Revised: May 29, 2018
We respect your right to privacy and will only process your personal information in accordance with applicable data protection and privacy laws.
By using the Commerce Sync services, sites and applications we control, you consent to:
This Policy explains how Software Aspects collects, stores, uses and discloses information from you when you use Software Aspects products, services, mobile applications and websites. This Policy applies to users of the Commerce Sync Service (as used in this policy, the term "Service" means the services, APIs, and functionality we make available, through our website at commercesync.com and related site pages (the "Website"), via separate sites, repositories and servers under our control, and through third party sites or platforms that utilize our services and functionality, as well as through our device software ("Software")). This Policy does not apply to Other Sites (with the term "Other Sites" meaning websites, applications, platforms, stores, functionality or services that do not display or link to this Policy or that display or link to different privacy statements, or that are under the control of companies that we do not control or to people we do not employ or manage, including accounting or bookkeeping solution vendors and payment processors such as Stripe, Square, Authorize.net, and Clover).
B. Information Collected
We collect information about you in various ways when you use our Service and as set forth in the Terms of Service. Some of this information may be Personal Data about you. As used in this Policy, "Personal Data" means any information (either alone or in combination with other information we hold) that specifically identifies you as an individual, such as your name, address and physical location, account numbers, email addresses, or telephone numbers.
As well as Personal Data, we also collect some information that is not personally identifying, including aggregate information, which is data we collect about use of the Service or about a group or category of users from which it has never been, or is no longer, possible to identify you (“Nonpersonal Data”; together with Personal Data, collectively "Information").
When you register for an account, and in the course of your use of the Service, we collect the following Personal Data. This information is transmitted to us via the Other Sites that you use as payment processors (ie, Clover, Square, Authorize.net, or Stripe):
· user access tokens
· first and last name
· business name
· email address
· physical address
· phone number
· time zone
· credit card information*
*We do not store or maintain credit card information; rather our vendors/partners do (see below).
When you use our Service, we automatically collect Nonpersonal Data sent to us by your computer, mobile device or other access device, such as a device ID or unique identifier, device type, model and brand, geo-location information, computer, network and connection information, access times, operating system and browser version, device identifiers, type and language, and the website you visited before our Website. We also collect Nonpersonal Data about your usage and activity on the Service. This Policy does not restrict or limit our collection, disclosure and use of Nonpersonal Data.
We do not solicit and will not collect data related to racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, health, or sexuality; or genetic or biometric data; or data related to criminal convictions or offenses.
We may additionally collect Information using pixel tags, web beacons or other web site usage tracking technologies. Web beacons (also known as "tracking pixels") are electronic images that may be used in the Service or in emails that we send to you. Amongst other things, we use Web beacons to deliver cookies, count visits, understand usage and campaign effectiveness and to tell if an email has been opened and acted upon. Such devices are used to collect Nonpersonal Data, such as the identity of the applicable internet service provider, the IP address of the user’s personal computer, the type of browser software and operating system in use, the date and time of site access, the website address, if any, from which the user linked to the Website and other similar traffic-related information. We also may aggregate such information with similar data collected from other users. However, we do not use such data in any way to create or maintain Personal Data about you.
The following is an illustrative list of the cookies that may be used and installed on your computer or device:
Purpose: Site analytics
Duration: 2 years
Purpose: Used to personalize the experience for the user
Duration: When the browsing session ends
Source: Software Aspects, Inc. DBA Commerce Sync
Type: Session Cookie
Purpose: Used to control workflow during activation workflow for the user
Duration: Used to enable the correct level of security, based on the user's computer settings
Do Not Track Disclosure
We do not engage in the collection of Personal Data from users across third party sites or applications, except as to Other Sites that you have elected to use which operate or access the Service for your use, and except as specified by you when you select to register to the Service via such Other Sites.
Services Via Third Party Applications
We may provide Services functionality via or to Other Sites. In such context, we collect Information as described in this Policy. Any Information that may be collected by such third parties is subject to such third parties' policies and practices, over which we exercise no control. We will not be liable for the acts and omissions of such third parties or for any loss of privacy, use or control of data caused by such third parties. You must contact such third parties for any requests, questions or concerns you may have regarding your Information collected via Other Sites.
