Privacy Policy

Introduction

Reaction Commerce, Inc. (“Reaction Commerce,” “we,” and “us”) created this Privacy Policy (this “Privacy Policy”) in order to disclose how we use information collected from users (“Users,” “you,” and “your”) via the Reaction Commerce source code, the Reaction Commerce platform and the Reaction Commerce websites located at reactioncommerce.com (including sub-domains such as blog.reactioncommerce.com, forums.reactioncommerce.com, docs.reactioncommerce.com) (the “Website”). To make this Privacy Policy easier to read, the source code, the platform, and our Website are collectively called the “Services.”

When you access and/or submit your Personal Information on or through the Services, you agree to the collection, use and disclosure of your Personal Information as set forth in this Privacy Policy.

Information We Collect

Personal Information

Information you Provide to Reaction Commerce

We may require Users of the Services to provide Personal Information (whether via submission of queries, subscriptions or orders placed for the Services). When we say “Personal Information,” we mean information that relates to you and can identify you as an individual. Some examples of Personal Information we collect include a User’s name, email address, mailing address (home and business), company name, job title, phone number, country and age/birth date.

From time to time, we may also ask for or collect additional Personal Information. You can opt out of providing this additional information by not entering it or not using the Services. In certain cases, not providing such Personal Information may hinder your ability to use the Services.

Interactive Features

Reaction Commerce may offer interactive features such as commenting functionalities, forums, chat services, and social media pages. Reaction Commerce and other Users who use our Services may collect the information you submit or make available through these interactive features. Any information shared on the public sections of these channels will be considered “public” and may not be subject to the privacy protections referenced herein.

Information We Collect Through your Use of the Services

We may collect certain information automatically when you use the Services. This information may include your Internet protocol (IP) address, user settings, IMEI, MAC address, technologies including cookie identifiers, mobile advertising and other unique identifiers, mobile carrier, details about your browser, operating system or device, location information (including inferred location based off your IP address), Internet service provider, pages that you visit while using the Services, and other information about how you use the Services. Information we collect may be associated with your account and the devices you use.

Cookies, Web Beacons, and Personalized Advertising

We, as well as third parties that provide content, advertising, or other functionality on the Services, may use cookies, pixel tags, local storage, and other technologies (“Technologies”) to automatically collect information through the Services. Technologies are essentially small data files placed on your computer, tablet, mobile phone, or other devices that allow us and our partners to record certain pieces of information whenever you visit or interact with the Services.

• Cookies. Cookies are small text files placed in visitors’ device browsers to store their preferences. Most browsers allow you to block and delete cookies. However, if you do that, the Services may not work properly.

• Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded on the Services that collects information about users’ engagement. The use of a pixel allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement. We may also include web beacons in e-mails to understand whether messages have been opened, acted on, or forwarded.

Analytics

We may use Google Analytics and other service providers to collect information regarding user behavior and user demographics on the Services. This analytics data is not tied to any identifiable information. For more information about Google Analytics, please visit Google’s partner page. You can opt out of Google’s processing of data generated by your use of the Services by visiting Google Analytics opt out page.

Social Media Widgets

Our Services include social media features, such as the Facebook button, and widgets, such as the ShareThis button or interactive mini-programs that run on our Services. These features may collect your IP address, which page you are visiting on our Website and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our Website. Your interactions with these features are governed by the privacy policy of the company providing it.

Information from Third Party Sources

We may obtain information about you from other sources, including through third-party services and organizations to supplement information provided by you. For example, if you access our Services through a third-party application, such as a social networking service or a third-party login service, we may collect information about you from that third party that you have made available via your privacy settings. This supplemental information allows us to verify information that you have provided to us and to enhance our ability to provide you with the Services.

Information We Do Not Collect

Reaction Commerce does not intentionally collect sensitive Personal Information, such as social security numbers, genetic data, health information, political information or religious information. Although Reaction Commerce does not request or intentionally collect any sensitive Personal Information, we realize that users might store this kind of information in “Self-hosted servers or locally.” If you store any sensitive Personal Information on Reaction Commerce’s managed servers, you agree to our storage of that information on our servers in the United States.

