II. INFORMATION COLLECTION
Shoppers and ChannelAdvisor Clients. ChannelAdvisor may, on behalf of and at the direction of ChannelAdvisor Clients, electronically collect and store certain personal information about Shoppers, which may include name, email, billing and shipping addresses, credit card or bank account numbers, purchasing information, product information and product order information. In addition, ChannelAdvisor may, on behalf of and at the direction of ChannelAdvisor Clients, also collect information about Shoppers’ bidding, buying and selling histories as well as third party comments regarding Shoppers’ bidding, buying and selling behaviors. Bidding and buying history may specifically include Shoppers’ histories with respect to any failure to complete sales on winning bids. As part of a registration or checkout process for certain Services, Shoppers may be asked to provide contact and billing information and other personal information. Providing some of the requested information is optional, as indicated at the point of collection; however, such information may be needed to make a purchase from a ChannelAdvisor Client or for ChannelAdvisor to provide the Services. ChannelAdvisor Clients may be required to provide ChannelAdvisor with personal information such as name, title, company name, physical address, e-mail address, telephone number, credit card information, bank information, username and password.
- Social Media Cookies: These cookies are used to integrate our site with popular social media sites (Facebook, Twitter, etc.). Social Media cookies allow visitors to share content quickly and easily with their social networks
- Analytics Cookies: These cookies are used to measure website traffic and activity
- Advertising Cookies: These cookies help correlate online advertising to a visitor’s interests by displaying marketing messages that are relevant to a user based on a user’s browsing history and preferences.
IV. USE AND DISCLOSURE INFORMATION
Data Integrity; Choice. ChannelAdvisor will use personal information only in ways that are compatible with the purposes for which it was collected or subsequently authorized by a User or to investigate and address technical issues. ChannelAdvisor will take reasonable steps to ensure that such information is relevant to its intended use, accurate, complete and current. ChannelAdvisor will: (a) notify users of ChannelAdvisor’s website if their personal information is to be disclosed to a third party or used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the User; and (b) provide the user with the opportunity to opt out. Customer Clients shall notify ChannelAdvisor of any Shopper requests to opt-out. ChannelAdvisor collects aggregate analytics information related to use of the ChannelAdvisor Services by Users (such as log and configuration data). We use this information to understand how the Services are being configured and used, how they can be improved for the benefit of Users, and to develop new Services.
Other Disclosures. ChannelAdvisor may disclose a User’s personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements, or if ChannelAdvisor has a good faith belief that such disclosure is necessary to protect and/or defend the rights and interests of ChannelAdvisor or others. ChannelAdvisor may, as permitted by applicable law, disclose your personal information to ChannelAdvisor Clients, other Users or third parties in connection with an investigation of fraud, infringement, piracy or other unlawful activity and you expressly authorize ChannelAdvisor to make such disclosures.
Domestic and International Use. All personal information collected by ChannelAdvisor may be:
(1) used in the United States; (2) transferred to the United States for use of the Services by a foreign
ChannelAdvisor Client if the Services are undertaken by ChannelAdvisor for a Client; or (3) transferred to a ChannelAdvisor location or Client outside of the United States. You consent to any such transfer of information outside of your country.
V. USE AND DISCLOSURE OF PERSONAL INFORMATION FROM SHOPPERS AND CHANNELADVISOR CLIENTS
Bidding and Buying Process. If you are a Shopper, we share personal information about you with that ChannelAdvisor Client in order to assist you with the bidding and buying process as well as to assist ChannelAdvisor Clients with the selling process. ChannelAdvisor will retain your information at ChannelAdvisor to support the transaction. To the extent that ChannelAdvisor Clients or ChannelAdvisor’s agents have access to a Shopper’s personal information, these entities will treat this information in no less a secure manner than they treat the personal information of customers who purchase directly through the website of that ChannelAdvisor Client. If you are a Shopper, you are encouraged to review the privacy policies of the ChannelAdvisor Clients and/or websites that provide the products or services related to your bid or purchase. Shoppers should contact these ChannelAdvisor Clients and/or websites directly and review their privacy policies should you have questions concerning their use of your information such as, for example, communications you may or may not wish to receive.
Customer Support. Contact information provided by a Shopper in connection with problems, comments or requests is used only to respond to those problems, comments or requests and may be provided to ChannelAdvisor Clients or third parties as necessary to respond to the comment, problem or request.
