ORDERGROOVE PRIVACY POLICY

OrderGroove, Inc. (“OrderGroove”, “we,” “us,” or “our”), is committed to protecting and respecting your privacy.  OrderGroove’s Relationship Commerce Cloud™ (the “Service”) offers a comprehensive suite of capabilities that simplifies the consumer ordering and reordering experience by enabling omnichannel retailers and brands to practice and achieve Relationship Commerce - across any and every channel.

This Privacy Policy (“Privacy Policy”) describes the types of information we collect, how we use the information, with whom we share it and the choices you (“you” or “your”), our users, can make about our collection, use and disclosure of your information via the Service or our internet website at https://www.OrderGroove.com (the “Website”).  We also describe the measures we take to protect the security of your information and how you can contact us about our privacy practices.

Please review this Privacy Policy periodically as we may update it from time to time to reflect changes in our data practices, as described more fully below under “Privacy Policy Updates”.

This Privacy Policy applies to our “Clients”, top retailers and brands worldwide using the Service to enable customer-centric solutions in their e-commerce websites and applications (“Client Sites”); and to “Visitors” who are customers and other visitors to Client Sites integrating the Service, about whom we may receive Personal Information from our Clients when we are acting as a provider of the Service to our Clients, and who are visitors to our Website, who may also include Clients.

This Privacy Policy does not apply to information of any kind that we collect by means (including offline means) or from sources other than those specified herein.

As used in this Privacy Policy, “Personal Information” means any information or set of information about an identified or identifiable natural person, where an identifiable natural person is one who can be identified by all means reasonably likely to be used by any person to identify the natural person directly or indirectly.  “Personal Information” does not include information that is not associated with an identified or identifiable individual or information that is reported in the aggregate (provided that such aggregated information is not identifiable to a natural person), and does not include information as to which identifying characteristics have been removed without means reasonably likely to be used by any person to re-identify the natural person directly or indirectly.

BY USING OUR WEBSITE OR SERVICES, OR BY SUBMITTING INFORMATION THROUGH OUR WEBSITE OR SERVICES, YOU AGREE TO THE TERMS OF THIS PRIVACY POLICY AND YOU EXPRESSLY CONSENT TO THE PROCESSING OF YOUR INFORMATION ACCORDING TO THIS PRIVACY POLICY.

NOTICE

Where OrderGroove collects or receives Personal Information about Visitors directly from Visitors, we will explain the purposes for which we collect and use such Personal Information, the types of third parties to which we disclose that information, and the choices and means, if any, we offer you for limiting the use and disclosure of Personal Information about you. This explanation will be provided as soon as practicable and, in any event, before we disclose your Personal Information or use such information for a purpose materially different than that for which it was originally collected or processed.

Where OrderGroove collects or receives Personal Information about Visitors from our Clients, which occurs when we are acting as a provider of Services to our Clients on Client Sites, we do so as a processor of Personal Information on behalf of our Clients. We will use such information in accordance with the notices provided to Visitors by our Clients and in accordance with the choices Visitors made with respect to such Personal Information, as communicated to us by our Clients.

Collection and Use of Information Through Our Website

Visitor- and Client-Provided Information: When Visitors visit our Website, we may collect certain types of Personal Information about you that you submit voluntarily. This information may include your name, address, email address and telephone number. This information may also include the communication content and metadata associated with the communication. This may occur when you send us an email, submit a website form requesting information about OrderGroove or our Services, use an on-site live chat service, or otherwise communicate with us. In addition, if you are accessing the Website or Services on behalf of a Client, you may provide certain information in order to manage the Client’s account, for example your name, email address and password. Our legal bases for processing this information is your consent, the performance of a contract between you and us and our legitimate interests, namely the proper administration of our Website and communications with Visitors.

We also collect certain Personal Information from Clients in order to manage their accounts, including credit card numbers and associated billing information. We refer to this information as “Billing Information”.  Our legal basis for processing this information is the performance of a contract between our Clients and us.