Legal Bases for Collection
Our collection and use of Personal Data is supported by the following lawful bases: (i) contract; and (ii) our legitimate interests, including for direct marketing purposes (of which you may opt-out), to perform, maintain and improve the Services, and as further set forth in section C, below.
We use the following Other Sites in the performance of Services:
You hereby consent to the exchange of Information with the above parties, including the transmission of financial transactions data from the above, as needed to provide the Services.
We retain Personal Data from closed accounts, if, for as long as, and to the fullest extent permitted by applicable law, including in order to comply with law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our agreements and policies, and take other actions otherwise permitted by law or as specified elsewhere in this Policy.
C. Our Use of Information
We may use and provide data and information to our partners and customers for commercial purposes after we have removed your name or any other personally identifying information from it, or have combined it with other people's data in a way that it is no longer associated with you. We use Information collected through our Service for the purposes and as described in this Policy, as disclosed to you in our Software, as needed to carry out the Service, and as set forth in the Terms of Service. We may also use your Information to:
(i) operate, maintain, customize, measure and improve our Service, and to fulfill the purposes disclosed when you provided your information to us;
(ii) respond to your comments and questions and provide the Service and customer support you request;
(iii) process payments and refunds, resolve disputes, enforce our terms and policies, protect our rights, and troubleshoot problems;
(iv) understand you and your preferences to enhance your experience and enjoyment using our Service;
(v) communicate with you about new events, offers and other news about our products and services offered by us and our selected partners; and
(vi) send you Services-related information, including confirmations, invoices, reminders, technical notices, updates, security alerts and support and administrative messages.
We also may combine your Information with information we collect from other sources to improve our products and services.
Further, we may use Personal Data to respond to legal requirements, in connection with a merger, sale of assets, or other similar corporate transactions, to respond to claims that content violates the rights of others, for law enforcement, for fraud detection and remediation, and to protect the rights, property, or safety or any person.
D. Sharing Information
We do not disclose, sell or rent your Personal Data to third parties for their marketing purposes without your prior consent. If you do consent but later change your mind, you may contact us and we will cease any such activity.
We only share your Personal Data as follows:
(i) at your direction and control via your normal and intended operation of the Service, or with your consent, for example, when you agree to our sharing your Personal Data with other selected third parties for their own marketing purposes subject to their separate privacy policies;
(ii) to the general public for content you submit in a public forum (such as YouTube or similar service) or via features of our Service that enable public display of content;
(iii) with the operators or owners of Other Sites and third parties with whom you allow us to share information, for example other apps or websites that integrate with our application programming interfaces (APIs) or Service, or those with an API or Service with which we integrate;
(vi) under written obligations of confidentiality, in connection with or during negotiation of any merger, financing, acquisition, or dissolution, transaction, or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets to another company;
(vii) with your employer (or similar entity) and any necessary third parties engaged by us or your employer (e.g., an expense management service provider) if you are using the Service on behalf of such party; and
(viii) in an aggregated and/or anonymized form which cannot reasonably be used to identify you.
We may also share and disclose Nonpersonal Data, e.g., by publishing a report on trends in the usage of our Service.
Third Party Recipients
We share Personal Data with the following third parties:
E. Technical Security Measures
We use SSL encryption in both the transmission and storage of Personal Data; back-ups are run on a frequent and regular basis; back-up redundancies are maintained; multi-factor authentication is used for access to all data stores; and employee user roles restrict access to those with a need-to-know.
We take all reasonable steps to help protect your Personal Data in an effort to prevent loss, misuse, and unauthorized access, disclosure, alteration, and destruction. However, no one can create a completely secure website, app or service and third parties may unlawfully intercept, steal or access transmissions or private communications. Therefore, we cannot guarantee that your Information or private communications that you transfer over the internet to us will always be secure or remain confidential.