How We Use Information We Collect

We use the information that we collect to provide, maintain, and improve the Services and to provide any other services that you and Reaction Commerce agree to. Reaction Commerce may de-identify and/or aggregate information that it obtains from Users to analyze trends, to gather data to benchmark best practices, and to monitor, improve and refine the functionality of the Services. Information that has been de-identified and/or aggregated data such that you can no longer be identified is not Personal Information.

We may use Personal Information to tailor and provide you with newsletters, information, and advertisements. We may provide you with these materials as permitted by applicable law. If you have any questions about our marketing practices or if you would like to opt out of the use of your Personal Information for marketing purposes, you may contact us as set forth below.

Reaction Commerce may also use Personal Information to pursue legitimate interests, such as direct marketing, research (including marketing research), network and information security, and fraud prevention. In addition, Reaction Commerce may use Personal Information for other purposes that are clearly disclosed to you at the time you provide Personal Information or with your consent.

How We Share Your Information

In addition to any other disclosures mentioned in this Privacy Policy, we may share your Personal Information as follows:

Disclosure to Our Corporate Family

We may share information among our family of entities, including our subsidiaries and/or other websites that we own or control. This sharing of your Personal Information is subject to the terms of this Privacy Policy.

Disclosure to Third Party Service Providers

We may share your information with third party service providers to provide and improve the Services. Some examples of the types of service providers we use include: hosting and maintenance, error monitoring, performance monitoring, customer service and relationship, database storage, advertising services and direct marketing campaigns, payment processing, billing, and debugging.

Business Partners

We may provide Personal Information to business partners to provide you with a product or service you have requested. We may also provide Personal Information to business partners with whom we jointly offer products or services.

Interest-Based or Personalized Advertising

Through our Services, Reaction Commerce may allow third-party advertising partners to set Technologies and other tracking tools to collect information regarding your activities and your device (e.g., your IP address, unique identifiers, page(s) visited, location, time of day). These advertising partners may use this information (and similar information collected from other services) for purposes of delivering personalized advertisements to you when you visit third party services within their networks. This practice is commonly referred to as “interest-based advertising” or “personalized advertising.” If you prefer not to share your Personal Information with third party advertising partners, you may follow the instructions below.

Public Forums

We offer publicly accessible interactive features such as community forums, blogs and chat channels. Please keep in mind that if you disclose any information through our public channels, this information may be collected and used by others. Reaction Commerce has little or no control over how others may use the information you share.

APIs and Software Development Kits

We may use third party APIs and software development kits (“SDKs”) as part of the functionality of our Services. For more information about our use of APIs and SDKs, please contact us as set forth below.

Disclosure By Law

You acknowledge and agree that we may disclose information we collect if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (i) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (ii) protect or defend Reaction Commerce’, or a third party’s, rights or property; or (iii) protect someone’s health or safety, such as when harm or violence against any person (including you) is threatened.

Merger, Sale, or Other Asset Transfers

In the event that Reaction Commerce is involved in a bankruptcy, merger, acquisition, financing due diligence, reorganization or sale of assets, Reaction Commerce reserves the right to disclose, sell, or transfer User information (including Personal Information) as part of any such transaction.

Data Security and Retention

We use reasonable physical, electronic, and administrative safeguards to protect your Personal Information from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the nature of the Personal Information and the risks involved in the processing that information. Unfortunately, the Internet cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information you provide to us. To the fullest extent permitted by applicable law, we do not accept liability for unintentional disclosure.

We will make any legally-required disclosures of any breach of the security, confidentiality, or integrity of your Personal Information to you via email or conspicuous posting on the Services in the most expedient time possible and without unreasonable delay, consistent with (i) the legitimate needs of law enforcement and/or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system, and any other disclosures that may be required under applicable law.

