Effective Date: May 25, 2018
“Aggregate and Anonymous Information” is any information that cannot identify or be linked to a specific individual. For example, Astound Commerce may collect anonymous group data (demographics, online browsing habits, interests and preferences, aggregate traffic data, etc.) about users of our Sites.
“Personal Data” means personal information relating to you, as an identified or identifiable natural person, which may allow the natural person to be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. Personal Data is also commonly referred to as “personal information” or “personally-identifiable information.”
2. Information We Collect and How We Collect It
We collect information about you in two ways: directly from your input (Personal Data) and through automated technologies on our Sites (non-personally identifiable information).
2.1 Data you provide to us through optional, voluntary submissions
The types of personal information that we collect directly from you may include:
- Contact details, such as your name (in whole or in part), your email address, your postal address, date of birth and/or telephone number; and
- Any other information you choose to provide to us.
2.2. Data from Site use, including cookies, web beacons, and embedded scripts
- Computer, device and connection information, such as IP address, browser type and version, operating system and other software installed on your device, mobile platform and unique device identifier and other technical identifiers, error reports and performance data; and
- Usage data, such as the features you used, the settings you selected, your URL clickstream data, including date and time stamp and referring and exit pages, search terms you used, and pages you visited or searched for on the Sites.
2.2.2. Web Beacons
A web beacon is a small graphic images (often invisible) or other web programming code (also known as “1×1 GIFs” or “clear GIFs”) usually used in conjunction with cookies that may be included in our web pages and email messages. Web beacons or similar technologies may be used for a number of purposes, including to count visitors to our Sites, to monitor how users navigate our Sites, to count how many emails that were sent were actually opened or to count how many particular articles or links were actually viewed.
2.2.3. Embedded Scripts
An embedded script is programming code that is designed to collect information about your interactions with our Sites, such as the links you click on. The code is temporarily downloaded onto your computer from our web server or a third-party service provider, is active only while you are connected to our Website and is deactivated or deleted thereafter.
2.3 Social Media Widgets
3. How We Use Your Information
The information you provide is used solely by Astound Commerce and its affiliated companies. We use this information to:
- Prepare a proposal to you regarding the services we offer;
- Assess the needs of your business to determine suitable products;
- Send you requested product or services information;
- Deal with any complaints or feedback you may have;
- Send you a newsletter;
- Provide you with promotional messages and other information about our products, events and/or services;
- Respond to your questions and concerns;
- Improve our website and marketing efforts;
- Conduct research and analysis;
- Display content based upon your interests;
- For any other authorized or approved purpose for which you provide us with your personal data;
- Notify you about changes, updates and other announcements related to our products and/or services;
- Identify usage trends and develop data analysis, including for purposes of research, audit, reporting and other business operations; and
- Comply with our legal obligations, resolve disputes, and enforce our agreements.
In summary, Astound Commerce will only use Personal Data in ways that are compatible with the purposes for which it was collected or subsequently authorized by you. In accordance with applicable international regulations, including the EU General Data Protection Regulation (“GDPR”), You have the option to opt-out of any secondary communications such as promotional communications by clicking on “unsubscribe” on the bottom of any Astound Commerce promotional email.
Further, consistent with international legislation, we will never knowingly request personally identifiable information from anyone under the age of 13 without requesting parental consent.
4. Sharing of Your Information
Astound Commerce uses reasonable precautions to keep the information you disclose to us secure. We do not sell, rent, share or trade your Personal Data with any third party. We only disclose Personal Data for the purposes of providing our services, and as required by law.
4.1. Performance of a contract with you:
- Third parties whom we engage to assist in delivering the services to you;
- Our professional advisers where it is necessary for us to obtain their advice or assistance, including lawyers, accountants, IT or public relations advisers;
- Other third parties such as intermediaries who we introduce to you; and
- Our storage providers.
4.2 Legitimate interests:
- For marketing to you;
- For administration and management of our business; and
- Seeking advice on our rights and obligations, such as where we require our own legal advice.
In this respect we will share your personal data with the following:
- Our advisors or agents where it is necessary for us to obtain their advice or assistance;
- With third parties and their advisers where those third parties are acquiring, or considering acquiring, all or in part of our business.
