This privacy policy and all addendums (this "Privacy Policy") is effective as of the date set forth above.
Volusion, LLC is committed to honoring the privacy of Our customers and visitors ("You" or "Your"). This Privacy Policy, which is part of Our overall Terms of Service ("Terms of Service"), covers personal information shared through Our website and Our Services, including Personally Identifiable Information and Anonymous Information (the "Personal Information").
"Personally Identifiable Information" or "PII" means information that can be used to identify You as an individual, such as, for example:
- Your name, company, email address, phone number, billing address, and shipping address;
- Your Volusion user ID and password (if applicable);
- credit card information (if applicable);
- any account-preference information You provide us; and
- Your computer's domain name and IP address.
"Anonymous Information" means information and data that is not linked to Your Personally Identifiable Information and does not, by itself, permit the identification of an individual.
This Privacy Policy describes how We collect and use the Personal Information You provide on Our website and as part of Our Services. It also describes the choices available to You regarding Our use of Your Personal Information and how you can access and update this information. By submitting Personal Information through our website http://www.volusion.com (Our "Site") or as otherwise described in this Privacy Policy, or, even if You are not a customer, by visiting Our Site, You expressly consent to the collection, use and disclosure of Your Personal Information in accordance with this Privacy Policy.
We collect basic client information, including Personal Information, in connection with the performance of the Services. We respect Your privacy, and We assure you that We will maintain and use this information responsibly.
We do not intentionally gather Personal Information from visitors who are under the age of 13.
Please note that this Privacy Policy only addresses activities on Our Site and Our servers, and does not govern the collection and use of information by Our merchants, Our partners, or other companies that We do not control, nor by individuals not employed or managed by Us. If You visit a website that We host, mention or link to, another entity may collect Your Personal Information and You should review its privacy policy before providing the site with information.
Data We Collect from You
Account Registration
The registration of an Account requires You to provide certain Personal Information, including a full legal name, current address, phone number, a valid email address and certain other information indicated as required. If You choose Services that require the payment of a fee, You will also be required to submit a credit card/debit card number, expiration date and billing zip code, which information will be kept on file in Our secure server in order to process Your recurring invoices. In connection with Your account registration, We may also ask for additional information, including the number of employees in Your company (if an entity), Your annual revenues, Your industry and other similar information. We use all such information to provide the Services to You, including to contact You, confirm Your identity and, if applicable, to invoice You.
Your Customers
We collect Personal Information from Your customers that You share with Us or that such customers provide while registering for Your website using the Services ("Your Site"), browsing Your Site or during checkout on Your Site. We use this information to provide You with the Services and so that You can serve Your customers, including supporting and processing orders, authentication and processing payments. We also use this information to improve the Services.
Our Partners
We collect Personal Information from our partners, which include individuals and businesses that have entered into a partnership agreement with Us. Our partners can include referral partners, developers, technology partners and solution partners. We also collect Personal Information about Your customers from Our partners in accordance with their applicable privacy policy. We use all such information to provide the Services to You, including to contact You and confirm Your identity and to improve the Services.
General Browsing
Whether You are a customer of Ours or not, We collect Anonymous Data, including data about Our websites that You visit, information about the device, operating system and browser You use, Your network connection, Your IP address and the date/time stamp for Your visit. If You are a customer of Ours, We will also collet data about how and when You access Your Account. This information allows Us to see which areas are most visited, which helps Us improve the quality of visitors' online shopping experiences by recognizing and delivering more of the features, services and products that Our visitors prefer.
Social Media
Our websites may use social media features, such as the Facebook 'like' button ("Social Media Features"). These features may collect Your IP address and which page You are visiting on Our website, and may set a cookie to enable the feature to function properly. You may be given the option by such Social Media Features to post information about Your activities on Our website to a profile page of Yours that is provided by a third party social media network in order to share with others within your network. Social Media Features 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 the relevant Social Media Features.
