Privacy Policy
Our
Weebsite wants to help you better
understand how we collect, use, protect, and share your personal data. This
Privacy Policy is designed to help you understand your privacy choices when you
visit our site, use our mobile app or any of our services. It does not apply to
other websites or services that we do not control, including websites or
services of other Our Weebsite users.
This
Privacy Policy is incorporated into, and forms an integral part of, the Our Weebsite Terms of Service. Capitalized terms have the
meanings ascribed them in the Definitions section or our Terms of Service.
Please note that our services may vary by region.
We
encourage you to read this Privacy Policy carefully and take the time to get to
know our practices. If you have questions about this Privacy Policy or our
privacy practices, please contact us
1.
Privacy Shield. Our Weebsite complies with the EU-U.S. Privacy Shield
Framework and Swiss-U.S. Privacy Shield Framework as set forth by the U.S.
Department of Commerce regarding the collection, use, and retention of personal
information transferred from the European Union, the United Kingdom, and
Switzerland to the United States. Our
Weebsite has certified to the Department
of Commerce that it adheres to the Privacy Shield Principles and will do so
with respect to transfers of Personal Data from the United Kingdom to the
United States. If there is any conflict between the terms in this Privacy
Policy and the Privacy Shield Principles, the Privacy Shield Principles shall
govern.
Our Weebsite is responsible for all onward transfers of
Personal Data to third parties in accordance with the EU-U.S. Privacy Shield
Framework and Swiss-U.S. Privacy Shield Framework.
2.
Definitions.
1.
Information Types.
a.
“Account Information” means data about how and
when a Our Weebsite account is accessed and the features used,
including Store Information.
b.
“Browser Information” means provided by a
browser, including the IP address, the website visited, network connection,
device information, and other data, including Cookies.
c.
“Contact Information” means basic personal and
business information, such as first and last name, company name, email address,
postal address, phone number, and may include social media account information.
d.
“Device Information” means information about
your device, such as device ID number, model, and manufacturer, version of your
operating system and geographical region, collected from any devices when
accessing our website, using the Mobile App, or any of our services.
e.
“Payment Information” means, for example, credit
card, ACH or other payment information.
f.
“Security Information” means user ID, password
and password hints, and other security information used for authentication and
account access.
g.
“Store Information” means information about your
store, its products, and its architecture.
h.
“Support Information” includes information about
your hardware and software, authentication data, chat session contents, error
reports, performance data, and other communication or technical information and
may, with express permission, include remote access to facilitate
troubleshooting.
i.
“Transaction Information” means the data related
to transactions that occur on our platform, including product, order, shipping
information, Contact Information, and Payment Information.
j.
“Usage Information” means information collected
when you interact with the Our Weebsite website, mobile application or any of our
services, including functionalities accessed, pages visited, and other
interaction data.
2.
“Automated Decision Making” means a decision
made solely by automated means without human involvement.
3.
“Controller” means an entity that determines the
purposes and means of the Processing of Personal Data.
4.
“Cookie” a small file that resides on your
computer’s hard drive that often contains an anonymous unique identifier that
is accessible by the website that placed it there, but is not accessible by
other sites.
5.
“Merchant” means an entity that has used or is
using the services for ecommerce.
6.
“Mobile App” means the Our Weebsite Mobile Application available through
third-party app stores for mobile devices.
7.
“Partner” means a separate legal entity that is
a participant in our Agency Partner Program, our Technology Partner Program or
other third-party technology integration with the Our Weebsite platform, a theme designer, reseller, or
referrer of the services.
8.
“Personal Data” or “Personal Information” means
information that (i) relates to an identified or identifiable natural person,
or (ii) identifies, relates to, describes, is capable of being associated with,
or could reasonably be linked, directly or indirectly, with a particular
consumer or household.
9.
“Processing” means any operation or set of
operations which is performed upon Personal Data, whether or not by automatic
means, including, but not limited to, alteration, collection, organization,
recording, retrieval, storage, transmission, and use.
10.
“Processor” means the entity which processes
Personal Data on behalf of the Controller.