Automatically-Collected Information: Whether you are a Visitor visiting our Website or acting on behalf of a Client in order to manage the Client’s account, we may receive additional information about you that is collected automatically.  This additional information may include Internet protocol (IP) address, domain names, browser, device type, access times, the web pages you view, and other tracked user actions. This information may also include Cookies (defined below), web bugs, device information, and navigational data like Uniform Resource Locators (URLs), which we may use to gather information regarding the date and time of your visit, as well as your geo-location (from your IP address). “Cookies” are small pieces of information that a website sends to your browser.  Session Cookies do not track where you have been on the internet and do not gather information about you that could be used for marketing purposes.  Session Cookies are only stored for the duration of your visit to the Website and are deleted from your device when you close your browser. Persistent Cookies are saved on your device for a fixed period of time after you close your browser and are activated each time you visit our Website.  Persistent Cookies can be removed by following your Internet browser help file directions. If you choose to disable persistent Cookies, you may experience session errors and may need to log-in again each time you use the Services. Our legal basis for processing this information is consent and our legitimate interests, namely monitoring and improving our Website and our Service.

How We Use Information We Collect Through Our Website: We use information that we collect through our Website to respond to your requests, resolve problems, improve the quality of the Website and Services, and market our products or services and those of third parties to you. We use Billing Information from our Clients only for purposes of authentication and to process Client payments. With respect to any information that we collect or receive, we may also anonymize such information by removing identifying characteristics (if any) and aggregating it with the information of others.  We may use such information to create compilations of aggregated data and/or statistics and reports, and any other uses without restriction. We may use all information we collect through our Website to comply with our legal and regulatory obligations, policies and procedures, and for internal administrative purposes.

Collection and Use of Information Through Client Sites

Visitor- and Client-Provided Information: We may process Personal Information about you that is provided to us by our Clients that you provide voluntarily when Visitors visit Client Sites and use our Service.  This information may include your name, email address, mailing address, billing address, credit card details and telephone number. This may occur when you register for services on our Client Sites.  We may also process information relating to transactions that you enter into with our Clients on our Client Sites, including purchases of goods and services. This transaction information may include transaction details, such as purchase and shipping information, dates of purchase and purchase history. This transaction information may also include subscription information, including which goods and services are subscribed for, and subscriptions history, and credit card numbers and associated billing information.  Our legal basis for processing this information is the legitimate interests of our Clients (data controller).

Automatically-Collected Information. We may process additional information about you that is provided to us by our Clients that is collected automatically when you visit Client Sites and use our Service. This additional information may include some of the same information we automatically collect about you when you visit our Website, as well as products or services you viewed. Our legal basis for processing this information is the legitimate interests of our Clients (data controller).

How We Use Information We Collect Through the Service: We use information about you provided to us by our Clients that you provide voluntarily and that is collected automatically when visiting Client Sites to provide our Service to our Clients; respond to your requests, resolve problems, improve the quality of the Service, and market our products or services and those of third parties to you. With respect to any information that we collect or receive, we may also anonymize such information by removing identifying characteristics (if any) and aggregating it with the information of others. We may use such information to create compilations of aggregated data and/or statistics and reports, and any other uses without restriction.  We may use all information about you provided to us by our Clients that is collected when visiting Client Sites to comply with our legal and regulatory obligations, policies and procedures, and for internal administrative purposes.

CHOICE

(Disclosing Personal Information to Third Parties)

OrderGroove will offer you the opportunity to choose whether your Personal Information is to be used for a purpose materially different from the purpose for which it was originally collected or subsequently authorized by you.

OrderGroove does not request or knowingly receive or collect Sensitive Personal Information. Nonetheless, if at any point in the future OrderGroove receives or collects Sensitive Personal Information about you, OrderGroove will not process such information about you for purposes other than those for which the information was originally obtained or subsequently authorized by you unless you explicitly consent to the processing, or as required or permitted, or where not prohibited by law or regulation.  “Sensitive Personal Information” means Personal Information that reveals race, ethnic origin, political opinion, religious or philosophical beliefs, trade union membership, genetic data, biometric data where processed to uniquely identify a person, any information that concerns medical or health conditions or sex life, or information relating to the commission of a criminal offense.

OrderGroove may disclose your Personal Information: To third party vendors or service providers who help us provide the Service or the Website, including database hosting and data processing services, and assist us in responding to requests by you for information that you request (including your rights covered by the provisions in this Privacy Policy under “Accessing and Controlling Your Personal Information”); To third parties to whom you ask us to send your information; To a parent company, any subsidiaries, joint ventures, or other companies under a common control (collectively, “Affiliates”), provided that we require our Affiliates to honor this Privacy Policy; To a company that merges with us, acquires us, or purchases our assets, in which case such company may continue to process your Personal Information as set forth in this Privacy Policy; or If we believe in good faith that such disclosure is necessary to (a) resolve disputes, investigate problems, or enforce our Terms; (b) comply with relevant laws or to respond to requests from law enforcement or other government officials relating to investigations or alleged illegal activity or in connection with our own investigation of suspected or actual illegal activity, in which case we may (and you hereby authorize us to) disclose Personal Information without subpoenas or warrants served on us; or (c) protect and defend our rights or property or the rights and property of you or third parties; or (d) to prevent physical harm to an individual or financial loss.

