Privacy Statement

Mission Statement

At Bold Innovation Group Ltd. (including its affiliates and subsidiaries, collectively “Bold Commerce”), we are dedicated to create powerful solutions for online merchants, and project creators. We also have the goal to create the best place to work. To fully achieve this, we promote an intentional culture of privacy that protects the data of our clients, employees and stakeholders and upholds their ability to control their personal information.

This starts with making sure you get meaningful choices about how and why data is collected and used, and ensuring that you have the information you need to make the choices that are right for you across our products and services.Privacy at Bold focuses on six privacy principles:

1. Privacy by Design and by Default: We will have your privacy in mind when developing new products and services. To do that; we will deploy measures designed to protect your privacy. We will strive to limit the amount of personal information that we process to what is necessary to deliver our products or services to you.
2. Control: You will be in control of your privacy with clear choices and straightforward avenues to communicate with us.
3. Transparency and Accountability: We will be transparent about data collection and use so you can make informed decisions.
4. Strong security: We will protect the data you entrust to us through compliance with robust security standards.
5. Strong legal protections: We will comply with your local privacy and data protection laws.
6. Benefits to you: When we do collect data, we will use it to benefit you and to create powerful commerce experiences for you.

Purpose

Bold Commerce provides services and develops software to help merchants sell better or more efficiently online through various platforms, such as Shopify. Bold Commerce has adopted this Privacy Statement (“Privacy Statement”) to guide you through the collection, use, retention, and disclosure of Personally Identifiable Information (“Personal Data”, as further described below) that you may provide while using Bold Commerce websites, apps, and services in connection with these platforms (collectively referred to as “Services”). A list of our apps is available on our website. Bold Commerce encourages you to read this Privacy Statement, as well as our Terms and Conditions of Use, in order to understand how we collect and process Personal Data in the course of providing the Services and your interaction with the Services.

By using the Services, you consent to the collection, use, retention, and disclosure of your Personal Data for processing as described in, and subject to the limitations set out in this Privacy Statement.

Data Protection Officer

Bold Commerce has designated a Data Protection Officer who is responsible for developing and managing our privacy program and monitoring compliance with applicable obligations and standards. The contact information of our Data Protection Officer is available below:

Title: Data Protection Officer
Email: [email protected]
Address: 1700 - 242 Hargrave Street, Winnipeg, Manitoba R3C 0V1

Note to Residents of the European Union and California:

In order to comply with the requirements of the European General Data Protection Regulation (GDPR) for our European users, and California Consumer Privacy Act (CCPA), this Privacy Statement outlines the legal basis on which we process your Personal Data (where Bold acts as a Controller under the GDPR) and provides other information required by the GDPR & CCPA. [This Privacy Statement does not apply where Bold acts as a Processor on behalf of merchants under the GDPR.]

Personal Data

Personal Data is any information that would identify a person directly, or indirectly in combination with data from other sources. For example, a full name, home or work address, phone number, national identification number (SSN, SIN, etc.), email address, banking details, IP address, biometric data, usage data, or any information that may individually identify a person.

Collection of Personal Data

Bold Commerce may collect Personal Data including without limitation your name, shipping and billing addresses, phone number, email address, payment information, IP address, and device identifiers and/or geolocation information, in the course of its Services, and may use or disclose that Personal Data as described in this Privacy Statement.

Anonymization

Bold Commerce may also create de-identified or anonymized data from Personal Data by excluding data components to render the data unable to personally identify you (such as your name, email address, etc.), through obfuscation, or through other means. In addition, Bold Commerce may collect and use aggregated, anonymous information to provide data about the Services to advertisers, potential business partners and other unaffiliated entities. To the extent that  this information cannot be linked to an identifiable individual , Bold Commerce’s use of such aggregated, anonymized and/or de-identified data is not subject to this Privacy Notice.

Collection of Personal Data

Examples of activities that may require the collection of your personal data normally  include;

• When you install a Bold Commerce App,
• If you make or return a purchase through a merchant who uses a Bold Commerce App,
• When you access and navigate a Bold Commerce website, or engage in communication and/or business transactions with Bold Commerce Professional Services, Managed Services, Client Success, or any other Bold Commerce entity,
• If you knowingly submit Personal Data through a Bold Commerce website for the purpose of registering for a service, a contest, or authentication.