We also take measures to delete your Personal Information or keep it in a form that does not permit you to be identified when this information is no longer necessary for the purposes for which we process it, unless we are required by law to keep this information for a longer period. When determining the retention period, we take into account various criteria, such as the type of products and services requested by or provided to you, the nature and length of our relationship with you, possible re-enrollment with our products or services, the impact on the services we provide to you if we delete some information from or about you, mandatory retention periods provided by law and the statute of limitations.

Website Security

Please note that data that is transported over an open network, such as the Internet or email, may be accessible to anybody. We cannot guarantee the confidentiality of any communication or material transmitted via such open networks. When disclosing any Personal Information via an open network, you should remain mindful of the fact that it is potentially accessible to others, and consequently, can be collected and used by others without your permission. In particular, while individual data packets are often encrypted, the names of the sender and recipient are not. A third party may therefore be able to trace an existing relationship or one that is subsequently created. Even if both the sender and recipient are located in the same country, data may also be transmitted via such networks to other countries regularly and without controls, including to countries that do not afford the same level of data protection as your country of domicile.

Password-protected areas of the Website can be accessed only with a valid username and password. Each password owner is responsible for keeping the password confidential and safe, as Reaction Commerce has no control or responsibility for this type of User information. If the password may have been stolen or might otherwise be misused, it is the responsibility of the password owner to notify Reaction Commerce immediately for further action.

Your data may be lost during transmission or may be accessed by unauthorized parties. We do not accept any liability for direct or indirect losses regarding the security of your Personal Information or data during its transfer via Internet. Please use other means of communication if you think this is necessary or prudent for security reasons.

International Data Transfers & Privacy Shield Notice

The Services are exclusively hosted in the United States. Please note that if you are a User accessing the Services from the European Union, United Kingdom, Australia, Asia, or any other region with laws or regulations governing the collection, use, and disclosure of Personal Information that differ from United States laws, you are transferring your Personal Information to the United States. You agree that all User information (including Personal Information or “personal data” as defined by foreign laws) collected through the Services may be transferred to, stored and processed in the United States.

How Do We Protect Your Personal Information Across Borders?

Reaction Commerce complies with the EU-U.S. Privacy Shield and the Swiss-U.S. Privacy Shield Frameworks (Privacy Shield) 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 in reliance on Privacy Shield. Reaction Commerce has certified to the Department of Commerce that it adheres to the Privacy Shield Principles with respect to such information.

With respect to onward transfers to agents under Privacy Shield, Privacy Shield requires that we remain liable should its agents process Personal Information in a manner inconsistent with the Privacy Shield Principles.

If there is any conflict between the terms in this Privacy Policy and the Privacy Shield principles, the Privacy Shield principles shall govern. For more information about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov.

Enforcement and Dispute Resolution

By participating in the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework, Reaction Commerce is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission.

If you are located in the EEA, the United Kingdom, or in Switzerland, and believe that your Personal Information has been used in a manner that is not consistent with this Privacy Policy, please contact us using the information below.

If your complaint or dispute remains unresolved, you may also contact JAMS Mediation, Arbitration, and ADR Services. This organization provides independent dispute resolution services at no charge to you. JAMS can be contacted at https://www.jamsadr.com/eu-us-privacy-shield.

If you feel that your concerns about the use of your Personal Information have not be resolved after attempting to resolve a dispute through JAMS ADR, under certain conditions, you may seek resolution of the issue through binding arbitration. For more information about the binding arbitration process, please visit http://www.privacyshield.gov.

Your Choices and Rights

General

You may have the right to object to or opt out of certain uses of your Personal Information. Where you have consented to the processing of your Personal Information, you may withdraw that consent at any time by contacting us as described below.

Email Communications

You will have an opportunity to unsubscribe to any promotional emails or mailings by clicking on an “unsubscribe” hyperlink contained in the emails we send you. Any opt-out by you is not deemed valid until processed by Reaction Commerce. It is your obligation to verify that you have been opted-out. Reaction Commerce shall not be liable for problems with the opt-out procedures. Note that you will continue to receive transaction-related emails regarding products or Services you have requested. We may also send you certain non-promotional communications regarding us and our Services, and you will not be able to opt out of those communications (e.g., communications regarding the Services or updates to this Privacy Policy).

