prevent fraud. This includes investigating suspicious activity, preventing the sale of counterfeit items, and fulfilling anti-money laundering and know-your-customer obligations. We use information about you to verify accounts and activity, to monitor suspicious or fraudulent activity, and to identify violations of our Services’ terms and policies.
- Enable social features such as connecting you with other users.
- Provide, analyze and improve the Services. This also includes research and development and creation of new features and may involve creating anonymous and aggregated data.
- For advertising and marketing purposes. Depending on your location and any applicable rights or choices you may have exercised, this may include providing you with advertising and marketing related to our Services, measuring our ad performance and conversion, optimizing our ad campaigns, and showing you personalized and non-personalized ads on or off of the Services.
- Where we believe it is necessary to fulfill or protect our legal rights, interests, and protect the interests of others. This includes complying with relevant laws, regulation, or other obligations in connection with legal claims, audit functions, an acquisition, merger, or sale of a business.
- With your consent: We may use information about you where you have given us consent to do so for a specific purpose not listed above.
- Provide the Services: We will share your information with companies that provide a service to us or our users, such as shipping, identity verification, fraud monitoring, payment processing, storage, database maintenance, analytics, and hosting. For example, we may use Google Maps API to help autocomplete and validate your address.
- Offers, Ads, and Promotions: We may share your information with partners and affiliates, which may include brands or other third parties, as well as advertising networks and related providers for advertising, marketing, and promotional purposes.
- Complete Transactions: We may share information with others users when you make a purchase or a sale or otherwise conduct transactions on the Service.
- Sharing Feedback: We may share feedback we receive from you. This may include, but is not limited to love notes, comments on listings, and survey responses. This feedback may be attributed to you, for example, with your username.
- Law Enforcement or Legal Requests: We may share information about you with a third party if we believe that sharing is reasonably necessary to comply with the law and the reasonable requests of law enforcement, to enforce our Terms of Service or to protect the security or integrity of our Service, or to exercise or protect the rights, property, or personal safety of Poshmark, our users, or others.
- Business Transaction: We may transfer the personal data we have about you in the event of a potential or actual sale or transfer of all or a portion of our business or assets (including in the event of a merger, acquisition, joint venture, reorganization, divestiture, dissolution, or liquidation), or other business transaction.
- With your consent: We may also share information about you with third parties when you give us consent to do so.
- Performance of a contract: By using our Services or otherwise purchasing or selling on our platform, you are agreeing to our Terms of Service which constitutes a valid legal contract. We process your data in order to fulfill any obligations, such as completing transactions between you and other users and you and Poshmark.
- Legitimate interest: Such legitimate interests will include where Poshmark sends you marketing about our products and services where we believe you have a reasonable expectation that we will perform a particular type of processing on your behalf or where such processing is necessary for fraud detection and prevention. Poshmark will only rely on such a ground where an assessment has been performed balancing the interests and rights involved and the necessity of the processing in order to provide our services, products, and features to you.
- Legal obligations: Where the processing is necessary for compliance with a legal obligation.
- Consent: Finally, in certain situations, Poshmark relies on your consent in order to process your Personal Data such as marketing communications.
Effective December 18th 2023 to February 4th 2024
DownloadTable of Contents
- Scope
- What Data We Collect
- How We Use Your Data
- How We Share the Information We Collect
- How We Store and Maintain the Information We Collect
- Legal Basis for Processing Your Information
- Your Rights and Choices (including Region-Specific Information)
- Additional Information
- Information You Provide to Us Directly: We collect information about you when you provide it directly to us as part of our Services, such as when you register for an account, set brand, style, and other preferences, and participate in any interactive feature, survey, promotion, or event. This information may include your name, address, phone number, email, username, sizing, social media accounts, gender, age, education history, and any other personal data you may provide.
- Information You Provide when Using Our Services and Interacting with Other Users: We collect information and content when you create closets and listings, post stories, participate in a Posh Show, make purchases, search for items, and comment or otherwise interact with listings, closets, or other users. This includes any pictures, video and audio clips, closet descriptions, search terms, information about items you have listed, sold, or purchased, and any interaction with users and listings, such as likes, comments, replies, and offers.When you buy and sell on Poshmark, we will need to collect payment and billing information, such as credit card and bank account information to complete the transaction.
- Information You Provide through Our Support Channels: We collect information when you contact Poshmark and our customer support for any reason, such as asking questions and sharing feedback, issues, or problems. You may be asked to provide contact information, a summary of the problem you are experiencing, and any other documentation, screenshots or information that would be helpful in resolving an issue.
- Information You Provide when Verifying Your Identity: Identity verification may be required for fraud prevention and compliance purposes. We may collect certain identification information, such as driver’s license information, social security number, and passport number to verify your identity. We may also ask to verify your identity using photo verification.
- Information We Collect Automatically when You Use the Services: We collect information about you when you use our Services, including when browsing or taking certain actions within the Services. This includes information about the features you may use, links or pages you click on, pages viewed, search and browsing history, IP address and device data (e.g. operating system, version, model, identifiers, etc.), referring and exit pages, and other analytics data about your usage or our Services.Cookies and other tracking technologies:We, our service providers, and other third-party partners may collect information such as device data, IP address, hashed emails, transaction data (such as order value) and online activity data through automated means such as cookies, web beacons, software development kits (SDKs), tracking URLs, and similar technologies. Cookies are used to store and receive identifiers and other information, such as the name of the domain from which the cookie originated and when the cookie expires. Cookies and similar technologies may enable Poshmark, as well as parties other than Poshmark, to collect information through our Services.We and the companies we work with may use cookies and similar technologies to improve the functionality and user experience of our Services, gather and store information about user preferences and past actions, perform analytics, detect fraud, measure our ad conversion and performance, optimize our ad campaigns, customize your experience, and bring you ads through interest-based advertising. Interest-based advertising enables us to provide you with more relevant advertising about products and services based on the information we and other parties may collect about your online activities over time and across different websites. For example, you can learn how Google collects and uses information when we use their services (including Google Analytics) and how Connexity and Taboola use cookies and similar technologies to optimize ads and recommend content to you.Most browsers will allow you to control cookies through the browser settings. View your browser developer’s support center, help menu, or website to learn whether or how you can manage cookies on your browser. Please note that, without cookies, you may not be able to use some or all of the features on or functionality of our Services.Our Service currently does not respond to “Do Not Track” (DNT) signals.
- Information We Collect from Social Media Platforms: You can connect your social media or other third-party account to your Poshmark account, such as Facebook, Twitter, Instagram, Pinterest, or Snapchat. If you choose to connect your social media accounts to our Services, we may collect information about you from these accounts, such as username, friend or following lists, and other profile information.
- Information about Others: Prior to sharing any information about others for any purpose through the Service, you must satisfy any consents or other applicable legal and regulatory requirements. This includes, but is not limited to, the information or images you provide about any third parties on comments, listings, Posh Stories, or Posh Shows.
- Personalize your experience. For example, we use your information, including profile, search, likes, and purchase histories, to suggest items, closets, offers, features, or events that we think you might enjoy. We may use the data collected through cookies and other tracking technologies (if enabled) to remember information so that you will not have to re-enter it during your visit or the next time you visit the site and to provide custom, personalized content and information.
- Process and fulfill orders. This includes sharing your contact and shipping information with sellers and our shipping partners.
- Provide you with customer support, communications, updates, promotions, announcements, and other news about relevant features and aspects of our Services. For example, we may send you communications responding to customer support questions, providing information about transactions, or notifying about user engagement. You may adjust your notification preferences through our app or website, or follow any opt-out instructions provided with the communication (e.g. at the bottom of an email).
- Improve safety, security, and integrity and prevent fraud. This includes investigating suspicious activity, preventing the sale of counterfeit items, and fulfilling anti-money laundering and know-your-customer obligations. We use information about you to verify accounts and activity, to monitor suspicious or fraudulent activity, and to identify violations of our Services’ terms and policies.
- Enable social features such as connecting you with other users.
- Provide, analyze and improve the Services. This also includes research and development and creation of new features and may involve creating anonymous and aggregated data.
- For advertising and marketing purposes. Depending on your location and any applicable rights or choices you may have exercised, this may include providing you with advertising and marketing related to our Services, measuring our ad performance and conversion, optimizing our ad campaigns, and showing you personalized and non-personalized ads on or off of the Services.
- Where we believe it is necessary to fulfill or protect our legal rights, interests, and protect the interests of others. This includes complying with relevant laws, regulation, or other obligations in connection with legal claims, audit functions, an acquisition, merger, or sale of a business.
- With your consent: We may use information about you where you have given us consent to do so for a specific purpose not listed above.
- Provide the Services: We will share your information with companies that provide a service to us or our users, such as shipping, identity verification, fraud monitoring, payment processing, storage, database maintenance, analytics, and hosting. For example, we may use Google Maps API to help autocomplete and validate your address.
- Offers, Ads, and Promotions: We may share your information with partners and affiliates, which may include brands or other third parties, as well as advertising networks and related providers for advertising, marketing, and promotional purposes.
- Complete Transactions: We may share information with others users when you make a purchase or a sale or otherwise conduct transactions on the Service.
- Sharing Feedback: We may share feedback we receive from you. This may include, but is not limited to love notes, comments on listings, and survey responses. This feedback may be attributed to you, for example, with your username.
- Law Enforcement or Legal Requests: We may share information about you with a third party if we believe that sharing is reasonably necessary to comply with the law and the reasonable requests of law enforcement, to enforce our Terms of Service or to protect the security or integrity of our Service, or to exercise or protect the rights, property, or personal safety of Poshmark, our users, or others.
- Business Transaction: We may transfer the personal data we have about you in the event of a potential or actual sale or transfer of all or a portion of our business or assets (including in the event of a merger, acquisition, joint venture, reorganization, divestiture, dissolution, or liquidation), or other business transaction.
- With your consent: We may also share information about you with third parties when you give us consent to do so.
- Performance of a contract: By using our Services or otherwise purchasing or selling on our platform, you are agreeing to our Terms of Service which constitutes a valid legal contract. We process your data in order to fulfill any obligations, such as completing transactions between you and other users and you and Poshmark.
- Legitimate interest: Such legitimate interests will include where Poshmark sends you marketing about our products and services where we believe you have a reasonable expectation that we will perform a particular type of processing on your behalf or where such processing is necessary for fraud detection and prevention. Poshmark will only rely on such a ground where an assessment has been performed balancing the interests and rights involved and the necessity of the processing in order to provide our services, products, and features to you.
- Legal obligations: Where the processing is necessary for compliance with a legal obligation.
- Consent: Finally, in certain situations, Poshmark relies on your consent in order to process your Personal Data such as marketing communications.
Effective December 18th 2023 to December 18th 2023
DownloadTable of Contents
- Scope
- What Data We Collect
- How We Use Your Data
- How We Share the Information We Collect
- How We Store and Maintain the Information We Collect
- Legal Basis for Processing Your Information
- Your Rights and Choices (including Region-Specific Information)
- Additional Information
- Information You Provide to Us Directly: We collect information about you when you provide it directly to us as part of our Services, such as when you register for an account, set brand, style, and other preferences, and participate in any interactive feature, survey, promotion, or event. This information may include your name, address, phone number, email, username, sizing, social media accounts, gender, age, education history, and any other personal data you may provide.