During these instances, we may collect data such as, but not restricted to:

• Areas of the Services or Bold Commerce websites you visit,
• Transaction type(s) you engage in or request (and amounts thereof),
• Content you view,
• Your IP address,
• Data downloaded or submitted by you,
• Payment information provided by you,
• Shipping and billing information entered by you,
• The nature, quantity and price of the goods or services you exchange and the individuals or entities with whom you communicate or transact business using the Services.

In the event Bold Commerce requests Personal Data for scenarios independent of the above, such as marketing-related questions via questionnaires, surveys, and profile data, it will include a specific consent request. The consent request will include a clear purpose and goal for the collection of Personal Data, along with a means of withdrawing consent. In these scenarios, we may ask for data such as, but not limited to: your contact information (name, telephone numbers, email address, mailing address), date of birth, product and/or cosmetic concerns, which brands and products you use, user authentication and security information Withdrawal of Consent

If at any point you wish to withdraw your consent to the processing of your Personal Data , please contact Bold Commerce via the Contact & Questions area at the bottom of this Privacy Notice. Please note that certain Services may only be able to be offered or provided to you if you disclose the Personal Data necessary to facilitate those Services, and therefore Bold Commerce may not be able to provide you with certain Services in the event that you choose not to disclose that Personal Data to Bold Commerce.

Age of Consent

The Services offered by Bold Commerce are directed towards and designed for the use of persons above the age of majority in your province, state, or country. Persons under the age of majority are not permitted to use the Services on their own, and Bold Commerce will not approve applications of, or establish, or maintain accounts or memberships for, any persons below their respective region’s age of majority.

Bold Commerce does not solicit or knowingly collect Personal Data from persons below the age of consent for the processing of personal data of their region. If we discover we have received Personal Data of a person below the age of consent for the processing of personal data, we will delete such information from our systems. Additionally, if a parent or legal guardian believes that Personal Data regarding a minor in their care has been provided to Bold Commerce, they may request the minor’s information be corrected or deleted by contacting Bold Commerce Data Protection  Officer via the Contact & Questions area at the bottom of this Privacy Notice.

Anonymous Information

When you interact with a Bold Commerce Service, similar to most other websites, apps, and online services, certain anonymous technical information about your visit is automatically logged and collected by Bold Commerce. This may include information about the type of browser you use, operating system, the date and time you access the Service, the links you accessed while using the Service, and the internet address of the website, if any, which linked directly to the Bold Commerce Service. This information is used for system administration purposes such as diagnosing problems with Bold Commerce’s Services, servers and websites, compiling aggregated and statistical information, and to improve the operation and content of Bold Commerce’s websites and Services. It is not personally identifiable, and is not considered Personal Data and subject to this Privacy Notice.

Use of your Personal Data

Bold Commerce may use collected Personal Data for such purposes as:

• Helping to establish and verify the identity of users, and to keep user accounts secure,
• Opening, maintaining, administering and servicing users’ accounts or memberships,
• Providing Services and support to users,
• Improving Bold Commerce’s websites, including tailoring its websites to users’ preferences,
• Providing users with product or Service updates, promotional notices and offers, and other information about Bold Commerce and its affiliates,
• Corresponding with you, and responding to your questions, inquiries, comments, and instructions,
• Maintaining the security and integrity of Bold Commerce systems, and,
• Complying with applicable laws

Storage and Retention

Once collected, Bold Commerce will store and process your Personal Data in secure locations. Bold Commerce may transmit data outside of Canada for the purposes of processing and executing transactions related to the Services, or for the purpose of executing transactions on behalf of merchants that have installed and make use of Bold Commerce Apps in connection with their online stores. Where this transmission occurs, the security measures outlined in this Privacy Notice will continue to apply.

Personal Data will only be retained by Bold Commerce for the length of time required to fulfill the purpose or complete the transaction for which it was collected, or as may be required by law. Beyond that point, Personal Data in the possession or control of Bold Commerce will be anonymized or securely destroyed.

Legal Basis for Processing (where Bold acts as a Controller)

This section addresses the legal basis for processing your Personal Data (where Bold acts as a Controller) if you reside outside of Canada and in the European Economic Area (within Canada, you typically provide consent when you receive notice of this Privacy Notice in (or via) a website link or mobile app).