11.
“Sensitive Personal Data” means any data that
reveals racial or ethnic origin, political opinions, religious or philosophical
beliefs, trade union membership, genetic data, biometric data for the purpose
of uniquely identifying a natural person, or data concerning health or a natural
person’s sex life and/or sexual orientation.
12.
“Shopper” means an entity or natural person that
interacts with the ecommerce offering of a Merchant through the Our Weebsite platform.
3.
Merchants.
1.
Merchant Policies. Merchants should help
Shoppers understand how the Merchant, Our Weebsite and relevant third parties collect and process
Shoppers’ Personal Data. To that end, Merchants must:
.
post an accurate privacy policy on their
storefront that complies with all applicable laws and regulations;
a.
process Personal Data in accordance with
applicable laws and, to the extent required under such laws, provide notice to
and obtain informed consent from Shoppers for the use and access of their
Personal Data by Our Weebsite and other third parties; and
b.
if the Merchant is collecting any Sensitive
Personal Data from Shoppers, obtain affirmative, explicit, and informed consent
and allow such Shoppers to revoke their consent to the use and access of
Sensitive Personal Data at any time.
2.
Information Collected.
.
When a Merchant interacts with our Website, for
example, by signing up for a trial, a subscription, or a newsletter or other
content, or performing transactions, Our
Weebsite may collect and control
information such as Account Information, Browser Information, Contact Information,
Payment Information, Support Information, Device Information, Security
Information, Transaction Information, Usage Information and set a Cookie.
a.
When a Merchant interacts with our Mobile App, Our Weebsite may collect and control information such as
Account Information, Contact Information, Device Information, Usage Information
and Security Information.
3.
Information Usage. We use this information
as a Controller to provide Merchants with our services, confirm identities,
provide support such as debugging, troubleshooting, automated decision making
such as the detection of fraudulent account creation when signing up for our
service, for advertising and marketing, invoicing, to resolve incidents related
to the use of our Website and services, to improve and personalize our
services, such as push notifications regarding your store activities, and to
comply with legal requirements. We may disclose certain information, including
Account Information, Contact Information, Support Information and Transaction Information,
to Partners subject to confidentiality obligations that refer Merchants to us
or are engaged by a Merchant to provide services, apps or products relating to
the Merchant’s store(s) or use of our Website and services, or to confirm
identities and improve and personalize our interactions and services. We may
use this information in other cases where the Merchant has given express
consent.
4.
Partners.
1.
Information Collected. When a Partner signs up
for a partner account or refers a Merchant to us, Our Weebsite may collect and control information such as
Account information, Browser Information, Contact Information, Payment
Information, Support Information, and Usage Information.
2.
Information Usage. We use this information as a
Controller to provide Partners with our services, confirm identities, provide
support, for advertising and marketing, invoicing, to resolve incidents related
to the use of our Website and services, to improve and personalize our
services, and to comply with legal requirements. We may use this information in
other cases where the Partner has given express consent.
5.
Visitors.
1.
Information Collected. When visitors browse
our Website, or engage in communications with us online or offline, we may
collect and control, as applicable, Browser Information, Support Information,
Contact Information, and Usage Information submitted or communicated to us.
2.
Information Usage. We use this information
as a Controller to provide our services, and improve and personalize
communications, interactions, our services, and provide support if needed. We
may use this information in other cases where the Visitor has given express
consent.
6.
Shoppers.
1.
Information Collected. When Shoppers interact
with a Merchant’s ecommerce offering through the Our Weebsite platform, we may collect and process Browser
Information and Transaction Information of the Shopper on behalf of the
Merchant.
2.
Information Usage. We use this information as a
Processor to provide our services to Merchants, support and process orders, and
manage risk and fraud. The Merchant is the Controller of this information and
Shoppers who have questions about our use of this information should contact
the Merchant. We may also use certain information as a Controller to improve
and personalize our services, and manage risk and fraud.
7.
Legal Basis for Processing (EEA visitors only).
1.