- Information You Provide when Using Our Services and Interacting with Other Users: We collect information and content when you create closets and listings, post stories, participate in a Posh Show, make purchases, search for items, and comment or otherwise interact with listings, closets, or other users. This includes any pictures, video and audio clips, closet descriptions, search terms, information about items you have listed, sold, or purchased, and any interaction with users and listings, such as likes, comments, replies, and offers.When you buy and sell on Poshmark, we will need to collect payment and billing information, such as credit card and bank account information to complete the transaction.
- Information You Provide through Our Support Channels: We collect information when you contact Poshmark and our customer support for any reason, such as asking questions and sharing feedback, issues, or problems. You may be asked to provide contact information, a summary of the problem you are experiencing, and any other documentation, screenshots or information that would be helpful in resolving an issue.
- Information You Provide when Verifying Your Identity: Identity verification may be required for fraud prevention and compliance purposes. We may collect certain identification information, such as driver’s license information, social security number, and passport number to verify your identity. We may also ask to verify your identity using photo verification.
- Information We Collect Automatically when You Use the Services: We collect information about you when you use our Services, including when browsing or taking certain actions within the Services. This includes information about the features you may use, links or pages you click on, pages viewed, search and browsing history, IP address and device data (e.g. operating system, version, model, identifiers, etc.), referring and exit pages, and other analytics data about your usage or our Services.Cookies and other tracking technologies:We, our service providers, and other third-party partners may collect information such as device data, IP address, hashed emails, transaction data (such as order value) and online activity data through automated means such as cookies, web beacons, software development kits (SDKs), tracking URLs, and similar technologies. Cookies are used to store and receive identifiers and other information, such as the name of the domain from which the cookie originated and when the cookie expires. Cookies and similar technologies may enable Poshmark, as well as parties other than Poshmark, to collect information through our Services.We and the companies we work with may use cookies and similar technologies to improve the functionality and user experience of our Services, gather and store information about user preferences and past actions, perform analytics, detect fraud, measure our ad conversion and performance, optimize our ad campaigns, customize your experience, and bring you ads through interest-based advertising. Interest-based advertising enables us to provide you with more relevant advertising about products and services based on the information we and other parties may collect about your online activities over time and across different websites. For example, you can learn how Google collects and uses information when we use their services (including Google Analytics) and how Connexity and Taboola use cookies and similar technologies to optimize ads and recommend content to you.Most browsers will allow you to control cookies through the browser settings. View your browser developer’s support center, help menu, or website to learn whether or how you can manage cookies on your browser. Please note that, without cookies, you may not be able to use some or all of the features on or functionality of our Services.Our Service currently does not respond to “Do Not Track” (DNT) signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.
- Information We Collect from Social Media Platforms: You can connect your social media or other third-party account to your Poshmark account, such as Facebook, Twitter, Instagram, Pinterest, or Snapchat. If you choose to connect your social media accounts to our Services, we may collect information about you from these accounts, such as username, friend or following lists, and other profile information.
- Information about Others: Prior to sharing any information about others for any purpose through the Service, you must satisfy any consents or other applicable legal and regulatory requirements. This includes, but is not limited to, the information or images you provide about any third parties on comments, listings, Posh Stories, or Posh Shows.
- Personalize your experience. For example, we use your information, including profile, search, likes, and purchase histories, to suggest items, closets, offers, features, or events that we think you might enjoy. We may use the data collected through cookies and other tracking technologies (if enabled) to remember information so that you will not have to re-enter it during your visit or the next time you visit the site and to provide custom, personalized content and information.
- Process and fulfill orders. This includes sharing your contact and shipping information with sellers and our shipping partners.
- Provide you with customer support, communications, updates, promotions, announcements, and other news about relevant features and aspects of our Services. For example, we may send you communications responding to customer support questions, providing information about transactions, or notifying about user engagement. You may adjust your notification preferences through our app or website, or follow any opt-out instructions provided with the communication (e.g. at the bottom of an email).
- Improve safety, security, and integrity and prevent fraud. This includes investigating suspicious activity, preventing the sale of counterfeit items, and fulfilling anti-money laundering and know-your-customer obligations. We use information about you to verify accounts and activity, to monitor suspicious or fraudulent activity, and to identify violations of our Services’ terms and policies.
- Enable social features such as connecting you with other users.
- Provide, analyze and improve the Services. This also includes research and development and creation of new features and may involve creating anonymous and aggregated data.
- For advertising and marketing purposes. Depending on your location and any applicable rights or choices you may have exercised, this may include providing you with advertising and marketing related to our Services, measuring our ad performance and conversion, optimizing our ad campaigns, and showing you personalized and non-personalized ads on or off of the Services.
- Where we believe it is necessary to fulfill or protect our legal rights, interests, and protect the interests of others. This includes complying with relevant laws, regulation, or other obligations in connection with legal claims, audit functions, an acquisition, merger, or sale of a business.
- With your consent: We may use information about you where you have given us consent to do so for a specific purpose not listed above.
- Provide the Services: We will share your information with companies that provide a service to us or our users, such as shipping, identity verification, fraud monitoring, payment processing, storage, database maintenance, analytics, and hosting. For example, we may use Google Maps API to help autocomplete and validate your address.
- Offers, Ads, and Promotions: We may share your information with partners and affiliates, which may include brands or other third parties, as well as advertising networks and related providers for advertising, marketing, and promotional purposes.
- Complete Transactions: We may share information with others users when you make a purchase or a sale or otherwise conduct transactions on the Service.
- Sharing Feedback: We may share feedback we receive from you. This may include, but is not limited to love notes, comments on listings, and survey responses. This feedback may be attributed to you, for example, with your username.
- Law Enforcement or Legal Requests: We may share information about you with a third party if we believe that sharing is reasonably necessary to comply with the law and the reasonable requests of law enforcement, to enforce our Terms of Service or to protect the security or integrity of our Service, or to exercise or protect the rights, property, or personal safety of Poshmark, our users, or others.
- Business Transaction: We may transfer the personal data we have about you in the event of a potential or actual sale or transfer of all or a portion of our business or assets (including in the event of a merger, acquisition, joint venture, reorganization, divestiture, dissolution, or liquidation), or other business transaction.
- With your consent: We may also share information about you with third parties when you give us consent to do so.
- Performance of a contract: By using our Services or otherwise purchasing or selling on our platform, you are agreeing to our Terms of Service which constitutes a valid legal contract. We process your data in order to fulfill any obligations, such as completing transactions between you and other users and you and Poshmark.
- Legitimate interest: Such legitimate interests will include where Poshmark sends you marketing about our products and services where we believe you have a reasonable expectation that we will perform a particular type of processing on your behalf or where such processing is necessary for fraud detection and prevention. Poshmark will only rely on such a ground where an assessment has been performed balancing the interests and rights involved and the necessity of the processing in order to provide our services, products, and features to you.
- Legal obligations: Where the processing is necessary for compliance with a legal obligation.
- Consent: Finally, in certain situations, Poshmark relies on your consent in order to process your Personal Data such as marketing communications.
Effective September 7th 2022 to December 18th 2023
DownloadTable of Contents
PRIVACY POLICY
	Last Revised 8/19/2021
	Prior Version here
	Privacy Notice
	Poshmark’s mission is to build the worlds most connected shopping experience, while empowering people to build thriving retail businesses. Therefore, it is an essential that the information you submit through the service be made available to other users in your country and around the world. In using our service Your information may also be shared with other services of which you are not a user, as well as potentially transmitted to third parties as set forth herein. Poshmark is committed to protecting the privacy of its users and the information that You share in connection with your use of the Poshmark services. This privacy policy (“Privacy Policy”) describes the privacy practices of Poshmark Inc. and our subsidiaries and affiliates (collectively, “Poshmark”, “we”, “us” and/or “our”) with respect to information, including personally identifiable data, personally identifiable information, personal information, or similar identifiable data that identifies you as an individual personally as defined under applicable law (“Personal Data”) that we collect about individuals (“You” and/or “You”), including through any of our websites, mobile applications, or any other services or offerings which may reference this Privacy Policy (the “Services”)(all of the Your data or information received by, or generated through Your use of, the Poshmark services, including Personal Data defined broadly herein as “Information”). Any Services may also provide additional policies which will govern how Poshmark processes the information with respect to that specific product, service, or promotion. By submitting Information through our Services, you agree to the terms of this Privacy Policy, our Terms of Service as well as any other documentation referenced herein. If you do not agree you should discontinue use of the services immediately. Poshmark retains the right to deny or suspend access to anyone we reasonably believe has violated any provision of this Privacy Policy.
	Table of Contents
	- 		
- Information That We Collect and How We Use It 		
- Legal Basis on Which Poshmark Collects Your Personal Information 		
- Sharing Your information 		
- Your Rights and Choices 		
- Cookies, Flash, and Other Means of Automated Collection 		
- Data About Others 		
- A Note About Children 		
- Other Websites, Applications, and Services 		
- International Data Transfers 		
- Security 		
- Verification 		
- Changes to Poshmark’s Privacy Policy 		
- Contacting Poshmark 		
- Important Information for California Residents 		
- Important Information for Indian Residents 	
Information That We Collect and How We Use It
	Information That You Provide Us. We will collect Information that you provide to us when you use the Services, such as when you (1) create an account; (2) make a purchase; (3) participate in events or promotions; (4) send questions or comments via the Service, email, or chat to Poshmark or other users; (5) fill out surveys; or (6) otherwise communicate with us or other users through or about the Services. We will also collect information when you sign up for marketing emails, events, or other opportunities through Poshmark. Poshmark uses a variety of technologies to collect Information, including cookies, web beacons, pixel tracking technology, and the like. We also use Information to improve our Services, including for analytics purposes. We may use aggregated, non-personally identifying information to operate, analyze, improve, and optimize our website and service we may collect Information from you, as further described herein. Aggregated, non-personally identifying information is not your Information.
	The Types of Information That You Provide Us. Pursuant to Your sign up and use of the Services, You may provide data to Poshmark such as:
	- 		
- Contact data. Such as name, address, and phone number 		
- Profile data. Such as username, password, picture, interests, preferences, and merchandise sizing 		
- Education data. Such as college and year of graduation 		
- Demographic data. Such as postal code, gender, and age 		
- Your data. Such as text, audio, video and metadata content regarding Your uploads 		
- Transaction data. Such as payment and other details connected Your purchases 		
- Communication data. Such as questions and feedback You send to Us 		
- Financial data. Such as account numbers, payment card information, and related details 		
- Identity data. Such as national identification numbers, social security, and drivers license details 		
- Usage data. Such as tracking information regarding Your use of, and interaction with, the Services 		
- Marketing data. Such as email preferences 		
- Analytics data. Such as data We create through analysis of Your use of the Services 		
- Other data. Any other data not specifically listed here collected regarding Your use of the Services 	
Information We Collect from Third Parties. You may provide Us Information from various third party services, and we may also obtain Information from various third party services about You, including Facebook, Twitter, Instagram, Pinterest, and Tumblr (“Third Party Services”). You may enable these Third Party Services, and in some cases may use Your Poshmark credentials in enabling such Third Party Services. In enabling these Third Party Services You will share data between such Third Party Service and Poshmark. The transfer of Your data from such Third Party Services is governed solely by the settings, policies, and your agreements with those Third Party Services. You are solely and completely responsible for those policies, agreements, and settings. We are not responsible for your agreement with, or the actions take by, such Third Party. We may add this information to the information we have already collected from you via our Services in order to improve the Services we provide to you. Note that we may also obtain Information about You from other third parties, such as marketing partners, publicly available sources, and data providers. If you withdraw our ability to access certain information from a third-party platform or social media network, that choice will not apply to information that we have already received from that third-party.
