Privacy Policy

emu | Privacy & Cookie Policy

Last updated: June 16, 2023

This Privacy & Cookie Policy describes how Whaleco Inc., Whaleco UK Limited, Whaleco Technology Limited, and their affiliates (each, as applicable, “Temu,” “we,” “us” or “our”) handle personal information that we collect through our digital properties that link to this Privacy & Cookie Policy, including our websites, the Temu mobile application and Temu’s seller portal (collectively, the “Service”), as well as through social media, our marketing activities, and other activities described in this Privacy and Cookie Policy.

Index

Personal information we collect and hold

How we use and disclose your personal information

How we share your personal information

Your rights and choices

Retention

Other sites and services

Security

International data transfer

Children

Changes to this Privacy & Cookie Policy

How to contact us

Personal information we collect and hold

Information you provide to us. Personal information you may provide to us through the Service or otherwise may include:

Contact data, such as your first and last name, salutation, email address, billing and mailing addresses, and phone number.

Demographic Information, such as your city, state/county, country of residence, postal code, gender and age.

Profile data, such as the username and password that you may set to establish an online account on the Service, date of birth, redemption code, biographical details, photograph, links to your profiles on social networks, interests, preferences, information about your participation in our contests, promotions, or surveys, and any other information that you add to your account profile.

Communications that we exchange with you, including when you contact us through the Service, social media, or otherwise.

Transactional data, such as information relating to or needed to complete your orders on or through the Service, including order numbers and transaction history.

Marketing data, such as your preferences for receiving our marketing communications and details about your engagement with them.

User-generated content, such as profile pictures, photos, images, videos, audio recordings, comments, questions, messages, and other content or information that you generate, transmit, or otherwise make available on the Service, as well as associated metadata. Metadata includes information on how, when, where and by whom a piece of content was collected and how that content has been formatted or edited. Metadata also includes information that users can add or can have added to their content, such as keywords, geographical or location information, and other similar data.

Government-issued identification numbers, such as national identification number (e.g., Social Security Number, tax identification or file number, passport number), state or local identification number (e.g., driver’s license or state ID number), and an image of the relevant identification card.

Payment information needed to complete transactions, including payment card information or bank account number.

Promotional information, including information you share when you enter a competition, promotion or complete a survey. Please note that if you participate in a sweepstakes, contest or giveaway through the Service, we may ask you for your Contact Data to notify you if you win or not, to verify your identity and/or to send you prizes. In some situations, we may need additional information as a part of the entry process, such as a prize selection choice. These sweepstakes and contests are voluntary. We recommend that you read the rules and other relevant information for each sweepstakes and contest that you enter.

Other data not specifically listed here, which we will use as described in this Privacy and Cookie Policy or as otherwise disclosed at the time of collection.

Third-party sources. We may collect the types of personal information set forth above from the following third parties and combine such information with personal information we receive from you:

Sellers, including businesses and individuals who sell products on Temu.

Public sources, such as government agencies, public records, social media platforms, and other publicly available sources.

Data providers, such as information services and data licensors that provide demographic and other information, as well as credit bureaus, which help us detect fraud and offer certain credit-based services. This data may include your credit history information.

Our affiliate partners, such as our affiliate network provider and publishers, influencers, and promoters who participate in our paid affiliate programs.

Marketing partners such as joint marketing partners and event co-sponsors.

Third-party services, such as

Social media services, that you use to log into, or otherwise link to, your Service account. This data may include your username, profile picture and other information associated with your account on that third-party service that is made available to us based on your account settings on that service. Exactly what information we receive will depend on your privacy settings with the applicable platform.

Logistics service providers, who help us calibrate our fulfilment services. This data may include your delivery address information.

Automatic data collection. We, our service providers, and our business partners may automatically log information about you, your computer or mobile device, and your interaction over time with the Service, our communications and other online services, such as:

Device data, such as your computer’s or mobile device’s operating system type and version, manufacturer and model, browser type, screen resolution, RAM and disk size, CPU usage, device type (e.g., phone, tablet), IP address, unique identifiers (including identifiers used for advertising purposes), language settings, mobile device carrier, radio/network information (e.g., Wi-Fi, LTE, 3G), and general location information such as city, state or geographic area. We also collect service-related, diagnostic, and performance information, including crash reports and performance logs.

