when EBAY puts another sellers items in your listings is that violating GDPR?

[paulie_58]

So when EBAY puts another sellers items as an ad in your listings is that violating GDPR?

I am wondering what the consensus is?  EBAY is a global corporation but is based in California. 

They took your personal data that you provided them, put an ad in the listing you provided the data for, dont tell you they are doing it--- and then made money off of it (not to mention ruined your sale). 

Not that I think EBay is already GDPR compliant as I am sure they are not.

[goodluckselling]

https://www.ebay.com/help/policies/member-behaviour-policies/user-agreement?id=4259

Seller fees don't purchase exclusive rights to item exposure on eBay, whether on a web page, mobile app, or otherwise. We may, in our sole discretion and without consent from, or payment, fee reduction, or other credit to, sellers, display third-party advertisements (including links and references thereto) or other content in any part of our Services.

https://www.ebay.com/help/account/adchoice/adchoice?id=4648

I hope that helps your misunderstanding?

Good Luck Selling!

[paulie_58]

When was that codicil added to the ebay agreement? Do you have a date of which seller update? 

Was this always part of the user agreement?

[thatsallfolks]

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@paulie_58 wrote:

So when EBAY puts another sellers items as an ad in your listings is that violating GDPR?

I am wondering what the consensus is?  EBAY is a global corporation but is based in California. 

They took your personal data that you provided them, put an ad in the listing you provided the data for, dont tell you they are doing it--- and then made money off of it (not to mention ruined your sale). 

Not that I think EBay is already GDPR compliant as I am sure they are not.

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You're paying eBay to display your listing to the world. GDPR is about NOT sharing data of YOURS that you don't want shared. It's not applicable here. If they posted your email address on your listing without your permission, then it would apply.

[paulie_58]

Never mind I just looked at the link. Prior to 2018 this was not part of the user agreement. No one signed a contract stating they agree to it--- ebay just took it upon themselves to add this section April 2018.

[dasm-2785]

When you signed up you agree that they could change the terms of the user agreement at any point in time with or without warning

[paulie_58]

Yes but sharing my data with another seller is not the world. I didnt agree to another seller being in my listing not now not prior or before 2018 or after.

[goodluckselling]

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@paulie_58 wrote:

When was that codicil added to the ebay agreement? Do you have a date of which seller update? 

Was this always part of the user agreement?

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I do not know but all I did was pull up the user agreement and then used a find function, then searched "third party advertising". 

The second link shows you how you can opt out of some of the advertising. 

Good Luck Selling!

[goodluckselling]

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@paulie_58 wrote:

Never mind I just looked at the link. Prior to 2018 this was not part of the user agreement. No one signed a contract stating they agree to it--- ebay just took it upon themselves to add this section April 2018.

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Every time you create a listing that is active you are agreeing to all the terms of use outlined.  It is located right above the submit listing button each time you create a listing.

Good Luck Selling!

[dasm-2785]

No it's not sharing your data with another seller it's simply placing your ad on another sellers page or placing their ad on your page.

It's not your personal data it's something that you posted publicly on eBay website if you don't want your listing showing on other sellers or them showing other sellers listings on your page then you need to quit using eBay.

[goodluckselling]

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@paulie_58 wrote:

Yes but sharing my data with another seller is not the world. I didnt agree to another seller being in my listing not now not prior or before 2018 or after.

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Yes you did.  It is in the details right above the submit listing button.  They encourage you to read the terms before you submit your listings.  I guess you might not have ever done that?

Good Luck Selling!

[paulie_58]

OK well thank you for explaining this to me.  Its the answer I expected.

[ted_200]

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@goodluckselling wrote:

https://www.ebay.com/help/policies/member-behaviour-policies/user-agreement?id=4259

Seller fees don't purchase exclusive rights to item exposure on eBay, whether on a web page, mobile app, or otherwise. We may, in our sole discretion and without consent from, or payment, fee reduction, or other credit to, sellers, display third-party advertisements (including links and references thereto) or other content in any part of our Services.

https://www.ebay.com/help/account/adchoice/adchoice?id=4648

I hope that helps your misunderstanding?

Good Luck Selling!

---

That's all well and good.

And yes, I believe that was added with the Spring Update UA revision, earlier this year.

However, the GDPR is an EU regulation regarding internet privacy and user rights.  I do not believe eBay can simply gut it by putting some terms into their UA.  So the OP's question is still valid, and if the practice does somehow violate the GDPR, eBay's UA terms will not absolve them of compliance in they eyes of the EU. 

[ted_200]

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@goodluckselling wrote:

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@paulie_58 wrote:

Never mind I just looked at the link. Prior to 2018 this was not part of the user agreement. No one signed a contract stating they agree to it--- ebay just took it upon themselves to add this section April 2018.

---

Every time you create a listing that is active you are agreeing to all the terms of use outlined.  It is located right above the submit listing button each time you create a listing.

Good Luck Selling!

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You cannot make something illegal into something legal by having users agree to your right to do it via a User Agreement. 

[thatsallfolks]

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@ted_200 wrote:

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@goodluckselling wrote:

https://www.ebay.com/help/policies/member-behaviour-policies/user-agreement?id=4259

Seller fees don't purchase exclusive rights to item exposure on eBay, whether on a web page, mobile app, or otherwise. We may, in our sole discretion and without consent from, or payment, fee reduction, or other credit to, sellers, display third-party advertisements (including links and references thereto) or other content in any part of our Services.

https://www.ebay.com/help/account/adchoice/adchoice?id=4648

I hope that helps your misunderstanding?

Good Luck Selling!

---

That's all well and good.

And yes, I believe that was added with the Spring Update UA revision, earlier this year.

However, the GDPR is an EU regulation regarding internet privacy and user rights.  I do not believe eBay can simply gut it by putting some terms into their UA.  So the OP's question is still valid, and if the practice does somehow violate the GDPR, eBay's UA terms will not absolve them of compliance in they eyes of the EU. 

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No, it wouldn't, but how would putting a piece of another seller's listing on your listing violate privacy regulations? Your listing is publicly displayed, with your permission.