Privacy Notice

ABOUT THIS PRIVACY NOTICE

The Creative Lab, also called “TCL”, is a curated creative platform. On our online Platform, selected professional Sellers can offer products directly to Buyers. TCL operates the Platform, the checkout environment and the payment flow, but TCL is not the seller of the products listed on the Platform.
We want privacy to be clear and easy to understand. In this Privacy Notice, we explain which Personal Data we collect, why we use it, who we share it with and which rights you have.

This Privacy Notice applies when you:

  • visit or use our website or Platform;
  • place an Order through the Platform;
  • contact TCL;
  • subscribe to our newsletter or other updates; or
  • are involved with a Seller that applies to sell or sells through TCL.

When we say “we”, “us” or “our”, we mean TCL.

 

1. WHO IS RESPONSIBLE FOR YOUR PERSONAL DATA?

TCL is responsible for the Personal Data it processes as described in this privacy notice.

The Creative Lab
Dutch general partnership (Vennootschap onder firma)
Lijnbaansgracht, 58Z
1015 GS, Amsterdam, the Netherlands
Chamber of Commerce/KVK number: 93512260
info@thecreativelab-ams.com

TCL aims to respond to Platform-related customer service emails within 5 business days.

 

2.  A FEW WORDS EXPLAINED

To keep this privacy notice readable, we use a few practical terms:

  • Personal Data means information that can identify a person, such as a name, address, email address, telephone number, payment reference or online identifier;
  • Buyer means someone who buys a product through the Platform;
  • Seller means a professional third-party business that offers products through the Platform;
  • Platform means TCL’s online environment, including the website, product pages and checkout;
  • Order means a purchase made through the Platform;
  • Payment service provider or PSP means the payment service provider used by TCL to process payments, currently Mollie;
  • VAT number means a tax number used for value added tax, often shortened to VAT number;
  • IP address means a technical internet address used by your device when you visit a website.

We avoid legal language where possible. Some legal terms are still needed, but we explain them in plain language when they appear.

 

3. SELLERS ARE ALSO RESPONSIBLE FOR CERTAIN BUYER DATA

When you buy a product through the Platform, the sales contract is made directly between you and the Seller shown on the product page. TCL operates the Platform and supports the Order, checkout and payment flow, but TCL is not the Seller of the product.

This means that the relevant Seller also receives certain Personal Data, such as your name, delivery address, contact details and Order details. The Seller uses that data to perform the sale, send the product, handle returns, process refunds, deal with complaints and comply with legal obligations.

The Seller is independently responsible for the Personal Data it processes for those purposes. Sellers may not use Buyer Personal Data for unrelated purposes, such as separate marketing, unless they have their own valid legal basis and have informed you properly.

 

4. WHICH PERSONAL DATA DO WE COLLECT?

The Personal Data we collect depends on how you interact with TCL.

4.1 WHEN YOU VISIT OUR WEBSITE OR PLATFORM

We may process:

  • IP address;
  • device information;
  • browser type and version;
  • language settings;
  • operating system;
  • pages viewed;
  • clicks and search behaviour on the Platform;
  • date and time of your visit;
  • cookie identifiers and similar technologies;
  • technical logs and security information.

We use this information to make the website work, keep it secure, understand how the Platform is used and improve the shopping experience.

4.2 WHEN YOU PLACE AN ORDER

When you place an Order through the Platform, we may process:

  • name;
  • email address;
  • telephone number, if provided or needed for delivery;
  • billing address;
  • delivery address;
  • Order details;
  • Seller name;
  • product details;
  • price, shipping costs and value added tax information, where applicable;
  • payment method and payment status;
  • transaction references;
  • refund, chargeback or cancellation information;
  • tracking information for delivery;
  • delivery status;
  • return, withdrawal and complaint information;
  • customer service messages relating to the Order.

We use this information to support the Order, checkout, payment flow, delivery flow, customer service, returns, refunds, complaint handling, fraud prevention and legal administration.

We share the information that is necessary for fulfillment with the Seller of the product. The Seller needs this information to perform the sales contract with you.

4.3 WHEN YOU CREATE OR USE AN ACCOUNT

If account functionality is available and you create or use an account, we may process:

  • name;
  • email address;
  • telephone number;
  • billing and delivery addresses;
  • login details and encrypted password information;
  • account settings and preferences;
  • Order history;
  • saved items or wishlist items, if available;
  • communication preferences;
  • customer service messages linked to your account.

We use this information to create and manage your account, make checkout easier, show relevant Order information and support you when you contact us.

4.4 WHEN YOU PAY THROUGH THE PLATFORM

Payments are processed through the PSP used by TCL.