Online activity data, such as pages or screens you viewed, how long you spent on a page or screen, the website you visited before browsing to the Service, navigation paths between pages or screens, information about your activity on a page or screen, access times and duration of access, and whether you have opened our emails or clicked links within them.

Location data, including your general location data (e.g. IP address) and, with your permission, the precise location data of your mobile device. Please note that for most mobile devices, you can manage or disable the use of precise location services for all applications in the settings menu of your mobile device.

Cookies and similar technologies. Some of the automatic collection described above is facilitated by the following technologies:

Cookies, which are small text files that websites store on user devices and that allow web servers to record users’ web browsing activities and remember their submissions, preferences, and login status as they navigate a site or an app. Cookies used on our sites include both “session cookies” that are deleted when a session ends, “persistent cookies” that remain longer, “first party” cookies that we place and “third party” cookies that our third-party business partners and service providers place.

Local storage technologies, like HTML5, that provide cookie-equivalent functionality but can store larger amounts of data on your device outside of your browser in connection with specific applications.

Web beacons, also known as pixel tags or clear GIFs, which are used to demonstrate that a webpage or email address was accessed or opened, or that certain content was viewed or clicked.

Data about others. We may offer features that help you invite your friends or contacts to use the Service and, with your permission, we may collect information from your contacts list to help you send invitations.

How we use and disclose your personal information

We will only use and disclose your personal information when allowed by law and for the purposes for which we collected it, unless we reasonably consider that we need to use it for another purpose related to the original purpose. If we need to use or disclose your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. We are entitled to use or disclose your personal data in these ways:

When you have consented for us to do so;

When we need to perform our obligations under a contract with you;

To discharge legal or regulatory obligations;

In order to establish, exercise or defend our legal rights or for the purpose of legal proceedings; or

As necessary for our legitimate business interests (or the legitimate interests of our affiliate), such as:

providing our website or services to you;

to provide you information about a new product or service; or

any of the purposes set forth below.

We may collect, hold, use and disclose your personal information for the following purposes:

Service delivery. We may collect, hold use and disclose your personal information to:

provide, operate and improve the Service and our business;

establish and maintain your user profile on the Service;

facilitate your invitations to friends who you want to invite to join the Service;

enable security features of the Service, such as by sending you security codes via email or SMS, and remembering devices from which you have previously logged in;

communicate with you about the Service, including by sending announcements, updates, security alerts, and support and administrative messages;

understand your needs and interests, and personalize your experience with the Service and our communications, including finding and recommending products that might be of interest to you or features that are available where you are located;

administer sweepstakes, contests and other promotions and activities and we may use your user profile picture and name information to identify you in such promotions and activities;

prevent, detect, investigate, and respond to fraud, unauthorized access or use of the Service, breaches of terms and policies, or other wrongful behavior; and

provide support for the Service, and respond to your requests, questions and feedback.

Research and development. We may collect, hold, use and disclose your personal information for research and development purposes, including to analyse and improve the Service and our business. As part of these activities, we may create aggregated, de-identified or other anonymous data from personal information we collect. We make personal information into anonymous data by removing information that makes the data personally identifiable to you. We may collect, hold and use this anonymous data and share it with third parties for our lawful business purposes, including to analyse and improve the Service and promote our business.

Marketing and advertising. We, our service providers and our third-party advertising partners may collect, hold, use and disclose your personal information for marketing and advertising purposes:

Direct marketing. We may send you direct marketing communications. You may opt-out of our marketing communications as described in theOpt-out of marketing communications section below.