Technologies and Personalized Advertising

If you would like to opt-out of the Technologies we employ on the Services, you may do so by blocking, disabling, or deleting them as your browser or device permits. Please note that cookie-based opt-outs are not effective on mobile applications. However, you may opt-out of personalized advertisements on some mobile applications by following the instructions for Android and iOS.

The online advertising industry also provides websites from which you may opt-out of receiving targeted ads from advertisers that participate in self-regulatory programs. You can access these, and also learn more about targeted advertising and consumer choice and privacy, at https://www.networkadvertising.org/managing/opt_out.asp, https://www.youronlinechoices.eu/ and https://www.aboutads.info/choices/.

Please note you must separately opt out in each browser and on each device.

“Do Not Track”

Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.

Individual Rights

In accordance with applicable law, you may have the right to: (i) request confirmation of whether we are processing your Personal Information; (ii) obtain access to or a copy of your Personal Information; (iii) receive an electronic copy of Personal Information that you have provided to us, or ask us to send that information to another company (the “right of data portability”); (iv) restrict our uses of your Personal Information; (v) seek correction or amendment of inaccurate, untrue, incomplete, or improperly processed Personal Information; and (vi) request erasure of Personal Information held about you by Reaction Commerce, subject to certain exceptions prescribed by law. If you would like to exercise any of these rights, please send your request to us by email at privacy@reactioncommerce.com.

We will process such requests in accordance with applicable laws. To protect your privacy, Reaction Commerce will take steps to verify your identity before fulfilling your request.

Supervisory Authority

If you are located in the European Economic Area, you have the right to lodge a complaint with a supervisory authority if you believe our processing of your Personal Information violates applicable law.

Minors

The Services are not directed to individuals under 18, and we do not knowingly collect Personal Information from minors. If you are under 18 years old, you may not use the Services.

Third Party Websites/Applications

The Services may contain links to other websites/applications and other websites/applications may reference or link to our Services. These third-party services are not controlled by us. We encourage our Users to read the privacy policies of each website and application with which they interact. We do not endorse, screen or approve, and are not responsible for the privacy practices or content of such other websites or applications. Visiting these other websites or applications is at your own risk.

Updates to our Privacy Policy

Reaction Commerce reserves the right, at our discretion, to change, modify, add or remove portions of this Privacy Policy at any time. If there are any material changes to this Privacy Policy, we will notify you as required by applicable law. If Reaction Commerce changes any portions of its Privacy Policy, the changes will be updated on this Privacy Policy page. Users should periodically review our Privacy Policy page for any such changes. You understand and agree that you will be deemed to have accepted the updated Privacy Policy if you continue to use the Services after the new Privacy Policy takes effect.

Terms and Conditions

This Privacy Policy is part of the Terms & Conditions of the Website and Services and any use of the Website and Services is governed by those Terms & Conditions.

Legal Disclaimer

The Services operate “AS-IS” and “AS-AVAILABLE,” without warranties of any other kind. We are not responsible for events beyond our direct control. This Privacy Policy is governed by the laws of the State of California, excluding conflicts of law principles. Any legal actions against Reaction Commerce, Inc. arising out of or related to the Services must be commenced in the county of Los Angeles in the state of California in the United States of America.

Contact Us

If you have any questions about this Privacy Policy, or the practices of, or your dealings with the Services, please contact us at: privacy@reactioncommerce.com or by writing to us at:

Residents outside of the European Economic Area:

Reaction Commerce Inc.
Attn: Chief Privacy Officer
2110 Main St. Suite 304
Santa Monica, CA 90405

Email: privacy@reactioncommerce.com

Residents of the European Economic Area:

Reaction Commerce Inc.
Attn: Privacy Department
Friedrichstr. 123
10117 Berlin, Germany

Email: eu-privacy@reactioncommerce.com

This Privacy Policy last updated on 03/02/2020