	How We Use The Information We Collect. We collect, hold, use and disclose your Information in connection with the Services and features of our Service. Here are some examples of how we use Your information:
	- 		
- To provide, develop and enhance the Service 		
- Provide and deliver products, information, and the Service itself to you 		
- Process and fulfill orders 		
- Enable security features, remembering Your device, sending You security codes 		
- Enable social features, such as connecting You with other users and Third Party Services 		
- To provide users with communications, materials, and marketing announcements 		
- Perform any other actions deemed necessary by Poshmark to provide the Services 	
Additional Usage Of Your Information. Additionally, we may use Your Information to (1) analyze and improve the service (2) send You marketing related communications (3) deliver advertising to You, as well as other users and our partners (4) comply with any law, rule, or regulation, including law enforcement requests such as subpoenas or other requests from legal authorities (5) protect our, Your, or others’ rights, including privacy rights, (6) prevent fraud (7) create anonymous, aggregated data.
	Legal Basis on Which Poshmark Collects Your Personal Information
	Poshmark collects and processes your Information on the basis of different legal grounds, depending on the nature of the Information being provided and the type of processing involved, as follows:
	- 		
- Performance of a Contract. Some of the Information processed by Poshmark is performed on the basis that it is necessary for the performance of our agreement with you, or in order to take steps at the request of the user prior to entering such an agreement. 		
- Legitimate Interest. A second ground relied upon by Poshmark for other types of processing of your Personal Information is that it is necessary for the purposes of legitimate interests pursued by Poshmark. Such legitimate interests will include where Poshmark sends you marketing about our products and services, where we believe you have a reasonable expectation that we will perform a particular type of processing on your behalf, or where such processing is strictly necessary for fraud detection and prevention. Poshmark will only rely on such a ground where an assessment has been performed balancing the interests and rights involved and the necessity of the processing in order to provide our services, products and features to you. 		
- A Legal Obligation. A third ground relied upon for certain types of processing is that it is necessary in order to allow Poshmark to comply with a legal obligation. 		
- Consent. Finally, in certain situations Poshmark relies on your consent in order to process your Personal Data, such as marketing communications. 	
Sharing Your information
	We share your Information with third parties in the following circumstances or as otherwise described in this Privacy Policy:
	- 		
- Business Partners, Affiliates, Advisors and Transfer Participants. We may share your Information with our channel partners, subsidiaries, affiliates, professional advisors (such as financial, insurance, legal accounting, or otherwise), joint ventures, or any other company, to fulfill obligations and requests, to deliver provide users information about Poshmark and other purposes in Poshmark’s sole discretion in its provision of the Services. Poshmark does not control how a business partner may use your Personal Information. Our business partners are responsible for managing the use of Personal information collected in these circumstances. We may also share your Personal Data with our corporate parent, subsidiaries, and affiliates, for purposes consistent with this Privacy Policy, as well as other Poshmark services including those which you are not a user. 		
- Service Providers. Poshmark will share your Information with companies that provide a service to Poshmark, such as database maintenance, identity verification, fraud monitoring, payment processing, storage, hosting, etc. 		
- Third Parties. If you enable features or functionality that connects the Service to a third party platform such as a social media network (each, a “Third Party”), then we may disclose Your Information to such Third Party, and do not control the Third Party’s use of Your Information. Additionally, we may share information about You with additional third parties, whether or not authorized by You, in our provision of the Services. 		
- Other Users. We will share Your Information with others users, including to sellers when you make a purchase on the Service, or to the broader user base when You upload Information publicly. We do not control how other users will utilize Your Information. 		
- With Your Consent. We will share Your Information in addition in the method and to those listed herein with Your consent, and as described in such consent. 		
- Publicly. As an essential element of the Service, most of the Personal Information you provide to us when you register or update your profile is displayed on your profile and intended to be shared with other users. Your photos, posts, and other content you post to the Site are also meant for public consumption. We may display this content through our Services, and further distribute it to a wider audience through third party sites and services. Once displayed on publicly viewable web pages, that information can be collected and used by others. We cannot control who reads your postings or what other users may do with the information that you voluntarily post, so it is very important that you do not put any sensitive, confidential, or any other information you do not wish to be shared in your posts. Once you have posted information publicly, while you will still be able to edit and delete it on the Service, you will not be able to edit or delete such information cached, collected, and stored elsewhere by others. 		
- Authorities. We will share Your information with law enforcement, government authorities, or other parties as, and if, required by law or in good faith that the action is necessary to comply with legal obligations, protect individuals (including Your) rights and safety, or to protect, investigate, and deter fraudulent, harmful, unauthorized, unethical, or illegal activity. 		
- Feedback. We may share and publish any feedback we receive from you. We may identify you by your first and last name and may also indicate your home city. We may post any feedback on the Service from time to time. If you make any comments on a blog or forum associated with Poshmark, or on the Poshmark Service, you should be aware that you have no reasonable expectation of privacy and that any Personal Data you submit there can be read, collected, or used by other users of these forums, or the Service and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these blogs and forums or on the Service. 	
Your Rights and Choices
	In addition to the other rights set forth in this privacy policy and at law, the following rights are available to You explicitly through Your use of the Service:
	- 		
- Access, Update and Delete Information. You may access, review update, and delete Your Information (or your account in its entirety) from Poshmark at will through Your use of the Service. In addition, you may have the right to request Poshmark perform these actions directly. Poshmark reserves the right to verify any such requests, and may charge you a fee for such request, where allowable. In certain instances Poshmark may be unable to fully comply with such request, or may reject such requests, and will make best efforts to provide an explanation to you as to why such request was unable to be complied with, or rejected. Please note that we may be required (by law or otherwise) to retain 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). We may retain certain Personal Data indefinitely, unless you delete it or request its deletion. We keep your personal information for no longer than necessary for the purposes for which the personal information is processed. We may retain your information for to satisfy applicable governmental laws, regulations, investigations, proceedings or for reasonable backup, archival, audit, legal or other similar purposes.			
- 				
- click here to review what personal information is collected (Information) 				
- click here to get a copy of the personal information collected (Access) 				
- click here to request to delete personal information (Deletion) 				
- email [email protected] for any issues You may encounter in exercising the rights set forth herein 			
		 - Withdraw Consent. You may withdraw any consent you have provided Poshmark at any time, however withdrawing such consent may limit or restrict Your use or access of our Services. 		
- Email Communications and Opt Outs. We may send you emails, including marketing, promotional, and third-party related communications. You may opt out of these emails at any time by unsubscribing or selecting this option through our Services. Note that You may need to opt out from each Poshmark Service individually. Despite your election, we may still be required to send you Service-related communications, including any updates to our terms of service or this Policy. 		
- Do Not Sell.			
We do not sell your Personal Data in the conventional sense (i.e., for money). However, like many companies, we use services that collect information from You (to deliver advertisements to You for example) and this may classify this use as a “sale” of your Personal Data, You can request to opt-out out of this “sale” here: Do Not Sell My Personal Information. If you direct us not to sell your Personal Information, we will stop sharing your personal information if required by applicable law.
		 		 - Do Not Track.			
Our Service currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.
		 		 - Advertising.			
Your Information may be collected by third parties and business partners through Your use of the Services, and used for advertising purposes (among other purposes). Users may opt out of receiving targeted advertising on websites through members of the Network Advertising Initiative by clicking here or the Digital Advertising Alliance by clicking here. Canadian users may opt out of receiving targeted advertising on websites through members of the Digital Advertising Alliance of Canada by clicking here. Users of our mobile application may opt out of receiving targeted advertising in mobile apps through participating members of the Digital Advertising Alliance by installing the AppChoices mobile app, available here, 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 behavioral advertising are included in this list, so you may still receive some cookies and tailored advertisements from companies that are not listed.
		 	
Cookies, Flash, and Other Means of Automated Collection
	We, and our service providers and business partners, may automatically collect Information such as device data (operating system, version, model, identifiers, etc.) and online activity data (websites visited, location, screens viewed, etc.) through automated means such as Cookies, Flash-based LSOs, web beacons, and similar technologies, including collection through third party software development kits (any of which may also enable third party information collection through our Services).
	These means of Automated Collection may also help provide functionality to our Services, allow You to save passwords, and generally monitor Your use and our provision of the Service.
	You may instruct your browser to stop accepting cookies at any time or set your browser to prompt you before accepting cookies. Please consult your browser’s settings for further technical information. If you do not accept cookies, you may not be able to use all portions or functionality of the Service. You are responsible for all control over your browser, mobile device, or other applications that control the settings of these means of automated collection.
	Data About Others
	You may refer friends, share information, or upload contacts of third parties through the Service. When you provide such information, you agree you have the rights to upload such information. We rely upon you to obtain whatever consents may be required by law to allow us to use such information. You or the third party whose information you’ve provided may contact us to request the removal of this information from our database.
	A Note About Children
	Poshmark does not intentionally collect Information from individuals under the age of 13. If you are under 13 please do not submit any Information through the Service. If we learn that we have received Information from a child under 13 we will attempt to delete the Information as soon as possible. If we know that you are younger than 16 years old, we will ask for your permission (or if you are younger than 13 years old, your parent’s or guardian’s permission) to sell your Personal Information before we do so. If you believe we may have Personal Data from a child under 13 please contact us.
	Other Websites, Applications, and Services
	This Privacy Policy applies only to the Services. The Services may contain links to third party websites, applications, and services (“Third Party Offerings”). Poshmark does not endorse or represent such Third Party Offerings. Additionally, Poshmark’s content may be included in Third Party Offerings not associated with us. We do not control, and are not responsible or liable for, such Third Party Offerings. Please review the terms and policies of Third Party Offerings before engaging with third party websites, applications, and services.
	International Data Transfers
	We are headquartered in the United States and may share Personal Data with service providers and other recipients in the United States and worldwide, including jurisdictions where privacy laws applicable to those recipients may not be as protective as those in your jurisdiction and we will not necessarily ensure they meet the particular requirements of your local privacy laws. We may be required to disclose Personal Data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
	Security
	Poshmark employs organizational, technical and physical safeguards designed to protect your Personal Data from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Depending on the circumstances, our safeguards to protect Personal Data in electronic and physical records include facilities access restrictions, system access controls, firewalls, data encryption and payment processing security.