Lawful Basis. We generally collect personal
data from you only where (i) we need the personal information to perform a
contract with you, (ii) the processing is in our legitimate interests and not
overridden by your rights, or (iii) we have your consent to do so. In some
cases, we may also have a legal obligation to collect personal information from
you or may otherwise need the personal information to protect your vital
interests or those of another person.
2.
Notice. If we ask you to provide personal
information to comply with a legal requirement or to perform a contract with
you, we will make this clear at the relevant time and advise you whether the
provision of your personal information is mandatory or not, as well as of the
possible consequences if you do not provide your personal information.
3.
Legitimate Interest. If we collect and use
your personal information in reliance on our legitimate interests (or those of
any third party), we will make clear to you at the relevant time what those
legitimate interests are. For instance, we may rely on our legitimate interests
when responding to your queries, improving and personalizing our platform,
undertaking marketing, or for the purposes of detecting or preventing illegal
activities (e.g. checking your identity, fraud prevention).
4.
Questions. If you have questions about or need
further information concerning the legal basis on which we collect and use your
personal information, please contact us using the contact details provided
below.
8.
Communications.
1.
Promotional. We may send promotional
communications to existing and prospective Merchants, Partners, and visitors by
email, phone, and other channels, such as LinkedIn. For example, we may notify
a Merchant when a subscription is ending, or invite the recipient to
participate in a survey. You can opt-out of receiving promotional
communications from us at any time. For information about managing email
subscriptions and promotional communications, please go to our email
preferences page.
2.
Account. We send certain required
communications, such as account notices or information, to users of our
services. You may not opt out of receiving these communications if you have an
active storefront.
9.
Information Sharing.
Our services are possible because of a variety of third parties and service
providers. Sometimes it is necessary to share Merchant, Partner, or Shopper
Personal Data with them to support our services. We may access, transfer,
disclose, and/or retain that Personal Data with consent or in the following
circumstances.
1.
Compliance. If we have a good faith belief
that doing so is necessary to: (i) comply with applicable law or
respond to valid legal process, including from law enforcement or other
government agencies; or (ii) protect the rights or property of Our Weebsite , including enforcing the terms
governing the use of the services.
2.
Protection. If we have a good faith belief
that doing so is necessary to: (i) protect Merchants, Partners,
Shoppers, or visitors; for example, to prevent spam or attempts to defraud us
or users of our services, or in response to threats of safety of any person;
or (ii) operate and maintain the security of our products, including
to prevent or stop an attack on our computer systems or networks.
3.
Affiliates. We share Personal Data among Our Weebsite -controlled affiliates and
subsidiaries for the purposes described in this Privacy Policy.
4.
Service Providers. Our Weebsite may use from time to time a limited number of
third-party service providers, data processors, contractors, and other
businesses to assist us in providing our services for the purposes described in
this Privacy Policy.
5.
SDKs and APIs. Our Weebsite may include third-party libraries such as
Software Development Kits (SDKs) or Application Interfaces (APIs) within our
applications (including the Mobile App) for the purposes described in this
Privacy Policy, including the following:
.
Functional SDKs: these are software
libraries we use to enhance the end user experience and functionality within
the application, such as graphics and display of images within the app, and
in-app notifications according to preferences.
a.
Analytics SDKs: these are external
third-party sub processors’ libraries we use in collecting device and usage
data for application performance monitoring.
6.
Payment Processing. We share payment data with
banks and other entities that process payment transactions or provide other
financial services, and for fraud prevention and credit risk reduction.
7.
Apps. Upon receiving a Merchant’s consent to
install an application, we will share the Merchant’s Contact Information and
other information requested by the app with the app Partner.
8.
Merger; Sale. We may also disclose Personal Data
as part of a corporate transaction such as a merger or sale of assets.
10.
Automated Decision-Making.
Some Personal Data may be used in Automated Decision Making to help us screen
accounts for risk, fraud, or abuse concerns. You can object to profiling,
including profiling for marketing purposes, or contest or dispute such
decisions by contacting us here. Subject to applicable law, we can provide
you with details underlying the automated decision-making review and
rectification of any inaccuracies.
11.
Cookies.