F. PasswordYour password deserves careful thought and protection. Use unique numbers, letters, and special characters and do not disclose your password to anyone. If you do share your password or your personal information with others, remember that you are responsible for all actions taken in the name of your account. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. If your password has been compromised for any reason, you should immediately access your profile to change your password and notify us immediately at email@example.com.
G. International Transfers
We may process Information on servers located in a number of countries. Accordingly, we may share Information with our affiliated companies for such companies to carry out any of the activities specified in this Policy. We may also subcontract processing to or share Information with third parties located in countries other than your home country. Information collected within the European Economic Area and Switzerland may, for example, be transferred to, and processed by our affiliates or other third parties identified above that are located in, a country outside of the EEA and Switzerland. However, we will only process your information as described in this Policy in every country.
The Services are not directed at or intended for children under sixteen years of age, and we do not knowingly collect Personal Data from such children. If you believe that we might have any Personal Data from a child under 16 years of age, please contact us at support@ commercesync.com.
I. Policy Changes
We may amend this Policy from time to time. If we make any changes to this Policy, we will post the amended terms, change the "Revised" date above, and/or where appropriate, notify you by email.
J. Your Choices
You have the right to ask us not to process your Personal Data for marketing or promotional purposes. You may also opt out of receiving promotional emails from us by following the instructions in the emails themselves or via email sent to firstname.lastname@example.org. If you opt out, we may still send you non-promotional emails, such as emails about your accounts or our ongoing business relations.
Rights to Review, Rectify, Erasure, and Portability
You can see, review and change your Personal Data by contacting us at email@example.com. You should promptly update your Personal Data if it changes or is inaccurate. You also may send requests about your contact preferences, to request a review of the Personal Data we have about you, and to request that we delete, update or correct any out-of-date or incorrect Personal Data we have about you (to the extent of Personal Data we have not already made available to you for your own review, modification, or deletion). Such data is portable, in a structured, commonly-used, and machine-readable format.
Upon receipt and process of such a request, we will, within a commercially reasonable period of time, comply with such request to the extent reasonable and feasible. Note that requests to terminate disclosure to third parties may frustrate or render impossible our ability to provide the Service or conduct transactions initiated by you.
Right to Object
You may exercise your right to object, if no opt-out mechanism is otherwise made available to you (including objecting to the basis of use for the purpose of our legitimate interest), by sending an email to firstname.lastname@example.org.
K. JurisdictionWe are located in the United States, as are the servers that make the Service available. All matters relating to privacy issues are governed by the laws of the United States and the State of Colorado. Nothing in this Policy will be construed as an admission that we are subject to the laws or jurisdictions of any national or international jurisdiction or governmental entity, or to non-US law.
L. Questions or Complaints
If you have any questions about this Policy, please contact us at email@example.com.
You have the right to lodge complaints with your applicable local data protection authority, but we hope that you will try to work things out with us first.
We have further committed to refer unresolved Privacy Shield complaints to JAMS (jamsadr.com), an alternative dispute resolution provider located in the United States, which serves as our third-party dispute resolution provider for Privacy Shield Principles-related disputes. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact or visit JAMS for more information or to file a complaint. The services of JAMS are provided at no cost to you.
Individuals may submit complaints on an individualized basis (and not purporting to be acting in a representative capacity or on behalf of a class) to JAMS. No damages, fees, or other remedies are available. Arbitrators will have the authority only to award individual-specific non-monetary equitable relief (such as access, correction, deletion, or return of the individual data's in question). Each party will bear its own attorneys fees, subject to the rules of JAMS.
In addition, individuals may submit disputes to binding arbitration who first comply with pre-arbitration requirements. Arbitration may not be invoked and is not available if the individual’s same claimed violation of the Privacy Shield Principles: (a) has previously been subject to binding arbitration; (b) was the subject of a final judgment entered in a court action to which the individual was a party; or (c) was previously settled by the parties. In addition, arbitration is not available if an EU Data Protection Authority: (d) has authority under sections III.5 or III.9 of the Privacy Shield Principles; or (e) has the authority to resolve the claimed violation directly with us.