Interest-based advertising. Our third-party advertising partners may use cookies and similar technologies to collect information about your interaction (including the data described in the automatic data collection section above) with the Service, our communications and other online services over time, and use that information to serve online ads that they think will interest you. This is called interest-based advertising. We may also share information about our users with these companies to facilitate interest-based advertising to those or similar users on other online platforms. You can learn more about your choices for limiting interest-based advertising in the Your choices section below.

Compliance and protection. We may collect, hold, use and disclose your personal information to:

comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities;

protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims);

audit our internal processes for compliance with legal and contractual requirements or our internal policies;

enforce the terms and conditions that govern the Service; and

prevent, identify, investigate and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft.

With your consent. In some cases, we may specifically ask for your consent to collect, hold use or disclose your personal information, such as when required by law.

Cookies and similar technologies. In addition to the other uses included in this section, we may use the Cookies and similar technologies described above for the following purposes:

Strictly necessary cookies. These cookies are strictly necessary for our site to work properly and to provide you with our services and features. These cookies also allow us to measure and analyse how our customers use the site, to improve both its functionality and your shopping experience.

Preference cookies. These cookies will remember your preferences (e.g. your language or location) so we can make your shopping experience as seamless as possible and personalised to you.

Analytics and marketing cookies. We use cookies and similar technologies to promote our services on other platforms and websites, and to measure the effectiveness of our own marketing campaigns. Our advertising partners may collect your personal data to build a profile of your interests and show you relevant adverts on other sites.

How we share your personal information

We do not sell your personal information for money and we only share your personal information with the following parties and as otherwise described in this Privacy & Cookie Policy or at the time of collection.

Affiliates. Our corporate parent, subsidiaries, and affiliates, for purposes consistent with this Privacy & Cookie Policy.

Service providers. Third parties that provide services on our behalf or help us operate the Service or our business (such as hosting, information technology, customer support, email delivery, order fulfilment and delivery, marketing, consumer research and website analytics).

Payment processors. Any payment card information you use to make a purchase on the Service is collected and processed directly by our payment processors.

Advertising partners. Third-party advertising companies for the interest-based advertising purposes described above.

Third parties designated by you. We may share your personal data with third parties where you have instructed us or provided your consent to do so. For example, we may share your personal information with third-party advertisers with whom we are collaborating to offer you additional services such as sweepstakes, raffles and promotions. We will only share personal information that is needed for these other companies to provide the services that you have requested.

Business and marketing partners. Third parties with whom we co-sponsor events or promotions, with whom we jointly offer products or services, or whose products or services may be of interest to you.

Linked third-party services. If you log into the Service with, or otherwise link your Service account to, a social media or other third-party service, we may share your personal information with that third-party service. The third party’s use of the shared information will be governed by its privacy policy and the settings associated with your account with the third-party service.

Professional advisors. Professional advisors, such as lawyers, auditors, bankers and insurers, where necessary in the course of the professional services that they render to us.

Authorities and others. Law enforcement, government authorities, and private parties, as we believe in good faith to be necessary or appropriate for the compliance and protection purposes described above.

Business transferees. Acquirers and other relevant participants in business transactions (or negotiations of or due diligence for such transactions) involving a corporate divestiture, merger, consolidation, acquisition, reorganization, sale or other disposition of all or any portion of the business or assets of, or equity interests in, Temu or our affiliates (including, in connection with a bankruptcy or similar proceedings).

Sellers, other users, and the public.

We may share your personal Information with sellers to facilitate your transactions on or through the Service. For example, when you purchase a product on or through the Service, we normally share your personal information required to fulfill the purchase, such as shipping address and phone number, with the seller (or its service providers).

We may also share your personal information with other users and sellers to facilitate your interactions with them on or through the Service. For example, a seller’s store information is generally made available to users.

Your profile and other user-generated content (except for messages) may be visible to other users of the Service and the public. This includes your name, photo, location, reviews you have written (including any photo/video you upload with such reviews), and the list of people you follow or that follow you, as well as your username if you send messages, make comments, or upload images or videos through the Service. This information can be seen, collected and used by others, including being cached, copied, screen captured or stored elsewhere by others (e.g., search engines), and we are not responsible for any such use of this information. Use caution and good judgment before sharing personal information in public areas of the Service.