1.
Usage. Our Weebsite and its third-party service providers use
cookies, web beacons, and similar tracking technologies to recognize you when
you visit our website, remember your preferences, and give you a personalized
experience. When you visit our websites, we, or an authorized third party, may
place a cookie on your device that collects information, including Personal
Data, about your online activities over time and across different sites.
Cookies allow us to track use, infer browsing preferences, and improve and
customize your browsing experience.
2.
Persistence. We use both session-based and
persistent cookies on our websites. Persistent cookies remain on your computer
when you have gone offline, while session cookies are deleted as soon as you
close your web browser. A website may set a cookie if the browser’s preferences
allow it. A browser only permits a website to access the cookies that it has
set, not those set by other websites.
3.
Types.
.
Essential. These cookies are necessary for our
website to work as intended.
a.
Functional. These cookies enable enhanced
functionality, like videos and live chat. Without these cookies, certain functions may become unavailable.
b.
Analytics. These cookies provide statistical
information on site usage. For example, these cookies enable web analytics that
allow us to improve our website over time.
c.
Targeting and Advertising. These cookies are
used to create profiles or personalize content to enhance your experience.
4.
Control. It is possible to disable cookies
through your device or browser settings, but doing so may affect your ability
to use our website. For instance, we may not be able to recognize your computer
or mobile device and you may need to log in every time you visit our website.
The method for disabling cookies may vary by device and browser, but can
usually be found in preferences or security settings.
5.
Other Resources. To find out more about
cookies, including how to see what cookies have been set and how to manage and
delete them, visit allaboutcookies.org, or aboutcookies.org.
12.
Third Party Application Stores: Third party
application stores, such as Apple’s App Store or Google’s Google Play, might collect
additional information and share them with us. Please refer to the application
store’s Privacy Policy to better understand how they process any of the
personal information they collect and share with app publishers like
ourselves.
13.
Information Protection.
1.
We maintain administrative, technical, and
physical security measures designed to provide reasonable protection for
Personal Data against unauthorized access, disclosure, alteration, loss, and
misuse. These security measures include access controls, encryption, and
firewalls. We are certified as a PCI DSS Level 1 compliant service provider,
which is the highest level of compliance available, and our platform is audited
annually by independent third-party qualified security assessors against the ISO
27001 security standard. Unfortunately, no method of Internet use, data
transmission, or electronic storage is completely secure, so we cannot
guarantee the absolute security of Personal Data.
2.
While we are dedicated to securing our
Website and services, you are responsible for securing and maintaining the
privacy of your passwords and account information. We are not responsible for
protecting Personal Data shared with a third-party based on an account
connection that you have authorized.
14.
Accountability and Safeguards for Onward
Transfer.
1.
Privacy Shield. We provide services around
the world. To provide our services, it may be necessary to transmit Personal
Data outside of the country, state, or province where the data was received. As
a participant in the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy
Shield Framework, we are subject to the regulatory and enforcement powers of
the U.S. Federal Trade Commission.
2.
Standard Contractual Clauses. For
third-country transfer outside the EU/EEA we also use the Standard Contractual
Clauses adopted by the EU Commission as an adequate level of protection.
3.
Data Processors. We will only share or
disclose Personal Data to the Processors identified here, which are
contractually obligated to provide at least the same level of privacy
protection required by the principles underlying the Privacy Shield.
Furthermore, we will obligate any Processor to the specified, explicit and
legitimate purposes consistent with your consent.
4.
Remedial Measures. If we learn Personal
Data is not protected according to our contract, or is being processed beyond
your consent, we will take reasonable steps to protect your information and/or
cease its illegitimate processing.
15.
Data Subject's Rights.
1.
Generally. You can exercise rights over
your Personal Data against the Controller. We provide reasonable steps to allow
you to access, rectify, erase, port, or restrict the use of your Personal Data.
You have the right to object to the use of your personal data at any time,
subject to applicable law. When collection is based on your consent, you have
the right to withdraw consent at any time, without affecting the lawfulness of
processing based on consent before its withdrawal by applicable law. If
applicable by national law, you have the right to lodge a complaint with a
supervisory authority if you believe that the processing of your personal data
relating infringes your rights.