Lawful Basis for Processing

Data protection law in the European Union requires Controllers to have a “lawful basis” for collecting and retaining Personal Data from citizens or residents of the European Economic Area. Bold Commerce collects and processes your Personal Data for a variety of purposes outlined in this Privacy Notice. In certain cases, separate consent to this processing is not required, including:

• For the performance of a contract: To perform our contractual obligations to you, including account registration, fulfilling orders or purchases you have made (including processing of payment), contacting you in relation to any issues with your order, in relation to the provision of the Services, where Bold Commerce needs to provide your Personal Data to our service providers to provide the Services, or to aggregate and centralize data for the performance of the Services.
• To meet legal obligations: To comply with laws, regulations, court orders, or other legal obligations or to assist in an investigation.
• For legitimate interests: To operate Bold Commerce’s business and provide the Services, other than in performing our contractual obligations to you, except where overridden by the interests or fundamental rights and freedoms that require protection of Personal Data. For example, the following areas include processing permitted due to legitimate interests:
• Communication. To communicate with you regarding the Services, including to provide you important notices regarding changes to Bold Commerce’s Terms of Use, and also to address your requests, inquiries, and complaints. Bold Commerce may send strictly necessary communications, including emails, even if you have opted out of receiving other Bold Commerce emails or communications. These types of communications do not require consent. Bold Commerce also processes your Personal Data for our legitimate interests when you communicate with us, including (where permissible under local law) when you sign up for promotional materials and Bold Commerce has not asked you for your consent in that regard.
• Respond to Your Requests. To respond to your requests for technical support, online services, product information or to any other communication you initiate. This includes accessing your account to address technical support requests.
• Promotional Messages. Bold Commerce processes your non-sensitive Personal Data to provide you with promotional messages, including when you communicate with Bold Commerce or sign up for promotional materials, when you participate in special activities, offers, or programs, when we aggregate and centralize data, and when we share Personal Data with our service providers and vendors.
• Surveys. To send you surveys in connection with our Services, unless commercial in nature. In those cases, a survey request may be sent to you if you have given Bold Commerce your consent to receive marketing from us.
• Compliance with Law and Public Safety. To assist in the investigation of suspected illegal or wrongful activity, including sharing information with other entities for fraud, loss, and crime prevention purposes. To protect and defend Bold Commerce’s rights and property, or the rights or safety of third parties.
• Improvement and Development. To develop, provide, enhance, and improve Bold Commerce Services and your experience, including to enable you to use the full range of our Services. For internal purposes related to certain research, analytics, innovation, testing, monitoring, customer communication, risk management, and administrative purposes.
• Enforcing Terms and Notice. To enforce Bold Commerce’s Terms of Use or this Privacy Notice, or agreements with third parties.
• Merger or Acquisition (Note that certain country/region-specific disclosures may also apply, depending upon the jurisdiction in which you reside). To support a contemplated reorganization or an actual reorganization of Bold Commerce’s business, in connection with financing, a sale, or other transaction involving the disposal of all or part of our business or assets, including for the purpose of permitting the due diligence required to decide whether to proceed with a transaction.

Consent as a Basis for Processing

In some cases, Bold Commerce will ask for your consent to process your Personal Data. You may indicate your consent in a number of ways, including, as may be presented by Bold Commerce and permitted by law, ticking a box (or equivalent action) to indicate your consent when providing us with your Personal Data through our Services or a form, or registering or creating an account with us. Note that certain country/region-specific rules regarding consent may also apply, depending upon the jurisdiction in which you reside.

Security

Bold Commerce maintains reasonable physical, technical, and administrative security measures to minimize the risk of unauthorized loss, theft, copying, misuse, access, disclosure, alteration, or destruction of your Personal Data.

If transactions are offered as part of a Bold Commerce Service, transaction information is transmitted to and from Bold Commerce in encrypted form using industry-standard Secure Socket Layer (SSL) connections to help protect such information, including Personal Data transmitted in the course of these transactions, from interception.

Bold Commerce also restricts access to your Personal Information to only those persons who have a legitimate business need or legal requirement to view it in connection with the Services. You, as a Personal Data owner, may also authorize any persons you may choose to have access to your Personal Data.