Contests and Sweepstakes
With respect to persons age 13 or older, We collect Personal Information required to participate in certain contests, sweepstakes, and/or other giveaways (individually and collectively, "Promotions") that We conduct on social media/networking websites including, but not limited to twitter.com, facebook.com, pinterest.com, instragram.com, and youtube.com (each, a "Social Media Site"), or on Our website. This information may vary but will typically include your first and last name, mailing address (including city, state, zip code and country) and e-mail address. It may also include additional information, such as telephone number, fax number, and information about your interests in and use of various products, programs and services. We will use any such Personal Information to contact You regarding Your interest in, or experience with, the Services, as well as for marketing purposes.
Other
From telephone users, We collect your phone number and call audio. From chat support users, we collect PII as well as information about the device and browser You use, Your network connection and Your IP address. From forum users, we collect certain PII, including Your name, email address and website URL. We use all of this information to provide to You the Services, to enhance Our Services and answer any questions You may have.
Use of Personal Information
As described above, We will use Personal Information to perform the Services, including to facilitate the creation of and secure Your account on our network and identify You as a user in Our system. We will also use Personal Information to contact You regarding Your interest in, or experience with, the Services, to provide You with support and to improve the quality of Our Site and Services. We may also use Personal Information for marketing purposes. For example, We may use information You provide to contact You or to send You information regarding Us or our partners.
If You purchase or specifically express interest in a product or service of one of Our partners, We may share Personal Information about You with such partner. We do not control the use of Your Personal Information that we collect, and their use will be in accordance with their own privacy policies. However, We will ensure that they are bound by a non-disclosure agreement with Us. If you do not wish for your Personal Information to be shared in this manner, You may opt not to purchase or to specifically express interest in Our partners products or services.
We do not sell, rent or trade Your Personal Information to third parties. We will not use any PII we collect from You or Your customers to contact or market to Your customers or directly compete with You.
We will not use or disclose any such PII, except:
- as necessary to provide the Services to You;
- in the aggregate with other information in such a way so that Your identity cannot reasonably be determined (for example, statistical compilations);
- as required by law, or based on our good faith belief that it is necessary to conform or comply with the law;
- to outside auditors who have agreed to keep the information confidential;
- to a successor organization in the event of a merger, acquisition, bankruptcy, or other sale or disposition of all or a portion of Our assets;
- as necessary to enforce Our Terms of Service;
- as necessary to protect Our rights, safety, or property, Our users, or others; this may include (for example) exchanging information with other organizations for fraud protection and/or risk reduction; and
- as otherwise described in this Privacy Policy or to which You have consented.
We use third party payment processors to assist Us in processing and share with them Your PII payment information securely. Such third party processors’ use of Your Personal Information is governed by their respective privacy policies which may or may not contain privacy protections as protective as this privacy policy. Payments are currently processed and managed using the third party vendors below. We will inform You which payment processors are used when processing your payments.
- Stripe - privacy policy
We may use other third parties to help Us provide services and marketing to You, such as fulfilling orders, processing payments, monitoring site activity, conducting quality assurance and testing, providing support, conducting surveys, and administering e-mails, and share with them Your Personal Information solely for those purposes. If We share any Personal Information with any of these third parties, We will require that such information be used only to provide the services requested by Us and be maintained by them in strictest confidence. We require our service providers to whom we disclose Personal Information and who are not subject to the laws based on the EU Data Protection Directive 95/46 or Swiss Federal Data Protection law to either (i) subscribe to the Privacy Shield principles, or (ii) contractually agree to provide at least the same level of protection for Personal Information as is required by the relevant Privacy Shield principles.
Storage
If You do provide to Us, or We otherwise collect, Personal Information, either directly or through a partner, We will take commercially reasonable precautions to protect the information from loss, misuse and unauthorized access, disclosure, alteration and destruction. We follow industry standards on information security management to safeguard sensitive information, and are certified as a PCI-DSS service provider. Our platform is audited annually by a third-party qualified security assessor for compliance with PCI-DSS.
After We collect Personal Information, We will continue to store archived copies for legitimate business purposes and to comply with the law, and will continue use and store anonymous or anonymized information, such as website visits, in order to improve our Services.