2.
Merchants, Partners, and Visitors. Merchants
and Partners are able to update many types of collected Personal Data directly
within their accounts. Please contact us if you are a Visitor or otherwise
unable to access or otherwise change your Personal Data within your account.
3.
Shoppers. We serve as a Processor for
Merchants. Shoppers may wish to contact Merchants directly regarding their
Personal Data. We can forward Shopper requests for access or deletion to
Merchants, but we are unable to delete Merchant data. Requests for deletion of
Personal Data may adversely affect our ability to serve you.
Our Weebsite will respond to any such inquiries or
complaints without undue delay and in accordance with applicable law. If Our Weebsite fails to respond or its response is
insufficient or does not address the concern, Our Weebsite has registered with the Association of
National Advertisers (ANA) to provide independent third party dispute
resolution at no cost to the complaining party. To contact ANA and/or learn
more about the company’s dispute resolution services, including instructions
for submitting a complaint,. Complaining parties may also, in absence of a
resolution by Our Weebsite and ANA, seek to engage in binding arbitration
through the Privacy
Our Weebsite also commits to periodically reviewing and
verifying the accuracy of this Privacy Policy and the company’s compliance with
the Privacy Shield Principles, and remedying issues identified. All employees
of Our Weebsite that have access to Personal Data covered by
this Privacy Policy are responsible for conducting themselves in accordance
with this Privacy Policy. Failure of a Our Weebsite employee to comply with this Privacy Policy
may result in disciplinary action. Our
Weebsite is subject to the investigatory
and enforcement powers of the Federal Trade Commission (FTC).
16.
Updates. We may update this Privacy Policy
from time to time in response to changing legal, technical or business
developments. When we update our Privacy Policy, we will take appropriate
measures to inform you, consistent with the significance of the changes we
make. We will obtain your consent to any material Privacy Policy changes if and
where this is required by applicable data protection laws. You can see when
this Privacy Policy was last updated by checking the “Date of Last Revision”
date displayed at the top of this Privacy Policy.
17.
California Consumer Privacy Act.
1.
CCPA Rights. The California Consumer
Privacy Act (the “CCPA”) provides certain rights to consumers, including the
following:
.
Right to Know: You have the right to
request that we disclose to you the Personal Information we collect, use, or
disclose, and information about our data practices.
a.
Right to Request Deletion: You have the right
to request that we delete your Personal Information that we have collected from
you.
b.
Right to Non-Discrimination: We will not
discriminate against you for exercising any of these rights.
These rights are not absolute, and there may be cases when we decline your
request as permitted by law.
If you are a California resident and a Merchant, Partner or Visitor, we only
collect and process Personal Information about you as a result of your business
dealings with us. This means that the consumer rights under the CCPA do not
apply to you. If you are a California resident and a Shopper, Our Weebsite only processes your personal information as a
service provider acting on behalf of a Merchant. You should contact the
Merchant to exercise any rights under the CCPA.
2.
Disclosures. Our Weebsite does not sell Personal Information. We
share Personal Information with authorized service providers or business
partners who have agreed to our contractual limitations as to their retention,
use, and disclosure of such Personal Information. We also share Personal
Information if you use our services to interact with third parties or direct us
to disclose your Personal Information to third parties.
3.
Information Collected. We collect the
following types of information from you, your device(s), or from third parties:
.
identifiers, such as Browser Information, Device
Information, and Security Information;
a.
commercial information, such as Account Information, Contact Information,
Transaction Information, and Usage Information;
b.
internet or network information, such as Browser
Information and Device Information;
c.
geolocation data, such as Browser Information
and Device Information;
d.
financial information, such as Payment Information;
e.
other Personal Information, such as Support
Information; and
f.
information derived from other categories, which
could include your preferences, interests, and other information used to
personalize your experience.
We may disclose this Personal Information for the business purposes described
in this privacy policy, such as disclosures to service providers that assist us
with securing our services or marketing our products.