Depending on the payment method, we and/or the PSP may process:

  • payment method;
  • payment status;
  • transaction ID;
  • payment reference;
  • refund or chargeback information;
  • limited bank or payment details where needed for fraud prevention, refunds or legal administration.

TCL does not need to see your full payment card details. Payment data are processed through the PSP and the relevant banks, card issuers or payment providers.

We use payment information to process payments, refunds, reversals, payment corrections, fraud checks, payout administration and financial record-keeping.

4.5 WHEN YOU CONTACT US

If you contact us by email, contact form, social media, telephone or another channel, we may process:

  • name;
  • email address;
  • telephone number;
  • social media handle;
  • message content;
  • Order or account information relevant to your question;
  • any documents, images or other information you send to us;
  • notes about the contact and how we handled it.

We use this information to answer your question, handle your complaint, support Buyers and Sellers, improve our service and keep records where needed.

4.6 WHEN YOU SUBSCRIBE TO OUR NEWSLETTER OR MARKETING UPDATES

If you subscribe to our newsletter or marketing updates, we may process:

  • name;
  • email address;
  • subscription status;
  • marketing preferences;
  • clicks and interactions with our emails, where our email tool provides this information.

We use this information to send newsletters, updates, product highlights and other TCL communications. You can unsubscribe at any time by using the unsubscribe link in the email or by contacting us.

4.7 WHEN YOU ARE INVOLVED WITH A SELLER

This privacy notice is mainly written for visitors, Buyers and other people who interact with TCL directly. However, we also process limited Personal Data of people involved with Sellers, for example founders, employees or contact persons.

Seller details are mainly arranged in the Seller Agreement and the Seller onboarding process.

This privacy notice only explains how TCL handles Personal Data of individuals connected to a Seller.

If you apply to sell through TCL, are onboarded as a Seller or act as a contact person for a Seller, we may process:

  • name and contact details of contact persons;
  • business name;
  • trade name or brand name;
  • legal form;
  • KVK number or other business registration number;
  • VAT number or other tax identification number;
  • registered office address;
  • return address;
  • customer service contact details;
  • shop profile information;
  • product categories;
  • product photos, descriptions, prices and brand materials;
  • PSP onboarding, profile or verification information;
  • payout, fee and invoice information;
  • communications with TCL;
  • compliance, fraud prevention, verification and tax information.

We may collect this information through an intake form, email, the Seller Agreement, PSP onboarding, product submission forms, shared files or TCL’s own admin environment.

We use this information to assess and onboard Sellers, manage the Seller relationship, create and manage the Seller’s public shop presence, support listing and Order administration, connect payment flows, display legally required trader information, process payouts and fees, handle disputes, comply with tax and Platform obligations and protect TCL, Buyers, Sellers and the Platform.

4.8 WHEN YOU INTERACT WITH US ON SOCIAL MEDIA

If you interact with TCL on social media, we may process:

  • your public profile name or handle;
  • public comments, likes, shares and messages;
  • content you tag us in or send to us;
  • communications with you through the relevant social media platform.

Social media platforms also process your data under their own privacy policies. TCL is not responsible for how those platforms process your data.

 

5. WHY DO WE USE YOUR PERSONAL DATA?

We use Personal Data for the purposes below.

A legal basis is the legal reason that allows us to use Personal Data. For example, we may need certain data to perform a contract, comply with the law, protect a legitimate business interest or because you gave consent.

Where we rely on legitimate interest, we balance our interest against your privacy rights. Examples of legitimate interests include Platform security, fraud prevention, customer service, improving the Platform, keeping proper records and handling disputes.

Where we rely on consent, you can withdraw your consent at any time. This does not affect processing that took place before you withdrew your consent.

5.1 RUNNING THE WEBSITE AND PLATFORM

What this means: Making the website work, showing pages, managing accounts where available, keeping the Platform available and secure.

Legal basis: Legitimate interest / performance of a contract.

5.2 PROCESSING ORDERS

What this means: Supporting checkout, Order confirmation, delivery, returns, refunds and customer service.

Legal basis: Performance of a contract / legitimate interest.

5.3 SHARING ORDER DATA WITH SELLERS

What this means: Giving the Seller the information needed to perform the sales contract with you.

Legal basis: Performance of a contract / legitimate interest.

5.4 PAYMENTS AND REFUNDS

What this means: Processing payments, refunds, reversals, chargebacks and payout administration through the PSP.

Legal basis: Performance of a contract / legal obligation / legitimate interest.

5.5 CUSTOMER SERVICE

What this means: Answering questions, handling complaints and supporting Buyers and Sellers.

Legal basis: Performance of a contract / legitimate interest.