	No Internet, email or other electronic transmission is ever fully secure or error free, so you should take special care in deciding what information you send to us in this way. Your information may be stored with third-party cloud service infrastructure providers.
	Verification
	We reserve the right to verify your identity by means acceptable to Us to process your requests to exercise your information, access or deletion rights. You may designate an authorized agent to make a request on your behalf pursuant a valid power of attorney, the requester’s valid government-issued identification, and the authorized agent’s valid government issued identification. We cannot process your request if you do not provide us with sufficient detail to allow us to understand and respond to it.
	Changes to Poshmark’s Privacy Policy
	We may update this Privacy Policy from time to time and for any reason. We may, and if required by law will, also provide notification of changes but you are ultimately responsible for consulting this Privacy Policy for regular changes. Modifications will be effective upon updating of this Privacy Policy unless otherwise stated by Us. Continued use of our Services shall indicate your acknowledgement of such changes and agreement to be bound by the terms of such changes. If you do not agree, you should immediately discontinue your use of the Services.
	Contacting Poshmark
	All inquiries regarding this Privacy Policy should be directed to [email protected] , or via post to Poshmark, Inc. Attn: Legal -Privacy 203 Redwood Shores Pkwy, 8th Floor, Redwood City, CA 94065. Please provide all relevant information and detail in such inquiry. We will make best efforts to respond in a reasonable period of time and may consult with third parties in addressing your inquiry. Additionally, you may have the right to provide inquiries directly to relevant data protection authorities, as may be applicable in your jurisdiction.
	Important Information for Indian Residents
		By using the Poshmark service, you provide your consent and authorize us to collect, use, disclose and transfer your information as stated in this Privacy Policy, Terms of Service and as permitted or required by applicable law for purposes of providing Services.
		- 			
- If You do not agree with this Privacy Policy, You may withdraw Your consent at any time or choose to not provide Us with any Information which may limit Your access or prevent us from providing the Services to You. To withdraw Your consent please e-mail: [email protected] 			
- If there is any discrepancy or grievance with respect to the Information You share with Poshmark, please contact our Grievance Officer. We will try our best to redress Your grievances within 1 (one) month from the date of receipt of the grievance.				
- 					
- Attention: Adam Schlosser 					
- Email: [email protected] 					
- Address: 203 Redwood Shores Pkwy Floor 8, Redwood City, CA 94065 				
		
Important Information for California Residents
This section applies only to California residents. For purposes of this section, “Personal Information” has the meaning given in the California Consumer Privacy Act of 2018 (“CCPA”) but does not include information exempted from the scope of the CCPA. You have the right to request that we disclose the Personal Information we collect, use, disclose and sell about you. Section 2 of this Policy explains the categories of Personal Information we collected over the past twelve (12) months, why we collected this information, and the third parties with which we shared it. California’s “Shine the Light” law (Civil Code section 1798.83) also permits California residents once per calendar year to request and receive information about a business’ disclosure of certain categories of Personal Information to other companies for direct marketing purposes. If you are a California resident and would like a copy of this notice, please submit a written request to us via email at [email protected] or via postal mail at 203 Redwood Shores Pkwy, 8th Floor, Redwood City, CA 94065. You must put the statement “Your California Privacy Rights” in your request and include your name, street address, city, state, and ZIP code. We are not responsible for notices that are not labeled or sent properly, or do not have complete information. We will not discriminate against you for exercising any of your rights under the CCPA, including, but not limited to (i) denying goods or services to you, (ii) charging different prices or rates for goods or services, or (iii) providing a different level or quality of goods or services to you.	Personal information that we collect, use and share The chart below summarizes how we collect, use and share Personal Information by reference to the statutory categories specified in the CCPA, and describes our practices during the 12 months preceding the effective date of this Privacy Policy.
	Statutory category of personal information (PI) (click for details) | 				Source of the PI | 				Purpose for collection | 				Categories of third parties to whom we “disclose” the PI for a business purpose | 				Categories of third parties to whom we “sell” the PI | 			
---|---|---|---|---|
Identifiers | 									
| 									
| 									
| 									
| 			
Commercial Information | 									
| 									
| 									
| 									
| 			
Financial Information | 									
| 									
| 									
| 									
| 			
Online Identifiers | 									
| 									
| 									
| 									
| 			
Internet or Network Information | 									
| 									
| 									
| 									
| 			
Inferences | 									
| 									
| 									
| 									
| 			
Protected Classification Characteristics | 									
| 									
| 									
| 									
| 			
Education Information | 									
| 									
| 									
| 									
| 			
Physical Description | 									
| 									
| 									
| 									
| 			
Sensory Information | 									
| 									
| 									
| 									
| 			
	
Glossary | 					Statutory Category | 					What we collect | 				
Commercial Information | 					Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. | 											
| 				
Education Information | 					Personal information from an educational record, which could include: a student’s name, the names of the student’s parent or other family members, the address of a student or student’s family, a student’s personal identifier (e.g., SSN, student number), other indirect identifiers of the student (e.g., date of birth, place of birth, mother’s maiden name), other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty, or information requested by a person who the educational agency or institution reasonably believes knows the identity of the student to whom the education record relates. | 											
| 				
Financial Information | 					Bank account number, debit or credit card numbers, insurance policy number, and other financial information. | 											
| 				
Identifiers | 					Real name, alias, postal address, unique personal identifier, customer number, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers. | 											
| 				
Inferencess | 					The derivation of information, data, assumptions, or conclusions from any other category of Personal Information to create a profile about a person reflecting the person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities and aptitudes. | 					 May be derived from your:						
| 				
Internet or Network Information | 					Browsing history, search history, and information regarding a person’s interaction with an Internet website, application, or advertisement. | 											
| 				
Online Identifiers | 					An online identifier or other persistent identifier that can be used to recognize a person, family or device, over time and across different services, including but not limited to, a device identifier; an Internet Protocol address; cookies, beacons, pixel tags, mobile ad identifiers, or similar technology; customer number, unique pseudonym, or user alias; telephone numbers, or other forms of persistent or probabilistic identifiers (i.e., the identification of a person or a device to a degree of certainty of more probable than not) that can be used to identify a particular person or device. | 											
| 				
Physical Description | 					An individual’s physical characteristics or description (e.g., hair color, eye color, height, weight). | 											
| 				
Protected Classification Characteristics | 					Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information) | 											
| 				
Sensory Information | 					Audio, electronic, visual, thermal, olfactory, or similar information. | 											
| 				
Effective September 7th 2022 to September 7th 2022
DownloadTable of Contents
PRIVACY POLICY
	Last Revised 6/7/2021
	Privacy Notice
	Poshmark’s mission is to build the worlds most connected shopping experience, while empowering people to build thriving retail businesses. Therefore, it is an essential that the information you submit through the service be made available to other users in your country and around the world. In using our service Your information may also be shared with other services of which you are not a user, as well as potentially transmitted to third parties as set forth herein. Poshmark is committed to protecting the privacy of its users and the information that You share in connection with your use of the Poshmark services. This privacy policy (“Privacy Policy”) describes the privacy practices of Poshmark Inc. and our subsidiaries and affiliates (collectively, “Poshmark”, “we”, “us” and/or “our”) with respect to information, including personally identifiable data, personally identifiable information, personal information, or similar identifiable data that identifies you as an individual personally as defined under applicable law (“Personal Data”) that we collect about individuals (“You” and/or “You”), including through any of our websites, mobile applications, or any other services or offerings which may reference this Privacy Policy (the “Services”)(all of the Your data or information received by, or generated through Your use of, the Poshmark services, including Personal Data defined broadly herein as “Information”). Any Services may also provide additional policies which will govern how Poshmark processes the information with respect to that specific product, service, or promotion. By submitting Information through our Services, you agree to the terms of this Privacy Policy, our Terms of Service as well as any other documentation referenced herein. If you do not agree you should discontinue use of the services immediately. Poshmark retains the right to deny or suspend access to anyone we reasonably believe has violated any provision of this Privacy Policy.
	Table of Contents
	- 		
- Information That We Collect and How We Use It 		
- Legal Basis on Which Poshmark Collects Your Personal Information 		
- Sharing Your information 		
- Your Rights and Choices 		
- Cookies, Flash, and Other Means of Automated Collection 		
- Data About Others 		
- A Note About Children 		
- Other Websites, Applications, and Services 		
- International Data Transfers 		
- Security 		
- Verification 		
- Changes to Poshmark’s Privacy Policy 		
- Contacting Poshmark 		
- Important Information for California Residents 	
Information That We Collect and How We Use It
	Information That You Provide Us. We will collect Information that you provide to us when you use the Services, such as when you (1) create an account; (2) make a purchase; (3) participate in events or promotions; (4) send questions or comments via the Service, email, or chat to Poshmark or other users; (5) fill out surveys; or (6) otherwise communicate with us or other users through or about the Services. We will also collect information when you sign up for marketing emails, events, or other opportunities through Poshmark. Poshmark uses a variety of technologies to collect Information, including cookies, web beacons, pixel tracking technology, and the like. We also use Information to improve our Services, including for analytics purposes. We may use aggregated, non-personally identifying information to operate, analyze, improve, and optimize our website and service we may collect Information from you, as further described herein. Aggregated, non-personally identifying information is not your Information.
	The Types of Information That You Provide Us. Pursuant to Your sign up and use of the Services, You may provide data to Poshmark such as:
	- 		
- Contact data. Such as name, address, and phone number 		
- Profile data. Such as username, password, picture, interests, preferences, and merchandise sizing 		
- Education data. Such as college and year of graduation 		
- Demographic data. Such as postal code, gender, and age 		
- Your data. Such as text, audio, video and metadata content regarding Your uploads 		
- Transaction data. Such as payment and other details connected Your purchases 		
- Communication data. Such as questions and feedback You send to Us 		
- Financial data. Such as account numbers, payment card information, and related details 		
- Identity data. Such as national identification numbers, social security, and drivers license details 		
- Usage data. Such as tracking information regarding Your use of, and interaction with, the Services 		
- Marketing data. Such as email preferences 		
- Analytics data. Such as data We create through analysis of Your use of the Services 		
- Other data. Any other data not specifically listed here collected regarding Your use of the Services 	
Information We Collect from Third Parties. You may provide Us Information from various third party services, and we may also obtain Information from various third party services about You, including Facebook, Twitter, Instagram, Pinterest, and Tumblr (“Third Party Services”). You may enable these Third Party Services, and in some cases may use Your Poshmark credentials in enabling such Third Party Services. In enabling these Third Party Services You will share data between such Third Party Service and Poshmark. The transfer of Your data from such Third Party Services is governed solely by the settings, policies, and your agreements with those Third Party Services. You are solely and completely responsible for those policies, agreements, and settings. We are not responsible for your agreement with, or the actions take by, such Third Party. We may add this information to the information we have already collected from you via our Services in order to improve the Services we provide to you. Note that we may also obtain Information about You from other third parties, such as marketing partners, publicly available sources, and data providers. If you withdraw our ability to access certain information from a third-party platform or social media network, that choice will not apply to information that we have already received from that third-party.