 

Opting Out of Marketing Communications

 

If you receive marketing or promotional emails from us, you may unsubscribe at any time by following the instructions contained within the email or by sending an email to the address provided in the “Contact Us” section

ACCOUNTABILITY FOR ONWARD TRANSFER

The Website is hosted and the Service is provided in the United States of America. In the performance of our Service and business operations, Personal Information we collect or receive may be stored or transferred internationally throughout our organization and to our service providers or agents, in accordance with applicable data privacy laws.  Transfers to third parties are covered by the provisions in this Privacy Policy under Notice and Choice.

OrderGroove will endeavor to obtain assurances that any such service provider or agent will provide at least the same level of privacy protection as is required by this Privacy Policy, and will notify OrderGroove if it makes a determination it can no longer meet this obligation.

We use model contractual clauses and other mechanisms approved by the European Union and Switzerland, respectively, for transfers of Personal Information from the European Economic Area (“EEA”) and Switzerland.

Where we know that any third party to whom we have provided Personal Information is using or disclosing Personal Information in a manner contrary to this Privacy Policy, we will take reasonable steps to prevent or stop the use or disclosure. With respect to such onward transfers to agents, and to the extent we are responsible for the event, we will remain liable should our agents process Personal Information in a manner inconsistent with this Privacy Policy.

DATA SECURITY

We follow generally accepted industry standards to protect the information submitted to us, both during transmission and once we receive it. Taking into account the risks involved in the processing and the nature of the Personal Information we process, OrderGroove maintains appropriate administrative, technical and physical safeguards to protect Personal Information in our possession against accidental or unlawful destruction, accidental loss, unauthorized alteration, unauthorized disclosure or access, misuse, and any other unlawful form of processing. This includes, for example, firewalls, password protection and other access and authentication controls. We use SSL technology to encrypt data during transmission through public internet, and we also employ application-layer security features to further anonymize Personal Information.

However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. We cannot ensure or warrant the security of any information you transmit to us or store on the Service, and you do so at your own risk. We also cannot guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If you believe your Personal Information has been compromised, please contact us as set forth in the “Contact Us” section.

We have a security incident response program designed to promptly respond to and escalate any potential privacy or security incident.  If we learn of a security incident, we will inform you and the authorities of the occurrence of the breach in accordance with applicable law.

DATA INTEGRITY AND PURPOSE LIMITATION

OrderGroove endeavors to use Personal Information only in ways that are compatible with the purposes for which it was collected or subsequently authorized by you. OrderGroove will take reasonable steps designed to ensure that only Personal Information that is relevant to its intended use, accurate, complete, current and otherwise reliable in relation to the purposes for which the information was obtained or is used by us for as long as we retain possession of such information. OrderGroove’s personnel have a responsibility to assist us in maintaining accurate, complete and current Personal Information. When acting as a provider of the Service to our Clients on Client Sites, OrderGroove endeavors only to process Personal Information that is relevant to the Service, and for purposes compatible with those for which the Personal Information was collected; wherever possible, such Personal Information is non-identified.

ACCESSING AND CONTROLLING YOUR INFORMATION

EU data protection law makes a distinction between organizations that process Personal Information for their own purposes (known as “controllers”) and organizations that process personal data on behalf of other organizations (known as “processors”). If you have a question or complaint about how your Personal Information is handled, these should always be directed to the relevant controller, since the controller has primary responsibility for your Personal Information.

 

(For Visitors to Client Sites) When acting as a provider of the Service to our Clients on Client Sites, OrderGroove is a processor in respect of Personal Information about Visitors to Client Sites that Clients provide us.  OrderGroove has no direct relationship with Visitors to Client Sites, and any such Visitors who seek access, or who seek to correct, amend, or delete their Personal Information should direct their inquiries to the relevant Client which has transferred such Personal Information to OrderGroove for processing.  We will assist our Clients in fulfilling their obligations under applicable law to respond to such requests by individuals to access or correct, amend or delete their Personal Information.