Although Bold Commerce does utilize security measures appropriate to the level of risk, no method of data transfer or storage on the internet is 100% secure and security risks cannot be eliminated entirely. As such, Bold Commerce cannot guarantee perfect security, integrity, or confidentiality of Personal Data.

Bold Commerce maintains a security incident response protocol to be put in place in the event that the security of your Personal Data in the possession or control of Bold Commerce is compromised. In the event of a data breach or security incident involving the Services, Bold Commerce will apply this protocol to enable Bold Commerce to effectively and efficiently respond to, and contain, the breach or incident. Bold Commerce may also seek to notify you in such an event. If notification is appropriate or required, Bold Commerce may notify you by email, messaging to your device, or other reasonable means.

Disclosure of Personal Data

Bold Commerce does not provide Personal Data to unaffiliated third parties for their use in marketing directly to you. We may use unaffiliated companies, or trusted third party service providers, to help maintain and operate our Services for reasons related to our business operations and to better serve you, and those companies may receive your Personal Data for that purpose. For example, Bold may use third party payment processor services in connection with the Services and its websites, and the payment information that you provide to Bold Commerce may be disclosed to and used by these payment processors for the purposes of completing and executing transactions requested or initiated by you. When Bold Commerce shares Personal Data with third-party services that support our delivery of the Services, we require that they use your Personal Data only for the purposes we’ve authorized, and that they protect your Personal Data to at least the same standards used by Bold Commerce.

As part of agreements with merchants who have installed Bold Commerce Apps and the execution of transactions on behalf of merchants that make use of Bold Commerce Apps in connection with their online stores, we may disclose Personal Data which has been collected by us that is specific to that merchant’s store and your transactions in connection therewith.

Bold Commerce may also disclose Personal Data about you in connection with legal requirements, such as in response to an authorized subpoena, governmental request or investigation, or as otherwise permitted by applicable law (including, without limitation, to prevent fraud or abuse, or to protect Bold Commerce’s legal rights, property, or the safety of Bold Commerce, its employees, users or others).

Finally, as Bold Commerce’s business develops, it may sell or buy corporate assets, and in such transactions Personal Data may be one of the transferred business assets. If Bold Commerce, its internet businesses, or substantially all of its shares or assets, is acquired or an acquisition is contemplated, Personal Data may be one of the assets assessed or transferred in connection with that transaction.

If you believe your Personal Data has been disclosed other than as described in this Privacy Notice, please contact Bold Commerce via the Contact & Questions area at the bottom of this Privacy Notice.

Transfers of Your Personal Data to Other Countries

The Personal Data Bold Commerce processes, and associated Services and systems, may be housed on servers in various locations where Bold Commerce maintains servers or facilities, including Canada, the United States, and the EEA. Please be aware that Personal Data we collect may be processed and stored in one or more of these locations. The data protection and privacy laws in these locations may offer a different level of protection than in your country/region, however, as noted earlier in this Privacy Notice, Bold Commerce takes steps, including through contracts, intended to ensure that the Personal Data it collects continues to be protected wherever it is located in a manner consistent with the standards of protection required under applicable law.

Where Personal Data is transferred from the European Economic Area to a country that has not received an adequacy decision by the European Commission, Bold Commerce relies on appropriate safeguards, such as the European Commission-approved Standard Contractual Clauses, to transfer the Personal Data.

By using our Services and submitting your Personal Data, you agree to the transfer, storage, and/or processing of your Personal Data in the locations contemplated above. Where and as required, we will seek your explicit consent as outlined in this Privacy Notice.

“Cookies” and Advertisers

The Bold Commerce websites, or the third-party companies used to host, operate, or maintain these websites, may place a “cookie” on your computer in order to allow you to use these websites and to personalize your experience.

A “cookie” is a small piece of data, or an alphanumeric identifier, that can be sent by a web server to your computer or device, which then may be stored by your browser on your computer or device. Cookies allow Bold Commerce to recognize your computer or device while you are on our websites and help customize your online experience and make it more convenient for you. Cookies are also useful in allowing more efficient log-in for users, tracking transaction histories, and preserving information between browsing sessions. The information collected from cookies may also be used to improve website functionality.