Your rights and choices

Data subject rights. You have rights in relation to the personal information that we hold about you. Depending on your residence or location these rights may include:

the right to obtain information regarding the processing of your personal data and access to the personal data which we hold about you;

the right to withdraw your consent to our processing of your personal data at any time (please note, however, that we may still be entitled to process your personal data if we have another legitimate reason other than consent for doing so);

in some circumstances, the right to receive some personal data in a structured, commonly used and machine-readable format and/or request that we transmit those data to a third party where this is technically feasible (though please note that this right only applies to personal data which you have provided to us);

the right to request that we rectify your personal data if it is inaccurate or incomplete;

the right to request that we erase your personal data in certain circumstances (though please note that there may be circumstances where you ask us to erase your personal data, but we are legally entitled to retain it);

the right to object to, and the right to request that we restrict, our processing of your personal data in certain circumstances. Again, there may be circumstances where you object to, or ask us to restrict, our processing of your personal data but we are legally entitled to continue processing your personal data and / or to refuse that request; and

the right to lodge a complaint with your data protection authority or with us in writing if you think that we have breached any of our obligations or infringed your rights under applicable privacy law.

You can exercise your rights by contacting us using the details set out in the “How to contact us” section below. We will respond to complaints in writing within a reasonable time. We will provide details regarding your applicable data protection authority upon request.

Access or update your information. If you have registered for an account with us through the Service, you may review and update or delete certain account information by logging into your account. Specifically, you can update your name, address, phone number, email address and password, payment methods, profile information and purchase history in the “my account” section of the app.

Opt-out of marketing communications. To manage your preferences or opt-out of marketing communications you can use any of the following methods.

Email Promotional Offers. If you do not want to receive emails from us regarding special promotions or offers, you may follow the unsubscribe options at the bottom of each email.

Mobile Promotional Offers. When you provide us with your mobile number, we may send you certain marketing alerts via text message. Standard data and message rates will apply. If you no longer wish to receive mobile marketing alerts from us, you can follow the instructions provided in those messages or otherwise reply STOP to any alert we send.

Push Notifications. When you use the mobile app, you may receive push notifications. If you prefer not to receive push notifications, you may adjust your settings on your mobile device to control whether you want to receive these alerts.

Cookies and similar technologies. Most browsers let you remove or reject cookies. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. Please note that if you set your browser to disable cookies, the Service may not work properly. For more information about cookies, including how to see what cookies have been set on your browser and how to manage and delete them, visit www.allaboutcookies.org. You can also configure your device to prevent images from loading to prevent web beacons from functioning.

Mobile location data. You can disable our access to your device’s precise geolocation in your mobile device settings.

Advertising choices. You can limit use of your information for interest-based advertising by:

Browser settings. Blocking third-party cookies in your browser settings.

Privacy browsers/plug-ins. By using privacy browsers or ad-blocking browser plug-ins that let you block tracking technologies.

Platform settings. Google and Facebook offer opt-out features that let you opt-out of use of your information for interest-based advertising:

Google: https://adssettings.google.com/

Facebook: https://www.facebook.com/about/ads

Ad industry tools. Opting out of interest-based ads from companies participating in the following industry opt-out programs:

Network Advertising Initiative: http://www.networkadvertising.org/managing/opt_out.asp

Digital Advertising Alliance: optout.aboutads.info

AppChoices mobile app, available at https://www.youradchoices.com/appchoices, which will allow you to opt-out of interest-based ads in mobile apps served by participating members of the Digital Advertising Alliance.

Mobile settings. Using your mobile device settings to limit use of the advertising ID associated with your mobile device for interest-based advertising purposes.

For iOS 14.5 or Higher: Go to your Settings > Select Privacy > Select Tracking > Disable the "Allow Apps to Request to Track" setting.

For Android devices with OS 2.2 or higher and Google Play Services version 4.0 or higher: Open your Google Settings app > Ads > Enable "Opt out of interest-based advertising."