4.3 Legal reasons:
Astound Commerce will disclose personal information when required by law or in the good-faith belief that such action is necessary to:
- Conform to the law or comply with a legal process served on Astound;
- Protect and defend the rights or property of the Astound network of sites, or visitors to Astound;
- Identify persons who may be violating the law, the legal notice, or the rights of third parties; or
- Cooperate with the investigations of purported unlawful activities.
5. Data Retention
We retain your personal information for as long as necessary to provide our services and fulfill our obligations and/or for other essential purposes such as complying with our legal obligations, maintaining business and financial records, resolving disputes, maintaining security, detecting and preventing fraud and abuse, and enforcing our agreements.
6. Data Security
Astound implements technical and organisational measures to seek to ensure a level of security appropriate to the risk to the personal information we process. Astound servers are protected with generally available security technologies, including firewalls and data encryption. These technologies are designed to prevent unauthorized access, but no guarantee can be made that your information and data will be secure from intrusions and unauthorized released to third parties. The security of your personal information is important to us.
7. Transfer and processing of your personal data outside the EU/Privacy Shield
Astound participates in the U.S.-EU Privacy Shield Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the United States Department of Commerce regarding the collection, use, transfer, and retention of personal information from European Union member countries and Switzerland to the United States. Astound has certified that it adheres to the Privacy Shield and Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement with respect to all personal information within the scope of the Privacy Shield or Safe Harbor transferred from the EU or Switzerland to the U.S., respectively. The Federal Trade Commission has jurisdiction over Astound’s compliance with the Privacy Shield.
To learn more about the Privacy Shield and view Astound Commerce Corporation’s self-certification please visit: https://www.privacyshield.gov/welcome.
9. What are your Privacy Choices?
You have rights regarding the information we collect and how it’s used:
- You may opt-out of emails from us by clicking the “unsubscribe” link provided in marketing emails that you have previously received from us or by contacting us at firstname.lastname@example.org;
- You may submit requests to opt-out of phone and postal marketing by contacting us at email@example.com;
- You may access, review and correct your Personal Data and preferences by contacting us at firstname.lastname@example.org to request a copy of the information we have stored about you and requesting any desired changes or deletions; and
- You have the right to object to, limit, or restrict the use of your data.
However, please note the following:
Astound Commerce will retain your Personally Identifiable Information for as long as is needed to provide your products or services, and as necessary to comply with our legal obligations, resolve disputes, and enforce agreements. Aggregate and Anonymous Information may be retained indefinitely.
If you choose to object to, limit, or restrict the use of your data, this decision may impair the functioning of our some of our Sites or services.
10. Withdrawal of Consent
If You have given your consent and you wish to withdraw it at any time, please contact us at email@example.com.
11. California Privacy Rights
Residents of the State of California, under certain provisions of the California Civil Code, have the right to request from companies conducting business in California a list of all third parties to which the company has disclosed certain personally identifiable information as defined under California law during the preceding year for third-party direct marketing purposes. You are limited to one request per calendar year. In your request, please attest to the fact that you are a California resident and provide a current California address for our response. You can request this information by contacting us directly per Section 12 below.
12. Contact Information and Complaints
Legal Department – Privacy
Astound Commerce Corporation
1111 Bayhill Drive, Suite 425
San Bruno, CA 94066
United States of America
Astound has further committed to refer unresolved Privacy Shield complaints to JAMS, an alternative dispute resolution provider located in the United States (and for European Union residents, the European Union Data Protection Authority). If you do not receive timely acknowledgment of your complaint from us, or if we have not resolved your complaint, please contact or visit JAMS (or EU DPA) for more information or to file a complaint. The services of JAMS (or EU DPA) are provided at no cost to you. Lastly, if needed thereafter, per the Privacy Shield you have the possibility, under certain conditions, to invoke binding arbitration for complaints regarding Privacy Shield compliance that are not resolved by any of the other Privacy Shield mechanisms. You may visit Annex I of the Privacy Shield for more information: https://www.privacyshield.gov/article?id=ANNEX-I-introduction.