5.6 SELLER ONBOARDING AND ADMINISTRATION

What this means: Assessing and onboarding Sellers, managing the Seller relationship, payment setup, payouts, fees and legal compliance.

Legal basis: Performance of a contract / legal obligation / legitimate interest.

5.7 LEGAL COMPLIANCE

What this means: Administration, tax obligations, Platform transparency, product safety, fraud prevention and legal claims.

Legal basis: Legal obligation / legitimate interest.

5.8 SECURITY AND FRAUD PREVENTION

What this means: Protecting accounts, payments, the Platform and our community.

Legal basis: Legitimate interest / legal obligation.

5.9 MARKETING AND NEWSLETTER

What this means: Sending updates, newsletters and promotional messages.

Legal basis: Consent / legitimate interest where permitted.

5.10 ANALYTICS AND IMPROVEMENT

What this means: Understanding how the Platform is used and improving design, content and services.

Legal basis: Consent where required / legitimate interest.

 

6. WHO DO WE SHARE PERSONAL DATA WITH?

We only share Personal Data where this is needed for the purposes described in this privacy notice.

We may share Personal Data with:

  • Sellers, where needed to fulfil your Order, deliver products, handle returns, refunds, complaints, warranty and after-sales service;
  • the PSP, banks, card issuers and other payment providers, to process payments, refunds, reversals, chargebacks, fraud checks and payout administration;
  • shipping providers and logistics partners, where needed to send, track or return products;
    IT, hosting and software providers, to run and secure the Platform;
  • email, customer relationship management, newsletter and communication tools, to send service emails, newsletters and updates;
  • analytics and cookie providers, if used and permitted;
  • professional advisers, such as lawyers, accountants, tax advisers and insurers;
  • public authorities, courts, regulators or tax authorities, where required by law or necessary to protect our rights;
  • Buyers or Sellers involved in a dispute, where this is necessary to handle a complaint, return, refund, withdrawal request, delivery issue or legal claim.

Where a party processes Personal Data on our behalf, we make appropriate data processing arrangements. Where a party is independently responsible for its own processing, that party must handle Personal Data under its own legal obligations.

 

7. SHARING BUYER DATA WITH SELLERS

Because TCL is a Platform and not the Seller of the products, we share certain Buyer data with the Seller of the product.

When you buy from a Seller through the Platform, we share the Personal Data that the Seller needs to perform the sale. This may include:

  • your name;
  • delivery address;
  • email address;
  • telephone number, if provided or necessary for delivery;
  • Order details;
  • return, refund, complaint or warranty information.

The Seller may only use this information for:

  • processing and shipping the Order;
  • communicating with you about the Order;
  • handling returns, withdrawal requests, refunds, complaints and warranty;
  • fraud prevention and dispute handling;
  • complying with legal obligations, such as tax or administration duties.

The Seller may not use your Personal Data for separate marketing, profiling, resale, unrelated communication or sharing with third parties unless the Seller has its own valid legal basis and has informed you properly.

 

8. INTERNATIONAL TRANSFERS

We try to process Personal Data within the European Economic Area, which means the European Union plus Iceland, Liechtenstein and Norway.

Some service providers may process Personal Data outside the European Economic Area. If this happens, we will take appropriate safeguards, such as:

  • a decision from the European Commission confirming that the country offers an adequate level of data protection;
  • standard contractual clauses, which are approved contract terms for international data transfers;
  • additional security measures where needed;
  • or another lawful transfer mechanism under privacy law.

 

9. HOW LONG DO WE KEEP YOUR PERSONAL DATA?

We do not keep Personal Data longer than necessary for the purposes for which we collected it, unless we need to keep it longer for legal, tax, security or dispute reasons.

As a general guide:

  • Account data: As long as your account exists. If you ask us to delete your account, we delete or anonymise data unless we must keep it for legal, tax, security or dispute reasons.
  • Order and payment administration: Usually 7 years, because of tax and accounting obligations.
  • Customer service messages: Usually up to 24 months after the last contact, unless we need them longer for a complaint, dispute, fraud issue or legal claim.
  • Seller onboarding, contract and shop administration data: During the Seller relationship and usually up to 7 years after the end of the relationship, or longer if needed for disputes, tax, fraud prevention or legal claims.
  • Seller onboarding data if onboarding is not completed: Usually up to 12 months, unless we need the data longer for fraud prevention, legal compliance or disputes.
  • Website logs and security data: Usually up to 12 months, unless we need them longer for security incidents, fraud prevention or legal claims.
  • Analytics and cookie data: As described in our cookie settings or cookie notice. Non-essential cookies are used only with consent where required.
  • Newsletter data: Until you unsubscribe or withdraw consent. We may keep your email address on a suppression list to make sure we do not email you again.