The advertisers and/or other content providers that may appear on Bold Commerce websites may also use cookies that are not sent by Bold Commerce. Such ads or content may contain cookies that help track and target the interests of users of our websites in order to present “personalized” advertisements or other messages that the user might find interesting. Bold Commerce is not responsible for any such cookies.

Most web browsers have features that can notify you when you receive a cookie or prevent cookies from being sent. If you disable cookies, however, you may not be able to use certain personalized functions of Bold Commerce websites.

Rights with Respect to Personal Data

Bold Commerce is committed to ensuring you retain full access to and control of your Personal Data. To that end, we endeavor to respect your right to be informed regarding the collection, use and disclosure of Personal Data, and your individual rights , via this Privacy Notice.

If you would like to access, correct, remove, request a copy of, withdraw consent to collection of your Personal Data, or are looking for any additional information on how your Personal Data may be collected, used or disclosed by Bold Commerce, please contact Bold Commerce via the Contact & Questions area at the bottom of this Privacy Notice. Subject to certain exceptions and limitations that may be prescribed by applicable law, you will be provided with reasonable access to your Personal Data, and will be entitled to have it amended or corrected as appropriate.

In certain circumstances, you may have the right to have your Personal Data, or certain components of your Personal Data, erased by Bold Commerce, to have your Personal Data moved, copy or transmitted from Bold Commerce’s systems to other systems, or to object to or restrict certain processing of your Personal Data by Bold Commerce. In the event that you wish to inquire about, or seek to exercise any of these rights (as they may be applicable), please contact Bold Commerce.

European Economic Area and the United Kingdom

Subject to applicable law, if you are a citizen or resident of the European Economic Area or the United Kingdom you have certain statutory rights in relation to your Personal Data. Subject to any exemptions provided by law, you may have the right to request access to Personal Data, as well as to seek to update, delete or correct this Personal Data. You can usually do this by contacting Bold Commerce in accordance with the Contact & Questions area at the bottom of this Privacy Notice.

To the extent that Bold’s processing of your Personal Data is subject to the General Data Protection Regulation, or the UK General Data Protection Regulation (UK-GDPR) and Bold acts as a Controller, Bold relies on its legitimate interests, described above, to process your data. Bold may also process other information that constitutes your Personal Data for direct marketing purposes, and you have a right to object to Bold’s use of your Personal Data for this purpose at any time.

If you are a customer of a merchant who uses Bold’s Apps and wish to exercise these rights, please contact the merchants you interacted with directly – we serve as a Processor on their behalf, and can only forward your request to them to allow them to respond.

If you are unhappy with the response that you receive from us, we hope that you would contact us to resolve the issue but you also have the right to lodge a complaint with the relevant data protection authority in your jurisdiction at any time. Please visit here for more information including our data protection addendum.

California Privacy Rights

This section provides additional details about California consumers and the rights afforded to them under the California Consumer Privacy Act or (“CCPA”). If you need to access this notice in an alternative format, please contact us using  the methods described in Contact & Questions section below.

Under CCPA “Personal Information” is defined as anything that identifies, relates to, describes or is capable of being associated with or could reasonably be linked, directly or indirectly, with a particular California consumer or household. For more details about the Personal Information we have collected over the last 12 months, including the categories of sources, please see the Personal Data and Consent and Collection of Personal Data section above. We collect this information for the business and commercial purposes described in the Personal Data Use section above. We share this information with the categories of third parties described there. Bold does not sell (as such term is defined in the CCPA) the personal information we collect (and will not sell it without providing a right to opt out). Please note that we may use third-party cookies for our advertising purposes as further described in our Cookies and Advertising section above.

The CCPA requires opt-in consent to information use for minors under the age of 16 and verified parental consent for children under the age of 13. We do not knowingly collect or process the information of children.

Subject to certain limitations, the CCPA provides California consumers the right to request, free of charge, to know more details about the categories or specific pieces of personal information we collect (including how we use and disclose this information), to delete their personal information, to opt out of any “sales” that may be occurring, and to not be discriminated against for exercising these rights.

California consumers may make a request pursuant to their rights under the CCPA by contacting us at [email protected]. We will verify your request using the information associated with your account, including email address. Government identification may be required. Consumers can also designate an authorized agent to exercise these rights on their behalf.