Marketing/Special Offers/Solicitation from ChannelAdvisor. ChannelAdvisor may use a Shopper’s information to provide updates and for other business purposes related to making available the features and functions of Services. ChannelAdvisor also may use information a Shopper provides to make a Shopper aware of new products or special offers or promotions. ChannelAdvisor will abide by requests from you to discontinue such use. As a Shopper, if you receive communications directly from a ChannelAdvisor Client, you should contact the ChannelAdvisor Client directly concerning such communications and review their privacy policies. A Shopper will receive such information as described in this Section unless a Shopper has opted out of receiving such information from ChannelAdvisor as part of the checkout process. Outside of the checkout process, Shoppers may also opt out of receiving such information (if you have not already opted out of receiving it) by sending a request as described below.
Providing Your Information to Third Parties for Marketing/Solicitation (Shoppers). If you are a Shopper, ChannelAdvisor does not sell your personal information to third parties for purposes of marketing or soliciting you, provided however, we may share personal information with a third party upon your prior consent (optout). To the extent that ChannelAdvisor Clients (for example, a seller of an item you purchased) have access to your personal information as a result of your bidding or buying, where ChannelAdvisor provides your information to ChannelAdvisor Clients as part of a transaction you may be involved in with such ChannelAdvisor Client, these entities may solicit or market to you in accordance with their policies. As a Shopper, you are encouraged to review the privacy policies of the ChannelAdvisor Clients that provide the products or services related to your bid or purchase. You should contact ChannelAdvisor Clients directly and review their privacy policies should you have questions concerning their use of your personal information such as, for example, communications you may or may not wish to receive.
Providing Your Information to Third Parties for Marketing/Solicitation (ChannelAdvisor Clients). If you are a ChannelAdvisor Client, ChannelAdvisor may provide certain of your registration information to third parties for use in marketing and in designing or providing their own services, to send you information about its products and to notify you if you win a contest. You may opt out of ChannelAdvisor providing such information to third parties at any time by updating your Personal Account Settings or by contacting ChannelAdvisor. You should contact the third party directly who may already be sending you messages in order to request that these communications stop, and to review their privacy policies.
Bidding, Buying, Selling History. ChannelAdvisor may use any information collected related to a Shopper or ChannelAdvisor Client’s bidding, buying or selling history to generate recommendations and predictions related to likelihood of your willingness to complete a bid and may submit such history and recommendations to ChannelAdvisor Clients.
VI. ACCESS, REVIEW AND MODIFICATIONS TO YOUR PERSONAL INFORMATION
If you either (i) have created a Shopper profile, (ii) opted to receive marketing information from ChannelAdvisor, or (iii) are a user residing in the European Union or EFTA States, you may access, review, modify, delete, suppress, correct or update personal information by contacting ChannelAdvisor by filling out the form below. You can also ask us to specify what personal information we have about you and to delete certain personal information about you from our records, or request to receive an electronic copy of your personal information for purposes of transmitting it to another company (to the extent this right to data portability is provided to you by applicable law). Please let us know what information you would like us to remove from our databases or otherwise let us know what limitations you would like to put on our use of your personal information. For your protection, we may only implement requests with respect to the personal information associated with the particular email address that you use to send us your request.We will need to verify your identity before implementing your request, and you shall provide us with information that we may reasonably need to perform such verification. We reserve the right to share this information with third parties on a need-to-know basis, including third party data controllers who engage our services as a data processor. We, or the relevant data controller, will respond to your requests consistent with applicable law, and we will comply with your request as soon as reasonably practicable. Please note that we may need to retain certain personal information for record keeping purposes and/or to complete any transactions that you began prior to your request for as long as needed or permitted in light of the purposes for which it was obtained. The criteria used to determine our retention periods include the length of time we have an ongoing relationship with you and provide our services to you, our legal obligations or whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations).There may also be residual information that will remain within our databases and other records, but such residual information will no longer be tied to your identity. . You should contact the ChannelAdvisor Client (for example, the seller of an item you have purchased) directly in order to access, modify or update your personal information with them.
VII. ADDITIONAL INFORMATION FOR CALIFORNIA RESIDENTS
Collection of Information. The section above entitled Information Collection discloses the categories of California Personal Information that we collect, which include your account and profile information, your content, your communications with us, and information about your activity and engagement with the ChannelAdvisor platform(s).
Use and Disclosure. The sections above entitled Cookies, Use and Disclosure Information, and Use and Disclosure of Personal Information from Shoppers and ChannelAdvisor Clients disclose that the categories of California Personal Information we collect are used for business purposes, to provide our services, to comply with applicable law, and to prevent misuse of the ChannelAdvisor platform(s). We only share your California Personal Information with service providers, affiliates, law enforcement authorities, and as needed with third parties to provide our services. We do not sell and, within the last 12 months, we have not sold, California Personal Information.