Choices Regarding Your Personal Information
We offer You choices regarding the collection, use and sharing of Your Personal Information. You may manage your receipt of marketing and non-transactional communications by clicking on the "unsubscribe" link located on the bottom of Our marketing emails. Additionally, you may send a request to legal@volusion.com.
Updating Personal Information
We prefer to keep your Personal Information accurate and up-to-date. To do this, We provide You with the opportunity to update or modify Your Personal Information, including contact information and billing and shipping information, by logging into Your account.
Use of Forums / Discussion Boards
None of the information contained on Our website is medical, legal, business, or other advice or opinion. Any opinion expressed via this service is that of its author. Users are reminded that postings are automatic, instantaneous, and are not pre-reviewed. Additional facts and information on legal or other developments may affect the subjects discussed. Confidential information should not be discussed. We assume no responsibility for the content or consequences, direct or indirect, of communications by users.
Notice to European Union Users
Our operations are located primarily in the United States. If you provide information to us, the information will be transferred out of the European Union (EU) and Switzerland to the United States. We comply with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use and retention of personal information transferred from the EU to the United States. See "EU-U.S. Privacy Shield Framework" set forth in Addendum 1 to this Privacy Policy. To learn more about the Privacy Shield program, and to view our certification, please visit http://www.privacyshield.gov.
Questions/Changes in Policy
If you have questions or concerns with respect to our Privacy Policy, please feel free to contact us at legal@volusion.com. If elements of our Privacy Policy change, We will post the updated Privacy Policy on this Web site. If You are concerned about how your Personal Information is used, please visit Our site often for this and other important announcements about Volusion.
We believe in providing a safe and secure shopping experience for all of our clients. We provide stringent and effective security measures on our website. It is our policy to never send private information, such as your credit card number, via e-mail, IM, chat or other unsecured means. In fact, this is a practice We recommend you adopt in all of Your Internet activities.
ADDENDUM 1
EU-U.S. Privacy Shield Framework
Effective as of September 30, 2016
We comply with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use and retention of personal information transferred from the EU to the United States. To learn more about the Privacy Shield program, and to view our certification, please visit http://www.privacyshield.gov.
Our participation in the Privacy Shield applies to all personal information that is subject to the Privacy Policy and is received from the European Union, European Economic Area, and Switzerland. We will comply with the Privacy Shield Principles in respect of such personal information. We also maintain an affirmative commitment to the U.S.-Swiss Safe Harbor Framework and its principles, which will not be affected by Our participation in the Privacy Shield.
EU individuals have rights to access personal information about them and to limit use and disclosure of their personal information. We have committed to respect those rights. If You wish to limit the use or disclosure of Your personal information, please contact Us in the manner described under "Questions/Changes in Policy" set forth in the Privacy Policy.
Our accountability for personal information that We receive under the Privacy Shield and subsequently transfers to a third party is described in the Privacy Shield Principles. In particular, We remain responsible and liable under the Privacy Shield Principles if third-party agents that We engage to process the personal information on Our behalf do so in a manner inconsistent with the Principles, unless We prove that We are not responsible for the event giving rise to the damage.
As further explained in under "Questions/Changes in Policy" set forth in the Privacy Policy, we encourage you to contact us should you have a Privacy Shield-related (or general privacy-related) complaint. We will respond within 45 days. If we fail to respond within that time, or if our response does not address your concern, you my contact the International Centre for Dispute Resolution, the International division of the American Arbitration Association. Please visit http://info.adr.org/safeharbor/ for additional information and to file a complaint.
For any complaints that cannot be resolved with Us directly, We have chosen to cooperate with EU data protection authorities (DPAs) and comply with the information and advice provided to it by an informal panel of DPAs in relation to such unresolved complaints (as further described in the Privacy Shield Principles). Please contact us to be directed to the relevant DPA contacts. As further explained in the Privacy Shield Principles, a binding arbitration option will also be made available to you in order to address residual complaints not resolved by any other means.
We are subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission (FTC).
We may be required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.