Employees, Contractos, Job Applicants or Former Employees

Applying to work at Bold: If you apply to work at Bold, we process personal information about you and your professional experience, education and training such as your application, your name (and any former names), postal address, email address, phone number, universities attended, academic degrees obtained, grades, professional certifications and licenses, employment history, and curriculum vitae or resume.

Offer of employment or contractor position: Prior to making an offer of employment or a contractor position, we process personal information to conduct professional reference checks in accordance with applicable laws. If we extend an offer of employment or a contractor position at Bold to you, we will process personal information about the position to which you have been appointed, your job title at Bold, the compensation or project-based contractor rate we offer to you, whether you accept the offer, your signature, and your starting compensation or project-based contractor rate, and your start date at Bold.

Employment-Related Background checks: Prior to commencement of your employment with us, we engage service providers to conduct background checks that involve the necessary personal information processing as permitted by the laws in the location in which you reside and/or work. More details are provided to you in the context of our request to you to complete these checks.

As an employee or contractor of Bold: we may process personal information about your benefits, nationality, residency status, email address, office or other workplace location including remote work arrangements, work phone number, mobile phone number, photographs, passport, visas, marital status, beneficiaries and /or dependents and their associated data related to benefits such as date of birth or relationship status, emergency contact details, financial account information, social security number or other government-issued identification number, holiday and paid time off days which may include the reasons for the time off, salary, incentive compensation, Bold stock options granted, Bold stock ownership, assigned projects, feedback and opinions, performance against your assigned goals, training completed, any performance improvement plans, any disciplinary actions taken, system accounts, technology and physical assets provided to you, your role and actions taken in connection with Bold projects and processes. This will include information voluntarily provided by you, such as would be shared in a typical work environment.

Communications and Devices: You may participate in communication processes, which may be recorded, such as video conferences, phone calls, or written correspondence, or video/audio presentations for public release (webinars, podcasts, etc.) and such may be performed from your personal device. Bold may inadvertently collect information from your surroundings or device. You should take this into account if using a personal device for work purposes. We may also request or require security software to be installed.

If your employment with Bold ends, we process personal information necessary to offboard you from Bold, including deactivation of your access to our systems, fulfilling our financial, benefits, and related obligations with respect to the end of your employment with Bold.

In certain countries, supplemental Privacy Statements will be provided to Bold employees and contractors, and where applicable, consent will be obtained, to ensure compliance with local requirements.

External Links

Bold Commerce Services may contain links to other websites, apps, or services, including those of advertisers or third-party content providers who offer downloads as part of a Bold Commerce Service. Bold Commerce is not responsible for the privacy practices or the content of other websites, apps, or services. We encourage you to read the Privacy Policies published by such third parties before divulging your Personal Data to them.

Changes to this Privacy Statement

Bold Commerce reserves the right to modify or supplement this Privacy Statement in its discretion, at any time. If a material change to the terms of this Privacy Statement is made, we will post a notice to our Blog and a link to the new or amended Privacy Statement. The collection, use and disclosure of your Personal Data by Bold Commerce will be governed by the version of this Privacy Statement in effect at that time. Your continued use of Bold Commerce’s websites and/or Services subsequent to any changes to this Privacy Statement will indicate your consent to the collection, use and disclosure of your Personal Data in accordance with the amended Privacy Statement.

Contact & Questions

If you have any questions or comments regarding this Privacy Notice or any aspects of Bold Commerce Services, please contact Bold Commerce at [email protected].

VeraSafe has been appointed as the European Union representative for Bold Commerce related to data protection matters, pursuant to Article 27 of the General Data Protection Regulation of the European Union. On matters related to the processing of personal data, VeraSafe can be contacted in addition to the Bold Commerce Data Protection  Officer at [email protected]. To make such an inquiry, please contact VeraSafe using this contact form: https://www.verasafe.com/privacy-services/contact-article-27-representative

Alternatively, VeraSafe can be contacted at:

VeraSafe Czech Republic s.r.o

Klimentská 46
Prague 1, 11002
Czech Republic

VeraSafe Ireland Lt

Unit 3D North Point House
North Point Business Park
New Mallow Road
Cork T23AT2P
Ireland

VeraSafe Netherlands BV

Keizersgracht 555
1017 DR Amsterdam
Netherlands