	How We Use The Information We Collect. We collect, hold, use and disclose your Information in connection with the Services and features of our Service. Here are some examples of how we use Your information:
	- 		
- To provide, develop and enhance the Service 		
- Provide and deliver products, information, and the Service itself to you 		
- Process and fulfill orders 		
- Enable security features, remembering Your device, sending You security codes 		
- Enable social features, such as connecting You with other users and Third Party Services 		
- To provide users with communications, materials, and marketing announcements 		
- Perform any other actions deemed necessary by Poshmark to provide the Services 	
Additional Usage Of Your Information. Additionally, we may use Your Information to (1) analyze and improve the service (2) send You marketing related communications (3) deliver advertising to You, as well as other users and our partners (4) comply with any law, rule, or regulation, including law enforcement requests such as subpoenas (5) protect our, Your, or others’ rights, including privacy rights, (6) prevent fraud (7) create anonymous, aggregated data.
	Legal Basis on Which Poshmark Collects Your Personal Information
	Poshmark collects and processes your Information on the basis of different legal grounds, depending on the nature of the Information being provided and the type of processing involved, as follows:
	- 		
- Performance of a Contract. Some of the Information processed by Poshmark is performed on the basis that it is necessary for the performance of our agreement with you, or in order to take steps at the request of the user prior to entering such an agreement. 		
- Legitimate Interest. A second ground relied upon by Poshmark for other types of processing of your Personal Information is that it is necessary for the purposes of legitimate interests pursued by Poshmark. Such legitimate interests will include where Poshmark sends you marketing about our products and services, where we believe you have a reasonable expectation that we will perform a particular type of processing on your behalf, or where such processing is strictly necessary for fraud detection and prevention. Poshmark will only rely on such a ground where an assessment has been performed balancing the interests and rights involved and the necessity of the processing in order to provide our services, products and features to you. 		
- A Legal Obligation. A third ground relied upon for certain types of processing is that it is necessary in order to allow Poshmark to comply with a legal obligation. 		
- Consent. Finally, in certain situations Poshmark relies on your consent in order to process your Personal Data, such as marketing communications. 	
Sharing Your information
	We share your Information with third parties in the following circumstances or as otherwise described in this Privacy Policy:
	- 		
- Business Partners, Affiliates, Advisors and Transfer Participants. We may share your Information with our channel partners, subsidiaries, affiliates, professional advisors (such as financial, insurance, legal accounting, or otherwise), joint ventures, or any other company, to fulfill obligations and requests, to deliver provide users information about Poshmark and other purposes in Poshmark’s sole discretion in its provision of the Services. Poshmark does not control how a business partner may use your Personal Information. Our business partners are responsible for managing the use of Personal information collected in these circumstances. We may also share your Personal Data with our corporate parent, subsidiaries, and affiliates, for purposes consistent with this Privacy Policy, as well as other Poshmark services including those which you are not a user. 		
- Service Providers. Poshmark will share your Information with companies that provide a service to Poshmark, such as database maintenance, identity verification, fraud monitoring, payment processing, storage, hosting, etc. 		
- Third Parties. If you enable features or functionality that connects the Service to a third party platform such as a social media network (each, a “Third Party”), then we may disclose Your Information to such Third Party, and do not control the Third Party’s use of Your Information. Additionally, we may share information about You with additional third parties, whether or not authorized by You, in our provision of the Services. 		
- Other Users. We will share Your Information with others users, including to sellers when you make a purchase on the Service, or to the broader user base when You upload Information publicly. We do not control how other users will utilize Your Information. 		
- With Your Consent. We will share Your Information in addition in the method and to those listed herein with Your consent, and as described in such consent. 		
- Publicly. As an essential element of the Service, most of the Personal Information you provide to us when you register or update your profile is displayed on your profile and intended to be shared with other users. Your photos, posts, and other content you post to the Site are also meant for public consumption. We may display this content through our Services, and further distribute it to a wider audience through third party sites and services. Once displayed on publicly viewable web pages, that information can be collected and used by others. We cannot control who reads your postings or what other users may do with the information that you voluntarily post, so it is very important that you do not put any sensitive, confidential, or any other information you do not wish to be shared in your posts. Once you have posted information publicly, while you will still be able to edit and delete it on the Service, you will not be able to edit or delete such information cached, collected, and stored elsewhere by others. 		
- Authorities. We will share Your information with law enforcement, government authorities, or other parties as, and if, required by law or in good faith that the action is necessary to comply with legal obligations, protect individuals (including Your) rights and safety, or to protect, investigate, and deter fraudulent, harmful, unauthorized, unethical, or illegal activity. 		
- Feedback. We may share and publish any feedback we receive from you. We may identify you by your first and last name and may also indicate your home city. We may post any feedback on the Service from time to time. If you make any comments on a blog or forum associated with Poshmark, or on the Poshmark Service, you should be aware that you have no reasonable expectation of privacy and that any Personal Data you submit there can be read, collected, or used by other users of these forums, or the Service and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these blogs and forums or on the Service. 	
Your Rights and Choices
	In addition to the other rights set forth in this privacy policy and at law, the following rights are available to You explicitly through Your use of the Service:
	- 		
- Access, Update and Delete Information. You may access, review update, and delete Your Information (or your account in its entirety) from Poshmark at will through Your use of the Service. In addition, you may have the right to request Poshmark perform these actions directly. Poshmark reserves the right to verify any such requests, and may charge you a fee for such request, where allowable. In certain instances Poshmark may be unable to fully comply with such request, or may reject such requests, and will make best efforts to provide an explanation to you as to why such request was unable to be complied with, or rejected. Please note that we may be required (by law or otherwise) to retain 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). We may retain certain Personal Data indefinitely, unless you delete it or request its deletion. We keep your personal information for no longer than necessary for the purposes for which the personal information is processed. We may retain your information for to satisfy applicable governmental laws, regulations, investigations, proceedings or for reasonable backup, archival, audit, legal or other similar purposes.			
- 				
- click here to review what personal information is collected (Information) 				
- click here to get a copy of the personal information collected (Access) 				
- click here to request to delete personal information (Deletion) 				
- email [email protected] for any issues You may encounter in exercising the rights set forth herein 			
		 - Withdraw Consent. You may withdraw any consent you have provided Poshmark at any time, however withdrawing such consent may limit or restrict Your use or access of our Services. 		
- Email Communications and Opt Outs. We may send you emails, including marketing, promotional, and third-party related communications. You may opt out of these emails at any time by unsubscribing or selecting this option through our Services. Note that You may need to opt out from each Poshmark Service individually. Despite your election, we may still be required to send you Service-related communications, including any updates to our terms of service or this Policy. 		
- Do Not Sell.			
We do not sell your Personal Data in the conventional sense (i.e., for money). However, like many companies, we use services that collect information from You (to deliver advertisements to You for example) and this may classify this use as a “sale” of your Personal Data, You can request to opt-out out of this “sale” here: Do Not Sell My Personal Information. If you direct us not to sell your Personal Information, we will stop sharing your personal information if required by applicable law.
		 		 - Do Not Track.			
Our Service currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.
		 		 - Advertising.			
Your Information may be collected by third parties and business partners through Your use of the Services, and used for advertising purposes (among other purposes). Users may opt out of receiving targeted advertising on websites through members of the Network Advertising Initiative by clicking here or the Digital Advertising Alliance by clicking here. Canadian users may opt out of receiving targeted advertising on websites through members of the Digital Advertising Alliance of Canada by clicking here. Users of our mobile application may opt out of receiving targeted advertising in mobile apps through participating members of the Digital Advertising Alliance by installing the AppChoices mobile app, available here, 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 behavioral advertising are included in this list, so you may still receive some cookies and tailored advertisements from companies that are not listed.
		 	
Cookies, Flash, and Other Means of Automated Collection
	We, and our service providers and business partners, may automatically collect Information such as device data (operating system, version, model, identifiers, etc.) and online activity data (websites visited, location, screens viewed, etc.) through automated means such as Cookies, Flash-based LSOs, web beacons, and similar technologies, including collection through third party software development kits (any of which may also enable third party information collection through our Services).
	These means of Automated Collection may also help provide functionality to our Services, allow You to save passwords, and generally monitor Your use and our provision of the Service.
	You may instruct your browser to stop accepting cookies at any time or set your browser to prompt you before accepting cookies. Please consult your browser’s settings for further technical information. If you do not accept cookies, you may not be able to use all portions or functionality of the Service. You are responsible for all control over your browser, mobile device, or other applications that control the settings of these means of automated collection.
	Data About Others
	You may refer friends, share information, or upload contacts of third parties through the Service. When you provide such information, you agree you have the rights to upload such information. We rely upon you to obtain whatever consents may be required by law to allow us to use such information. You or the third party whose information you’ve provided may contact us to request the removal of this information from our database.
	A Note About Children
	Poshmark does not intentionally collect Information from individuals under the age of 13. If you are under 13 please do not submit any Information through the Service. If we learn that we have received Information from a child under 13 we will attempt to delete the Information as soon as possible. If we know that you are younger than 16 years old, we will ask for your permission (or if you are younger than 13 years old, your parent’s or guardian’s permission) to sell your Personal Information before we do so. If you believe we may have Personal Data from a child under 13 please contact us.
	Other Websites, Applications, and Services
	This Privacy Policy applies only to the Services. The Services may contain links to third party websites, applications, and services (“Third Party Offerings”). Poshmark does not endorse or represent such Third Party Offerings. Additionally, Poshmark’s content may be included in Third Party Offerings not associated with us. We do not control, and are not responsible or liable for, such Third Party Offerings. Please review the terms and policies of Third Party Offerings before engaging with third party websites, applications, and services.
	International Data Transfers
	We are headquartered in the United States and may share Personal Data with service providers and other recipients in the United States and worldwide, including jurisdictions where privacy laws applicable to those recipients may not be as protective as those in your jurisdiction and we will not necessarily ensure they meet the particular requirements of your local privacy laws. We may be required to disclose Personal Data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
	Security
	Poshmark employs organizational, technical and physical safeguards designed to protect your Personal Data from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Depending on the circumstances, our safeguards to protect Personal Data in electronic and physical records include facilities access restrictions, system access controls, firewalls, data encryption and payment processing security.
	No Internet, email or other electronic transmission is ever fully secure or error free, so you should take special care in deciding what information you send to us in this way. Your information may be stored with third-party cloud service infrastructure providers.
	Verification
	We reserve the right to verify your identity by means acceptable to Us to process your requests to exercise your information, access or deletion rights. You may designate an authorized agent to make a request on your behalf pursuant a valid power of attorney, the requester’s valid government-issued identification, and the authorized agent’s valid government issued identification. We cannot process your request if you do not provide us with sufficient detail to allow us to understand and respond to it.