You will need to apply these opt-out settings on each device from which you wish to opt-out.

We cannot offer any assurances as to whether the companies we work with participate in the opt-out programs described above.

Do Not Track. Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” or similar signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.

Declining to provide information. We need to collect personal information to provide certain services. If you do not provide the information we identify as required or mandatory, we may not be able to provide those services.

Linked third-party platforms. If you choose to connect to the Service through your social media account or other third-party platform, you may be able to use your settings in your account with that platform to limit the information we receive from it. If you revoke our ability to access information from a third-party platform, that choice will not apply to information that we have already received from that third party.

Delete your content or close your account. You can choose to delete certain content through your account. You could delete your account in the “settings” section of the app.

Retention

We only retain personal information as long as we require it to fulfil the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements, to establish or defend legal claims, or for fraud prevention purposes. This time period will vary depending on the type of personal information and our reasons for processing it, as well as any legal obligations we have.To determine the appropriate retention period for personal information, we may consider factors such as the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.

When we no longer require the personal information we have collected about you, we may either delete it, or anonymize it. If this is not technically possible we will isolate it from further processing. or put the relevant data ‘beyond use’.

Other sites and services

The Service may contain links to websites, mobile applications, and other online services operated by third parties. In addition, our content may be integrated into web pages or other online services that are not associated with us. These links and integrations are not an endorsement of, or representation that we are affiliated with, any third party. We do not control websites, mobile applications or online services operated by third parties, and we are not responsible for their actions. We encourage you to read the privacy policies of the other websites, mobile applications and online services you use.

Security

We employ a number of technical, organizational and physical safeguards designed to protect the personal information we collect. However, security risk is inherent in all internet and information technologies and we cannot guarantee the security of your personal information.

International data transfers

The personal information that we collect from you may be transferred, disclosed, stored, and processed at or to locations outside your country. Such locations may include anywhere Temu and its affiliates operate. When we transfer your personal data outside of your country, we will ensure that it is protected in a manner that is consistent with how your personal data will be protected by us in your country. This can be done in a number of ways, for instance:

the country to which we send the data might be approved by the applicable data protection authority; or

an appropriate data transfer mechanism will be used (such as the recipient might have signed up to a contract based on “model contractual clauses” approved by the Information Commissioner’s Office or European Commission, obliging them to protect your personal data).

In other circumstances the law may permit us to otherwise transfer your personal data outside your country. In all cases, however, we will ensure that any transfer of your personal data is compliant with applicable privacy and data protection laws. You can obtain more details of the protection given to your personal data when it is transferred outside your country by contacting us in accordance with the “How to contact us” section below.

Children

The Service is not intended for use by anyone under 18 years of age. If you are a parent or guardian of a child from whom you believe we have collected personal information in a manner prohibited by law, please contact us. If we learn that we have collected personal information through the Service from a child without the consent of the child’s parent or guardian as required by law, we will comply with applicable legal requirements to delete the information.

Changes to this Privacy & Cookie Policy

We reserve the right to modify this Privacy & Cookie Policy at any time. If we make material changes to this Privacy & Cookie Policy, we will notify you by updating the date of this Privacy & Cookie Policy and posting it on the Service or other appropriate means. Any modifications to this Privacy & Cookie Policy will be effective upon our posting the modified version (or as otherwise indicated at the time of posting). In all cases, your use of the Service after the effective date of any modified Privacy & Cookie Policy indicates your acceptance of the modified Privacy & Cookie Policy.

How to contact us

Email our Data Protection Officer at: privacy@eur.temu.com for the EU or privacy@uk.temu.com for the UK

Mail to Whaleco Inc.:

Whaleco Inc.

Suite 355, 31 St. James Avenue

Boston, Massachusetts 02116

USA

Mail to Whaleco Technology Limited or Whaleco UK Limited:

Whaleco Technology Limited.

First Floor, 25 St

Stephens Green

Dublin 2, Ireland