- Right to Request. California consumers have the right to make the following requests of ChannelAdvisor regarding their California Personal Information:
- Deletion. You have the right to request the deletion of California Personal Information that we have collected about you.
- Copy and Right to Know. You have the right to request a copy of the specific pieces of California Personal Information that we have collected about you over the past 12 months, including the categories of information, sources, and purposes of collection, as well as categories of third parties we have shared it with.
You may request to exercise these rights by:
- Calling us toll-free at 1-877-822-4341;
- Emailing us at email@example.com; or
- By completing our request form available below.
As required under applicable law, please note that we will take steps to verify your identity before granting you access to information or acting on your request to exercise your rights. We may require you to provide your email address to verify your identity in response to exercising requests of the above type. You will, therefore, need access to your email account to receive our communications necessary to process your request. Please make sure to check your spam inbox to ensure these important communications are not missed. We may limit our response to your exercise of the above rights as permitted under applicable law.
- Designated Agent. You may designate an agent to make a request on your behalf. That agent must have access to your account in order for us to verify the request. You may make such a designation by providing the agent with written permission to act on your behalf. We will require the agent to provide proof of that written permission. As permitted by law, we may require you to verify your own identity in response to a request, even if you choose to use an agent.
Non-Discrimination. ChannelAdvisor will never discriminate against you, including by denying or providing a different level or quality of services should you choose to exercise your options under the CCPA.
VIII. LINKS TO OTHER SITES
As a part of the Services, ChannelAdvisor provides links to web sites operated by third parties. ChannelAdvisor is not responsible for the information collection or privacy practices or the content of those third party sites. Users should check the privacy policies of any site prior to use.
ChannelAdvisor uses reasonable efforts not to collect, use or disclose personal information from children under the age of 16. The Services are not targeted at children, and children may not register for any of the Services.
XI. FURTHER INFORMATION; ENFORCEMENT
Attn: Legal Department – Privacy Officer
3025 Carrington Mill Blvd., Suite 500
Morrisville, NC 27560
For Users located in Australia:
ChannelAdvisor (AU) Pty Limited
Attn: Legal Department – Privacy Officer
Level 1, 2 Stawell Street
Phone: +61 3 8845 6505
You may also use the above contact information if you think any information about you is inaccurate, incomplete, or if you want to change the sort of information about you that ChannelAdvisor may have collected.
If you are located in the European Union or EFTA States, and you wish to raise a concern about our use of your information (and without prejudice to any other rights you may have), you have the right to do so with your local supervisory authority.
Privacy Shield. ChannelAdvisor participates in the EU-U.S. Privacy Shield Framework designed by the U.S. Department of Commerce and European Commission and is committed to subject to the Privacy Shield Principles all personal data received from the EU in reliance on the Privacy Shield; ChannelAdvisor’s certification can be found here. ChannelAdvisor entities adhering to the Privacy Shield include: ChannelAdvisor Corporation; CA Washington, LLC; ChannelAdvisor Hong Kong Limited; ChannelAdvisor UK Limited; ChannelAdvisor (AU) Pty Limited; ChannelAdvisor Brasil Tecnologia Ltda.; ChannelAdvisor GmbH; ChannelAdvisor Ireland Limited; ChannelAdvisor (Shanghai) Information Technology Co., Ltd.; ChannelAdvisor Spain S.L.; and ChannelAdvisor Brands UK Limited. For personal information received by ChannelAdvisor from Users in the EU, ChannelAdvisor adheres to the following additional principles:
Dispute Resolution. Complaints based on human resources data of ChannelAdvisor employees and job applicants in the EU that cannot be resolved between ChannelAdvisor and a User will be referred to EU Data Protection Authorities. All other complaints concerning ChannelAdvisor’s Privacy Shield compliance should be directed to: firstname.lastname@example.org. ChannelAdvisor will respond in forty-five (45) days. If ChannelAdvisor fails to respond within that time or if ChannelAdvisor’s response fails to address your concern, you may contact the American Arbitration Association, which provides an independent third-party dispute resolution body based in the United States. The American Arbitration Association will respond to your complaint and provide appropriate recourse at no cost to you. If neither ChannelAdvisor nor the American Arbitration Association resolves your concern, you may have the right to invoke binding arbitration through the Privacy Shield Panel.
Through its Privacy Shield Framework participation, ChannelAdvisor is subject to the investigatory and enforcement powers of the Federal Trade Commission.
If you have a privacy-related question or request regarding data held by ChannelAdvisor please use the form below to contact us:
Modified and Effective as of January 1, 2020