KINGSTON EXPRESS #

SELLER DATA PROCESSING & CONFIDENTIALITY TERMS #

Last Updated: [Insert Date]

These Seller Data Processing & Confidentiality Terms (“Data Terms”) govern how sellers may access, use, and process buyer data through the Kingston Express platform, including use of Kingston Express–provided messaging and marketing tools.

These Data Terms apply to all third-party sellers and form part of the Marketplace Seller Agreement.

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1. PURPOSE & SCOPE #

Kingston Express provides sellers limited access to buyer data solely through the Platform to:

• Fulfill and manage orders
• Provide customer support
• Send platform-approved promotional communications where buyers have opted in

Buyer data remains subject to strict confidentiality, security, and usage limitations.

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2. BUYER DATA OWNERSHIP & CONTROL #

• Buyer data is controlled by Kingston Express
• Sellers are granted a limited, revocable, non-transferable right to process buyer data strictly as permitted under these Terms
• Sellers do not own buyer data and may not retain or reuse it outside permitted purposes

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3. PERMITTED USES OF BUYER DATA #

Sellers may use buyer data only for:

3.1 Order & Support Purposes #

• Order confirmation and processing
• Dispatchment and delivery coordination
• Returns, refunds, and dispute handling
• Buyer support related to a Platform order

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3.2 Platform-Provided Marketing Tools (NEW) #

Where a buyer has explicitly opted in, sellers may use Kingston Express–provided SMS and email marketing tools to send promotional messages to buyers within the Platform.

Such communications must:

• Be sent only using Kingston Express systems
• Be limited to the scope of the buyer’s opt-in consent
• Relate to the seller’s products or store
• Comply with all Platform rules and applicable law

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4. PROHIBITED USES (UPDATED – NON-NEGOTIABLE) #

Sellers must not:

• Export, download, scrape, or store buyer contact information
• Send promotional messages outside Kingston Express systems
• Contact buyers using personal email, SMS, WhatsApp, or social media
• Use buyer data to build independent marketing lists
• Use buyer data after opt-out or withdrawal of consent
• Share buyer data with third parties
• Circumvent Platform consent, unsubscribe, or frequency controls

All marketing activity must occur exclusively through Kingston Express tools.

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5. BUYER CONSENT & OPT-IN REQUIREMENTS (NEW) #

• Promotional messaging is permitted only where the buyer has opted in
• Consent is managed and recorded by Kingston Express
• Sellers must not:
  • Attempt to obtain consent outside the Platform
  • Incentivize buyers to opt in in misleading ways
  • Ignore unsubscribe or preference settings

Kingston Express may suspend marketing access where consent misuse is detected.

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6. MESSAGE CONTENT & CONDUCT RULES (NEW) #

Seller communications must:

• Be accurate and not misleading
• Clearly identify the seller
• Include unsubscribe or preference controls (where applicable)
• Not contain prohibited, deceptive, or unlawful content

Kingston Express may moderate, block, or remove messages that violate policy.

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7. DATA SECURITY OBLIGATIONS #

Sellers must implement reasonable safeguards to protect buyer data, including:

• Restricted access to authorized personnel
• Secure systems and credentials
• Protection against unauthorized access or disclosure

Sellers must not store buyer data in personal devices or unsecured systems.

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8. DATA RETENTION & DELETION #

• Buyer data must be retained only as long as necessary
• Sellers must delete or anonymize buyer data when no longer required
• Kingston Express may issue mandatory deletion instructions

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9. DATA BREACH NOTIFICATION DUTIES #

A data breach includes unauthorized access, disclosure, loss, or misuse of buyer data.

In the event of a breach, the seller must:

1. Notify Kingston Express immediately
2. Provide full details of the incident
3. Cooperate with investigation and remediation

Sellers must not notify buyers or regulators without Kingston Express’s prior approval unless legally required.

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10. AUDIT, MONITORING & ENFORCEMENT #

Kingston Express may:

• Monitor seller messaging activity
• Audit compliance with these Data Terms
• Suspend or revoke marketing privileges
• Take enforcement action under the Seller Agreement

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11. CONSEQUENCES OF NON-COMPLIANCE #

Violations may result in:

• Immediate suspension of marketing tools
• Account suspension or termination
• Withholding of funds
• Legal action where appropriate

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12. RELATIONSHIP TO PRIVACY NOTICE #

Processing of personal data by Kingston Express is governed by the Privacy Notice.

Sellers acknowledge that Kingston Express determines buyer consent settings and data-processing permissions.

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13. UPDATES #

These Data Terms may be updated from time to time.

Continued use of the Platform constitutes acceptance of the updated Terms.