If a longer or shorter retention period is required by law, that legal period applies.

 

10. HOW DO WE PROTECT YOUR PERSONAL DATA?

We take appropriate technical and organisational measures to protect Personal Data against loss, misuse, unauthorised access, disclosure, alteration and destruction.

These measures may include:

  • access controls;
  • secure login and account management, where account functionality is used;
  • encryption where appropriate;
  • secure payment processing through the PSP;
  • restricted access to Personal Data;
  • confidentiality obligations;
  • security monitoring;
  • backups and incident procedures;
  • data processing agreements with relevant service providers.

No online service can be guaranteed to be 100% secure. If you believe that your data or account may be at risk, please contact us immediately.

 

11. MARKETING AND COMMUNICATION CHOICES

We may send you service messages that are necessary for your account, Order, Seller relationship or legal notices. You cannot opt out of service messages that are necessary for these purposes.

We only send newsletters or promotional emails where we have a valid legal basis. You can unsubscribe at any time using the link in the email or by contacting us.

If we use cookies or similar technologies for personalised content, analytics or advertising, we will ask for consent where required. You can manage your cookie preferences through the cookie settings on the website.

 

12. COOKIES AND SIMILAR TECHNOLOGIES

We may use cookies and similar technologies on our website and Platform.

Some cookies are necessary for the website to work. These may be used without your consent. For example, we may use cookies for security, checkout, login and remembering cookie preferences.

For non-essential cookies, such as analytics, personalisation or advertising cookies, we will ask for consent where required.

Our cookie banner or cookie notice explains which cookies we use, why we use them, how long they remain active and how you can change your preferences.

 

13. AUTOMATED DECISION MAKING

We do not use automated decision-making that has legal or similarly significant effects on you without human involvement.

We may use automated tools to support Platform security, fraud prevention, payment risk checks, search, analytics or operational workflows. These tools help us operate the Platform, but they do not replace your privacy rights or your ability to contact us.

 

14. AGE REQUIREMENT

The Platform is intended for people who are at least 18 years old.

You may only place an Order through the Platform if you are 18 or older. If you are under 18, you may not place an Order yourself.

If we discover that an Order was placed by someone under 18, we may cancel the Order where appropriate and take reasonable steps to remove or limit the related Personal Data, unless we need to keep certain information for legal, security, fraud prevention, refund or administration reasons.

Under European privacy law, special rules also apply when consent is used as the legal basis for processing Personal Data of children under 16. Where those rules apply, consent must be given or authorised by a parent or legal guardian.

 

15. YOUR PRIVACY RIGHTS

You have privacy rights under the General Data Protection Regulation. This is the European privacy law that protects Personal Data.

Depending on the situation, you may have the right to:

  • ask us what Personal Data we process about you;
  • ask us for a copy of your Personal Data;
  • correct inaccurate or incomplete Personal Data;
  • ask us to delete Personal Data;
  • ask us to temporarily restrict the use of your Personal Data;
  • object to certain uses of your Personal Data;
  • withdraw consent where processing is based on consent;
  • receive certain data in a structured, commonly used and machine-readable format;
  • lodge a complaint with the Dutch Data Protection Authority.

Some rights are not absolute. For example, we may need to keep certain Order, payment, Seller administration or tax information even if you ask us to delete it.

To exercise your rights, please contact us at: info@thecreativelab-ams.com

We may ask for information to verify your identity before we respond to your request. We do this to make sure we do not share your data with the wrong person.

We will respond to your request within the timeframe required by law.

If your request concerns Personal Data processed by a Seller, we may need to forward your request to that Seller or ask the Seller to cooperate. The Seller remains responsible for the Personal Data it processes independently.

 

16. COMPLAINTS

If you have a question or complaint about how we handle your Personal Data, please contact us first so we can try to help.

Email: info@thecreativelab-ams.com

You also have the right to lodge a complaint with the Dutch Data Protection Authority:

Autoriteit Persoonsgegevens
Website: www.autoriteitpersoonsgegevens.nl

 

17. LINKS TO OTHER WEBSITES

Our website or Platform may contain links to websites, social media pages, payment environments, Seller pages or other services provided by third parties. We are not responsible for how those third parties process your Personal Data. Their own privacy notices apply.

 

18. CHANGES TO THIS PRIVACY NOTICE

We may update this privacy notice from time to time. The latest version will always be available on our website or Platform.

If we make important changes, we will take reasonable steps to inform you, for example through the Platform, by email or through another appropriate channel.

The date at the top of this privacy notice shows when this version was last updated.