	Changes to Poshmark’s Privacy Policy
	We may update this Privacy Policy from time to time and for any reason. We may, and if required by law will, also provide notification of changes but you are ultimately responsible for consulting this Privacy Policy for regular changes. Modifications will be effective upon updating of this Privacy Policy unless otherwise stated by Us. Continued use of our Services shall indicate your acknowledgement of such changes and agreement to be bound by the terms of such changes. If you do not agree, you should immediately discontinue your use of the Services.
	Contacting Poshmark
	All inquiries regarding this Privacy Policy should be directed to [email protected] , or via post to Poshmark, Inc. Attn: Legal -Privacy 203 Redwood Shores Pkwy, 8th Floor, Redwood City, CA 94065. Please provide all relevant information and detail in such inquiry. We will make best efforts to respond in a reasonable period of time and may consult with third parties in addressing your inquiry. Additionally, you may have the right to provide inquiries directly to relevant data protection authorities, as may be applicable in your jurisdiction.
	Important Information for California Residents
This section applies only to California residents. For purposes of this section, “Personal Information” has the meaning given in the California Consumer Privacy Act of 2018 (“CCPA”) but does not include information exempted from the scope of the CCPA. You have the right to request that we disclose the Personal Information we collect, use, disclose and sell about you. Section 2 of this Policy explains the categories of Personal Information we collected over the past twelve (12) months, why we collected this information, and the third parties with which we shared it. California’s “Shine the Light” law (Civil Code section 1798.83) also permits California residents once per calendar year to request and receive information about a business’ disclosure of certain categories of Personal Information to other companies for direct marketing purposes. If you are a California resident and would like a copy of this notice, please submit a written request to us via email at [email protected] or via postal mail at 203 Redwood Shores Pkwy, 8th Floor, Redwood City, CA 94065. You must put the statement “Your California Privacy Rights” in your request and include your name, street address, city, state, and ZIP code. We are not responsible for notices that are not labeled or sent properly, or do not have complete information. We will not discriminate against you for exercising any of your rights under the CCPA, including, but not limited to (i) denying goods or services to you, (ii) charging different prices or rates for goods or services, or (iii) providing a different level or quality of goods or services to you.	Personal information that we collect, use and share The chart below summarizes how we collect, use and share Personal Information by reference to the statutory categories specified in the CCPA, and describes our practices during the 12 months preceding the effective date of this Privacy Policy.
		
Statutory category of personal information (PI) (click for details) | 				Source of the PI | 				Purpose for collection | 				Categories of third parties to whom we “disclose” the PI for a business purpose | 				Categories of third parties to whom we “sell” the PI | 			
---|---|---|---|---|
Identifiers | 									
| 									
| 									
| 									
| 			
Commercial Information | 									
| 									
| 									
| 									
| 			
Financial Information | 									
| 									
| 									
| 									
| 			
Online Identifiers | 									
| 									
| 									
| 									
| 			
Internet or Network Information | 									
| 									
| 									
| 									
| 			
Inferences | 									
| 									
| 									
| 									
| 			
Protected Classification Characteristics | 									
| 									
| 									
| 									
| 			
Education Information | 									
| 									
| 									
| 									
| 			
Physical Description | 									
| 									
| 									
| 									
| 			
Sensory Information | 									
| 									
| 									
| 									
| 			
	
Glossary | 					Statutory Category | 					What we collect | 				
Commercial Information | 					Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. | 											
| 				
Education Information | 					Personal information from an educational record, which could include: a student’s name, the names of the student’s parent or other family members, the address of a student or student’s family, a student’s personal identifier (e.g., SSN, student number), other indirect identifiers of the student (e.g., date of birth, place of birth, mother’s maiden name), other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty, or information requested by a person who the educational agency or institution reasonably believes knows the identity of the student to whom the education record relates. | 											
| 				
Financial Information | 					Bank account number, debit or credit card numbers, insurance policy number, and other financial information. | 											
| 				
Identifiers | 					Real name, alias, postal address, unique personal identifier, customer number, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers. | 											
| 				
Inferencess | 					The derivation of information, data, assumptions, or conclusions from any other category of Personal Information to create a profile about a person reflecting the person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities and aptitudes. | 					 May be derived from your:						
| 				
Internet or Network Information | 					Browsing history, search history, and information regarding a person’s interaction with an Internet website, application, or advertisement. | 											
| 				
Online Identifiers | 					An online identifier or other persistent identifier that can be used to recognize a person, family or device, over time and across different services, including but not limited to, a device identifier; an Internet Protocol address; cookies, beacons, pixel tags, mobile ad identifiers, or similar technology; customer number, unique pseudonym, or user alias; telephone numbers, or other forms of persistent or probabilistic identifiers (i.e., the identification of a person or a device to a degree of certainty of more probable than not) that can be used to identify a particular person or device. | 											
| 				
Physical Description | 					An individual’s physical characteristics or description (e.g., hair color, eye color, height, weight). | 											
| 				
Protected Classification Characteristics | 					Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information) | 											
| 				
Sensory Information | 					Audio, electronic, visual, thermal, olfactory, or similar information. | 											
| 				
California Privacy Notice
Effective December 19th 2023
DownloadTable of Contents
- Categories of Personal Information We Collect
- Retention of Personal Information
- Sources of Personal Information
- Purposes for which Personal Information is Used
- "Sale" or "Sharing" of Personal Information for Cross-Context Behavioral Advertising
- Disclosures of Personal Information for a Business Purpose
Category | Personal Information this Category Includes |
Identifiers | Identifiers, such as real name, alias, postal address, unique personal identifier (e.g., device identifiers; cookies, beacons, pixel tags, mobile ad identifiers, or similar technology; customer number, unique pseudonym, or user alias; telephone number and other forms of persistent or probabilistic identifiers), online identifier, IP address, email address, account name, Social Security number, driver’s license number, state identification card number, passport number, or other similar identifiers. |
Personal Records | Signature, physical characteristics or description (such as any size preferences you may have set), education (college and class year), bank account number, credit card number, debit card number, and other financial information |
Protected Classifications | Characteristics of protected classifications under California or federal law, such as age and gender. |
Commercial Information | Commercial information, including records of personal property, products or services purchased, obtained, or considered, and other purchasing or consuming histories or tendencies. |
Online Activity | Internet and other electronic network activity information including, but not limited to, browsing history, search history, and information regarding your interaction with websites, applications or advertisements. |
Audiovisual Information | Audio, electronic, visual, and similar information, such as your photos, posts, and other content you generate. |
Inferences | Inferences drawn from any of the information identified above to create a profile about you reflecting your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. |
- Personalize your experience;
- Process and fulfill orders;
- Personalize your experience;
- Short-term, transient use;
- Provide you with customer support, communications, updates, promotions, announcements, and other news about relevant features and aspects of our Services;
- Enable social features, such as connecting you with other users;
- Provide you with advertising and marketing related to our Services;
- Auditing related to counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance;
- Undertake activities to verify, maintain, or improve the quality, safety, security, and integrity of our Services and to improve, upgrade, or enhance them;
- Undertake activities to identify and repair errors that impair existing intended functionality (i.e. debugging);
- Conduct internal research for technological development and demonstration; and
- Where we believe it is necessary, fulfill or protect our legal rights, interests, and protect the interests of others.
Category of Third Parties | Categories of Personal Information Disclosed |
Other users of the Service, if you ask us to | Identifiers, Commercial Information |
Vendors (e.g., to help process and fulfill orders, improve safety, security, and integrity, prevent fraud, provide non-personalized advertising, and perform analytics) | Identifiers, Personal Records, Protected Classifications, Commercial Information, Online Activity, Audiovisual Information, Inferences |
Professional services organizations, such as auditors and law firms | Identifiers, Personal Records, Protected Classifications, Commercial Information, Online Activity, Audiovisual Information, Inferences |
Business partners, such as those with whom we run promotions | Identifiers, Protected Classifications, Commercial Information, Online Activity |
Law enforcement authorities, regulators and other government entities | Identifiers, Personal Records, Protected Classifications, Commercial Information, Online Activity, Audiovisual Information, Inferences |
- Right to Know (Access): You have the right to request, twice in a 12-month period, that we disclose to you the personal information related to you that we have collected, used, disclosed, and sold during the past 12 months, as well as the specific pieces of personal information we have collected about you during the past 12 months. Click here to request a copy of the specific pieces of personal information we have collected about you during the past 12 months. This Notice describes the personal information we have collected, used, disclosed, and sold during the past 12 months.
- Right to Correct: You have the right to request that we correct inaccurate personal information about you. To do so, please email [email protected].
- Right to Delete: You have the right to request that we delete certain of the personal information we have collected from you. Click here to submit a deletion request.
- Right to Opt Out of Sale or Sharing: You have the right to opt-out of the Sale or Sharing of your personal information by Poshmark. If you are accessing this Notice using your web browser, you may request to opt out here: Do Not Sell or Share My Personal Information. If you are accessing this Notice using the Poshmark App, you may request to opt out here: Do Not Sell or Share My Personal Information. Please note that, if you are not logged in, your opt-out will be specific to the web browser or device you use at the time you exercise your opt-out rights and, if you use multiple web browsers or devices, you will need to opt out from each browser and device.
- Right to Limit: We do not use or disclose sensitive personal information for the purpose of “inferring characteristics” about you, except as otherwise expressly permitted under the CCPA.
Effective December 19th 2023 to December 19th 2023
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Category | Personal Information this Category Includes |
Identifiers | Identifiers, such as real name, alias, postal address, unique personal identifier (e.g., device identifiers; cookies, beacons, pixel tags, mobile ad identifiers, or similar technology; customer number, unique pseudonym, or user alias; telephone number and other forms of persistent or probabilistic identifiers), online identifier, IP address, email address, account name, Social Security number, driver’s license number, state identification card number, passport number, or other similar identifiers. |
Personal Records | Signature, physical characteristics or description (such as any size preferences you may have set), education (college and class year), bank account number, credit card number, debit card number, and other financial information |
Protected Classifications | Characteristics of protected classifications under California or federal law, such as age and gender. |
Commercial Information | Commercial information, including records of personal property, products or services purchased, obtained, or considered, and other purchasing or consuming histories or tendencies. |
Online Activity | Internet and other electronic network activity information including, but not limited to, browsing history, search history, and information regarding your interaction with websites, applications or advertisements. |
Audiovisual Information | Audio, electronic, visual, and similar information, such as your photos, posts, and other content you generate. |
Inferences | Inferences drawn from any of the information identified above to create a profile about you reflecting your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. |
- Personalize your experience;
- Process and fulfill orders;
- Personalize your experience;
- Short-term, transient use;
- Provide you with customer support, communications, updates, promotions, announcements, and other news about relevant features and aspects of our Services;
- Enable social features, such as connecting you with other users;
- Provide you with advertising and marketing related to our Services;
- Auditing related to counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance;
- Undertake activities to verify, maintain, or improve the quality, safety, security, and integrity of our Services and to improve, upgrade, or enhance them;
- Undertake activities to identify and repair errors that impair existing intended functionality (i.e. debugging);
- Conduct internal research for technological development and demonstration; and
- Where we believe it is necessary, fulfill or protect our legal rights, interests, and protect the interests of others.