 

(For Visitors to our Website) We are a data controller in respect of Personal Information that Clients provide us in managing their accounts and Visitors provide us when visiting our Site. Under laws in certain countries in which OrderGroove operates, Clients who manage their accounts through the Service and Visitors to our Website from those countries have a right to access Personal Information about themselves, and to amend, correct or delete Personal Information that is inaccurate, incomplete or outdated.  OrderGroove will, upon request, provide you with confirmation regarding whether OrderGroove is processing Personal Information about you, consistent with applicable law. In addition, upon your request, OrderGroove will take reasonable steps to correct, amend, or delete your Personal Information that is found to be inaccurate, incomplete or processed in a manner non-compliant with this Privacy Policy or applicable law, except where the burden or expense of providing access would be disproportionate to the risks to your privacy, where the rights of persons other than you would be violated or where doing so is otherwise consistent with applicable law. Unless prohibited by applicable law, OrderGroove reserves the right to charge a reasonable fee to cover costs for providing copies of Personal Information that you request.

Please note that while any amendments, corrections or deletions will be reflected in active user databases (as updated with a reasonable period of time), OrderGroove may retain all Personal Information for backups, archiving, prevention of fraud and abuse, analytics, and satisfaction of other legal obligations we reasonably believe applicable.

You authorize us to use and disclose any new or modified information that you provide in accordance with this Privacy Policy, and you agree that we are under no obligation to delete or modify information that you have previously chosen to provide us as to which you have not instructed us to take such action. Please remember, however, if we have already disclosed some of your Personal Information to third parties, we cannot access that Personal Information any longer and cannot force the deletion or modification of any such information by the parties to whom we have made those disclosures.

We may retain your Personal Information to comply with laws, prevent fraud, resolve disputes, troubleshoot problems, assist with any investigations, enforce our contracts, and take other actions otherwise permitted by law.

RECOURSE, ENFORCEMENT AND LIABILITY

OrderGroove encourages you to raise questions about our processing or disclosure of your Personal Information by contacting us, as set forth in the “Contact Us” section below.

OrderGroove will undertake reasonable efforts to investigate and attempt to resolve complaints and disputes regarding use and disclosure of Personal Information in accordance with the principles contained in this Privacy Policy.

Any of our personnel that we determine are in violation of this Privacy Policy will be subject to disciplinary action up to and including termination of employment, where applicable.

USE OF THIRD PARTY COOKIES

We may use third party tracking services to track and analyze Personal Information that is collected automatically from Visitors of our Website and Services, such as Internet protocol address, domain names, browser, device type, access times, the web pages you view, and other tracked user actions. Such third parties may use Cookies to help track Visitor behavior. We will not use or associate such Cookies with other Personal Information of individual Visitors to our Website.[AM3]

FEEDBACK

If you provide feedback to us, we may use and disclose such feedback for any purpose, provided we do not associate such feedback with your Personal Information.  We will collect any information contained in such feedback and will treat Personal Information therein in accordance with this Privacy Policy.

THIRD PARTIES NOT GOVERNED BY THIS PRIVACY POLICY

This Privacy Policy addresses only OrderGroove’s use and disclosure of information we collect from or about Visitors to our Website or to Client Sites integrating the Service, or acting on behalf of a Client in order to manage the Client’s account. The use and disclosure restrictions contained in this Privacy Policy do not apply to any third party and we do not control the privacy policies of third parties.  If you disclose information to others, including to Visitors, you are subject to the privacy policies of those third parties where applicable.

The Website may contain links to other websites that are not owned or controlled by us. When you click on such a link, you will leave our Website and go to another site. During this process, another entity may collect Personal Information from you.  We have no control over, do not review and are not responsible for the privacy policies of or content displayed on such other websites.

CHANGES TO THIS PRIVACY POLICY

This Privacy Policy is subject to revision from time to time on a going-forward basis. We will post any revised version of the Privacy Policy on this page. If we make any material changes to it, we may also send you notice thereof to the last email address you have provided to us. Continued use of our Service following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

CONTACT US

If, for whatever reason, you have any questions, comments, complaints or compliments about the privacy of our Service or this Website, please contact our email support. Please also use this email address if you believe you have received a marketing communication from OrderGroove that you feel makes use of your Personal Information in an unauthorized or unwelcome way. Our support email is customersupport@ordergroove.com.

This Privacy Policy was last revised: May 17, 2018.