Category of Third Parties | Categories of Personal Information Disclosed |
Other users of the Service, if you ask us to | Identifiers, Commercial Information |
Vendors (e.g., to help process and fulfill orders, improve safety, security, and integrity, prevent fraud, provide non-personalized advertising, and perform analytics) | Identifiers, Personal Records, Protected Classifications, Commercial Information, Online Activity, Audiovisual Information, Inferences |
Professional services organizations, such as auditors and law firms | Identifiers, Personal Records, Protected Classifications, Commercial Information, Online Activity, Audiovisual Information, Inferences |
Business partners, such as those with whom we run promotions | Identifiers, Protected Classifications, Commercial Information, Online Activity |
Law enforcement authorities, regulators and other government entities | Identifiers, Personal Records, Protected Classifications, Commercial Information, Online Activity, Audiovisual Information, Inferences |
- Right to Know (Access): You have the right to request, twice in a 12-month period, that we disclose to you the personal information related to you that we have collected, used, disclosed, and sold during the past 12 months, as well as the specific pieces of personal information we have collected about you during the past 12 months. Click here to request a copy of the specific pieces of personal information we have collected about you during the past 12 months. This Notice describes the personal information we have collected, used, disclosed, and sold during the past 12 months.
- Right to Correct: You have the right to request that we correct inaccurate personal information about you. To do so, please email [email protected].
- Right to Delete: You have the right to request that we delete certain of the personal information we have collected from you. Click here to submit a deletion request.
- Right to Opt Out of Sale or Sharing: You have the right to opt-out of the Sale or Sharing of your personal information by Poshmark. If you are accessing this Notice using your web browser, you may request to opt out here: Do Not Sell or Share My Personal Information. If you are accessing this Notice using the Poshmark App, you may request to opt out here: Do Not Sell or Share My Personal Information. Please note that, if you are not logged in, your opt-out will be specific to the web browser or device you use at the time you exercise your opt-out rights and, if you use multiple web browsers or devices, you will need to opt out from each browser and device.
- Right to Limit: We do not use or disclose sensitive personal information for the purpose of “inferring characteristics” about you, except as otherwise expressly permitted under the CCPA.
Effective December 18th 2023 to December 19th 2023
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Category | Personal Information this Category Includes |
Identifiers | Identifiers, such as real name, alias, postal address, unique personal identifier (e.g., device identifiers; cookies, beacons, pixel tags, mobile ad identifiers, or similar technology; customer number, unique pseudonym, or user alias; telephone number and other forms of persistent or probabilistic identifiers), online identifier, IP address, email address, account name, Social Security number, driver’s license number, state identification card number, passport number, or other similar identifiers. |
Personal Records | Signature, physical characteristics or description (such as any size preferences you may have set), education (college and class year), bank account number, credit card number, debit card number, and other financial information |
Protected Classifications | Characteristics of protected classifications under California or federal law, such as age and gender. |
Commercial Information | Commercial information, including records of personal property, products or services purchased, obtained, or considered, and other purchasing or consuming histories or tendencies. |
Online Activity | Internet and other electronic network activity information including, but not limited to, browsing history, search history, and information regarding your interaction with websites, applications or advertisements. |
Audiovisual Information | Audio, electronic, visual, and similar information, such as your photos, posts, and other content you generate. |
Inferences | Inferences drawn from any of the information identified above to create a profile about you reflecting your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. |
- Personalize your experience;
- Process and fulfill orders;
- Personalize your experience;
- Short-term, transient use;
- Provide you with customer support, communications, updates, promotions, announcements, and other news about relevant features and aspects of our Services;
- Enable social features, such as connecting you with other users;
- Provide you with advertising and marketing related to our Services;
- Auditing related to counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance;
- Undertake activities to verify, maintain, or improve the quality, safety, security, and integrity of our Services and to improve, upgrade, or enhance them;
- Undertake activities to identify and repair errors that impair existing intended functionality (i.e. debugging);
- Conduct internal research for technological development and demonstration; and
- Where we believe it is necessary, fulfill or protect our legal rights, interests, and protect the interests of others.
Category of Third Parties | Categories of Personal Information Disclosed |
Other users of the Service, if you ask us to | Identifiers, Commercial Information |
Vendors (e.g., to help process and fulfill orders, improve safety, security, and integrity, prevent fraud, provide non-personalized advertising, and perform analytics) | Identifiers, Personal Records, Protected Classifications, Commercial Information, Online Activity, Audiovisual Information, Inferences |
Professional services organizations, such as auditors and law firms | Identifiers, Personal Records, Protected Classifications, Commercial Information, Online Activity, Audiovisual Information, Inferences |
Business partners, such as those with whom we run promotions | Identifiers, Protected Classifications, Commercial Information, Online Activity |
Law enforcement authorities, regulators and other government entities | Identifiers, Personal Records, Protected Classifications, Commercial Information, Online Activity, Audiovisual Information, Inferences |
- Right to Know (Access): You have the right to request, twice in a 12-month period, that we disclose to you the personal information related to you that we have collected, used, disclosed, and sold during the past 12 months, as well as the specific pieces of personal information we have collected about you during the past 12 months. Click here to request a copy of the specific pieces of personal information we have collected about you during the past 12 months. This Notice describes the personal information we have collected, used, disclosed, and sold during the past 12 months.
- Right to Correct: You have the right to request that we correct inaccurate personal information about you. To do so, please email [email protected].
- Right to Delete: You have the right to request that we delete certain of the personal information we have collected from you. Click here to submit a deletion request.
- Right to Opt Out of Sale or Sharing: You have the right to opt-out of the Sale or Sharing of your personal information by Poshmark. If you are accessing this Notice using your web browser, you may request to opt out here: Do Not Sell or Share My Personal Information. If you are accessing this Notice using the Poshmark App, you may request to opt out here: Do Not Sell or Share My Personal Information. Please note that, if you are not logged in, your opt-out will be specific to the web browser or device you use at the time you exercise your opt-out rights and, if you use multiple web browsers or devices, you will need to opt out from each browser and device.
- Right to Limit: We do not use or disclose sensitive personal information for the purpose of “inferring characteristics” about you, except as otherwise expressly permitted under the CCPA.
Effective December 18th 2023 to December 18th 2023
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Category | Personal Information this Category Includes |
Identifiers | Identifiers, such as real name, alias, postal address, unique personal identifier (e.g., device identifiers; cookies, beacons, pixel tags, mobile ad identifiers, or similar technology; customer number, unique pseudonym, or user alias; telephone number and other forms of persistent or probabilistic identifiers), online identifier, IP address, email address, account name, Social Security number, driver’s license number, state identification card number, passport number, or other similar identifiers. |
Personal Records | Signature, physical characteristics or description (such as any size preferences you may have set), education (college and class year), bank account number, credit card number, debit card number, and other financial information |
Protected Classifications | Characteristics of protected classifications under California or federal law, such as age and gender. |
Commercial Information | Commercial information, including records of personal property, products or services purchased, obtained, or considered, and other purchasing or consuming histories or tendencies. |
Online Activity | Internet and other electronic network activity information including, but not limited to, browsing history, search history, and information regarding your interaction with websites, applications or advertisements. |
Audiovisual Information | Audio, electronic, visual, and similar information, such as your photos, posts, and other content you generate. |
Inferences | Inferences drawn from any of the information identified above to create a profile about you reflecting your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. |
- Personalize your experience;
- Process and fulfill orders;
- Personalize your experience;
- Short-term, transient use;
- Provide you with customer support, communications, updates, promotions, announcements, and other news about relevant features and aspects of our Services;
- Enable social features, such as connecting you with other users;
- Provide you with advertising and marketing related to our Services;
- Auditing related to counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance;
- Undertake activities to verify, maintain, or improve the quality, safety, security, and integrity of our Services and to improve, upgrade, or enhance them;
- Undertake activities to identify and repair errors that impair existing intended functionality (i.e. debugging);
- Conduct internal research for technological development and demonstration; and
- Where we believe it is necessary, fulfill or protect our legal rights, interests, and protect the interests of others.
Category of Third Parties | Categories of Personal Information Disclosed |
Other users of the Service, if you ask us to | Identifiers, Commercial Information |
Vendors (e.g., to help process and fulfill orders, improve safety, security, and integrity, prevent fraud, provide non-personalized advertising, and perform analytics) | Identifiers, Personal Records, Protected Classifications, Commercial Information, Online Activity, Audiovisual Information, Inferences |
Professional services organizations, such as auditors and law firms | Identifiers, Personal Records, Protected Classifications, Commercial Information, Online Activity, Audiovisual Information, Inferences |
Business partners, such as those with whom we run promotions | Identifiers, Protected Classifications, Commercial Information, Online Activity |
Law enforcement authorities, regulators and other government entities | Identifiers, Personal Records, Protected Classifications, Commercial Information, Online Activity, Audiovisual Information, Inferences |
- Right to Know (Access): You have the right to request, twice in a 12-month period, that we disclose to you the personal information related to you that we have collected, used, disclosed, and sold during the past 12 months, as well as the specific pieces of personal information we have collected about you during the past 12 months. Click here to request a copy of the specific pieces of personal information we have collected about you during the past 12 months. This Notice describes the personal information we have collected, used, disclosed, and sold during the past 12 months.
- Right to Correct: You have the right to request that we correct inaccurate personal information about you. To do so, please email [email protected].
- Right to Delete: You have the right to request that we delete certain of the personal information we have collected from you. Click here to submit a deletion request.
- Right to Opt Out of Sale or Sharing: You have the right to opt-out of the Sale or Sharing of your personal information by Poshmark. If you are accessing this Notice using your web browser, you may request to opt out here: Do Not Sell or Share My Personal Information. If you are accessing this Notice using the Poshmark App, you may request to opt out here: Do Not Sell or Share My Personal Information. Please note that, if you are not logged in, your opt-out will be specific to the web browser or device you use at the time you exercise your opt-out rights and, if you use multiple web browsers or devices, you will need to opt out from each browser and device.
- Right to Limit: We do not use or disclose sensitive personal information for the purpose of “inferring characteristics” about you, except as otherwise expressly permitted under the CCPA.
Minors Policy
Effective December 18th 2023
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Seller Policy
Effective August 27th 2024
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Seller Benefits | |
Sell it | One-click listing with Reposh and copy listing features. |
Livestreaming with Posh Shows brings your closet to life and connects you to your customers in real-time. | |
Pricing tools allow you to easily set and negotiate your price with customers. | |
Closet management tools like My Closet Insights and Bulk Actions help you proactively manage your listings. | |
Customer relationship management with My Shoppers enables you to engage and close customer leads. | |
Free authentication on orders $500+ with Posh Authenticate. | |
Customer support and Posh Protect buyer protection. | |
Ship it | Free shipping labels sent straight to your inbox with PoshPost, our frictionless buyer-paid flat rate shipping program.* |
Printerless shipping is also available using shipping QR codes—scan your code at any USPS location. | |
Get paid | Fast and flexible payout options like Direct Deposit, ACH, Instant Transfer, Paypal, and Venmo. |
Effective August 27th 2024 to August 27th 2024
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Seller Benefits | |
Sell it | One-click listing with Reposh and copy listing features. |
Livestreaming with Posh Shows brings your closet to life and connects you to your customers in real-time. | |
Pricing tools allow you to easily set and negotiate your price with customers. | |
Closet management tools like My Closet Insights and Bulk Actions help you proactively manage your listings. | |
Customer relationship management with My Shoppers enables you to engage and close customer leads. | |
Free authentication on orders $500+ with Posh Authenticate. | |
Customer support and Posh Protect buyer protection. | |
Ship it | Free shipping labels sent straight to your inbox with PoshPost, our frictionless buyer-paid flat rate shipping program.* |
Printerless shipping is also available using shipping QR codes—scan your code at any USPS location. | |
Get paid | Fast and flexible payout options like Direct Deposit, ACH, Instant Transfer, Paypal, and Venmo. |
Effective December 18th 2023 to August 27th 2024
DownloadTable of Contents
Seller Benefits | |
Sell it | One-click listing with Reposh and copy listing features. |
Livestreaming with Posh Shows brings your closet to life and connects you to your customers in real-time. | |
Pricing tools allow you to easily set and negotiate your price with customers. | |
Closet management tools like My Closet Insights and Bulk Actions help you proactively manage your listings. | |
Customer relationship management with My Shoppers enables you to engage and close customer leads. | |
Free authentication on orders $500+ with Posh Authenticate. | |
Customer support and Posh Protect buyer protection. | |
Ship it | Free shipping labels sent straight to your inbox with PoshPost, our frictionless buyer-paid flat rate shipping program.* |
Printerless shipping is also available using shipping QR codes—scan your code at any USPS location. | |
Get paid | Fast and flexible payout options like Direct Deposit, ACH, Instant Transfer, Paypal, and Venmo. |
Buyer Policy
Effective December 18th 2023
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- The Buyer cancels an order within three (3) hours of purchase; or
- The purchase has been canceled when explicitly permitted by Poshmark or if applicable, a Seller; or
- The listing expressly indicates the availability of returns.
Fee Policy
Effective December 18th 2023
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Prohibited Items Policy
Effective June 11th 2024
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- disclose key details about the item(s) included in the mystery box including: quantity, brand(s), item(s) category, size(s) and condition of each item;
- provide a truthful assessment of the value of the item(s) in the mystery box; and
- keep the mystery box on camera and reveal the contents upon completion of the auction if sold during a Posh Show.
- Branded handbags, sneakers, and sports jerseys that were not produced by a licensed manufacturer, like a purse bearing the Chanel name or logo that was not made by Chanel;
- Altered products made by embellishing, upcycling, or repurposing all or portions of trademarked and authentic branded items to change the form or function of the original item without the rights owner or brand’s permission, such as using material from a luxury bag to make a necklace or keychain; and/or
- Pirated or unauthorized recordings of digital media, like movies and TV shows.
- Hateful speech and symbols;
- Harmful stereotypes and demeaning depictions of protected groups;
- Condoning the views or activities of hateful or violent groups or individuals;
- Threatening or inciting violence towards others; and/or
- Promoting self harm or suicide.
- Aerosols and ozone-depleting substances;
- Fuels, combustibles, and explosive precursors;
- Carcinogens, poisons, and pesticides;
- Radioactive materials; and/or
- Toxic plant materials.
- Cuba
- Crimea, (KYRM) region of Ukraine
- Donetsk People’s Republic (DNR) region of Ukraine
- Luhansk People’s Republic (LNR) region of Ukraine
- Democratic People's Republic of Korea (North Korea)
- Iran
- Syria
- Elephant and mammoth ivory; commonly found in netsuke and okimono figurines, billiard balls, game pieces, and many kinds of jewelry;
- Marine turtle shell; commonly found in bracelets, hair clips, and glasses;
- Pangolin leather belts and boots, commonly misidentified as anteater; and/or
- Cheetah, jaguar, leopard, lion, ocelot, and tiger fur, claws, and teeth; commonly found in coats and jewelry.
Effective February 15th 2024 to June 11th 2024
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- disclose key details about the item(s) included in the mystery box including: quantity, brand(s), item(s) category, size(s) and condition of each item;
- provide a truthful assessment of the value of the item(s) in the mystery box; and
- keep the mystery box on camera and reveal the contents upon completion of the auction if sold during a Posh Show.
- Branded handbags, sneakers, and sports jerseys that were not produced by a licensed manufacturer, like a purse bearing the Chanel name or logo that was not made by Chanel;
- Altered products made by embellishing, upcycling, or repurposing all or portions of trademarked and authentic branded items to change the form or function of the original item without the rights owner or brand’s permission, such as using material from a luxury bag to make a necklace or keychain; and/or
- Pirated or unauthorized recordings of digital media, like movies and TV shows.
- Hateful speech and symbols;
- Harmful stereotypes and demeaning depictions of protected groups;
- Condoning the views or activities of hateful or violent groups or individuals;
- Threatening or inciting violence towards others; and/or
- Promoting self harm or suicide.
- Aerosols and ozone-depleting substances;
- Fuels, combustibles, and explosive precursors;
- Carcinogens, poisons, and pesticides;
- Radioactive materials; and/or
- Toxic plant materials.
- Elephant and mammoth ivory; commonly found in netsuke and okimono figurines, billiard balls, game pieces, and many kinds of jewelry;
- Marine turtle shell; commonly found in bracelets, hair clips, and glasses;
- Pangolin leather belts and boots, commonly misidentified as anteater; and/or
- Cheetah, jaguar, leopard, lion, ocelot, and tiger fur, claws, and teeth; commonly found in coats and jewelry.
Effective December 18th 2023 to February 15th 2024
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- disclose key details about the item(s) included in the mystery box including: quantity, brand(s), item(s) category, size(s) and condition of each item;
- provide a truthful assessment of the value of the item(s) in the mystery box; and
- keep the mystery box on camera and reveal the contents upon completion of the auction if sold during a Posh Show.
- Branded handbags, sneakers, and sports jerseys that were not produced by a licensed manufacturer, like a purse bearing the Chanel name or logo that was not made by Chanel;
- Altered products made by repurposing all or portions of trademarked and authentic branded items into a different item without the rights owner or brand’s permission; and/or; and
- Pirated or unauthorized recordings of digital media, like movies and TV shows.
- Hateful speech and symbols;
- Harmful stereotypes and demeaning depictions of protected groups;
- Condoning the views or activities of hateful or violent groups or individuals;
- Threatening or inciting violence towards others; and/or
- Promoting self harm or suicide.
- Aerosols and ozone-depleting substances;
- Fuels, combustibles, and explosive precursors;
- Carcinogens, poisons, and pesticides;
- Radioactive materials; and/or
- Toxic plant materials.
- Elephant and mammoth ivory; commonly found in netsuke and okimono figurines, billiard balls, game pieces, and many kinds of jewelry;
- Marine turtle shell; commonly found in bracelets, hair clips, and glasses;
- Pangolin leather belts and boots, commonly misidentified as anteater; and/or
- Cheetah, jaguar, leopard, lion, ocelot, and tiger fur, claws, and teeth; commonly found in coats and jewelry.
Shipping Policy
Effective December 18th 2023
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Return Policy
Effective December 18th 2023
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- Undisclosed damage;
- Incorrect or missing item;
- Item not as described within the listing; or
- Item is not authentic.
Posh Show Policy
Effective December 18th 2023
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- Sellers set the starting price. If you are a Seller, please be sure to set the starting price that reflects a comfortable sale price for you. Once an auction has started, it cannot be canceled, and the starting price cannot be adjusted. Sellers are not permitted to bid on their own item or to ask others to bid up the prices on an item.
- All bids are final and binding. If you are the highest bidder when an auction concludes, your payment method will be charged for the winning bid amount, plus any shipping, taxes, or additional fees listed. Please note:
- There may be instances in which two users enter the same bid amount at nearly the same time. In this case, if your username is not displayed as the highest bidder, then your bid was not accepted, and you will need to submit a new, higher bid if you would like the item.
- Poshmark is not responsible for technical issues, including disconnection from the platform, while buying or selling. Bids entered and accepted prior to a loss of connection will be considered binding.
- Once Buy Now is enabled, Buyers will be able to purchase the featured listing directly in the Posh Show at the price indicated. Buy Now will be enabled until the listing is sold out, or until the host stops Buy Now or features another listing.
- All Buy Now purchases in a Posh Show are final and binding.
- Offer terms and eligibility requirements (e.g. age and residency)
- Official rules that include all all disclosures required by applicable laws and regulations and that include:
- A complete release of Poshmark by each entrant or participant; and
- A statement acknowledging that the promotion is in no way associated with or sponsored, enforced, or administered by Poshmark; and
- Compliance with applicable laws and regulations governing the promotion and the prizes (e.g. registration requirements).
- Hosts must be 18 years of age or older.
- Hosts must be engaged with their own Posh Show by actively auctioning items or facilitating discussions related to selling on Poshmark.
- Hosts must appropriately designate whether their Posh Show is a “Live Show” or a “Silent Show.”
- Live Shows are Posh Shows where Hosts are actively engaging with viewer(s) through camera and the audio or chat features. Please note that in order to be a Live Show, relevant content, such as the Host, merchandise, or activities related to merchandising or selling on Poshmark, must remain on camera.
- Posh Shows that primarily will not incorporate such relevant video content should be designated as a Silent Show. Poshmark reserves the right to determine, at its sole discretion, whether a Posh Show has been appropriately designated as a Live Show or Silent Show.
- Except as specified above in the “Promotions”’ section, Posh Shows may not be used to post any content that constitutes a raffle, contest, sweepstakes, or giveaways involving pure luck or chance.
- Qualifying mystery listings are subject to additional requirements in order to be eligible for Seller protection. See our Prohibited Items Policy for details.
- Hosts must not engage in or promote unsafe activities during Posh Shows. In addition, Hosts must be aware and respectful of their surroundings, especially when hosting from public or shared spaces.
- Hosts and Sellers must not perform any activity that could be considered manipulating the bid price of an auction, including spoofing, shilling, or enlisting secondary or additional accounts to drive up the price.
Poshmark Consignment Network Terms of Service
Effective August 6th 2024
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- Items must be eligible for sale on Poshmark, with the exception of electronics, pet supplies and homegoods, which are not eligible for the Poshmark Consignment Network, as well as other items that may be restricted from our delivery partners or otherwise excluded by direct instruction during the Beta Program.
- Items must be in good condition and clean, with no holes, pilling, stains, signs of wear, alterations, or missing labels.
- Items that may be covered by our Prohibited Items Policy are excluded.
- Do not include anything in your Poshmark Consignment bag that is not eligible for sale (and intended to be sold) on Poshmark. This includes notes for the Closet Partner.
- Do not use your own packaging; you may only use the Poshmark Consignment bag that was provided to you.
- Ensure the filled Poshmark Consignment bag is under 50 pounds.
- Comply with any applicable policies of our delivery partner, Uber, including Uber’s Community Guidelines.