Published Date: May 28th, 2018
Protecting your privacy is important to Bold Innovation Group LTD. (“Bold Commerce”)
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 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 listing of the Bold Commerce websites and domains is available here. 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.
Note to Residents of the European Union: In order to comply with the requirements of the European General Data Protection Regulation (GDPR) for our European users, this Privacy Statement outlines the legal basis on which we process your Personal Data and provides other information required by the GDPR.
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.
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 with this Privacy Statement.
Bold Commerce may also create de-identified or anonymized data from Personal Data by excluding data components (such as your name, email address, etc.) that makes the data able to personally identify you, 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. As this information does not identify a person, and is therefore not Personal Data, Bold Commerce’s use of such aggregated, anonymized and/or de-identified data is not subject to this Privacy Statement.
Consent and Collection of Personal Data
If you use a Bold Commerce website, or conduct a transaction through a Bold Commerce Service where Personal Data is essential, your consent is implied to collect and use your Personal Data to facilitate that use or complete that transaction requested or initiated by you only. Examples of instances in which Personal Data may be collected by Bold Commerce are, but are not limited to:
- 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, Merchant 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, as well as 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 (e.g. username and password).
If at any point you wish to withdraw consent to Personal Data collection, please contact the Bold Commerce Privacy Officer via the Contact & Questions area at the bottom of this Privacy Statement. 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 majority of their region. If we discover we have received Personal Data of a person below the age of majority, 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 the Bold Commerce Privacy Officer via the Contact & Questions area at the bottom of this Privacy Statement.
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 Statement.
Personal Data Use
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.
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 Statement 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
This section addresses the legal basis for processing your Personal Data 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 Statement in a website link or mobile app).
Lawful Basis for Processing
Data protection law in the European Union requires 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 Statement. 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:
- 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.
- 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.
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 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.
A list of Data Processors engaged by Bold Commerce who may receive Personal Data is available here. New processors will be added to this list 30 days prior to being integrated into our Services. If you are subject to the GDPR and have objections to a Data Processor addition please contact the Bold Commerce Privacy Officer via the Contact & Questions area at the bottom of this Privacy Statement. Objections to Data Processors may impact the Services which can be offered or provided to you by Bold Commerce.
If you believe your Personal Data has been disclosed other than as described in this Privacy Statement, please contact the Bold Commerce Privacy Officer via the Contact & Questions area at the bottom of this Privacy Statement.
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 EU. 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 Statement, 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 for example the European Commission-approved Standard Contractual Clauses and EU-U.S. Privacy Shield Frameworks, 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 Statement.
“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.
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 right of correction and access to it, via this Privacy Statement.
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 the Bold Commerce Privacy Officer via the Contact & Questions area at the bottom of this Privacy Statement. 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’s Privacy Officer.
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 statements 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 Statement or any aspects of Bold Commerce Services, please contact the Bold Commerce Privacy Officer at firstname.lastname@example.org.
Subject to applicable law, if you are a citizen or resident of the European Economic Area, you also have the right to (i) object to Bold Commerce’s use of your Personal Data and (ii) lodge a complaint with your local data protection authority.
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 Privacy Officer at email@example.com. 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:
Matthew Joseph\ Zahradníčkova\ 1220/20A\ Prague 15000\ Czech Republic
VeraSafe Ireland Ltd\ Unit 3D North Point House\ North Point Business Park\ New Mallow Road\ Cork T23AT2P\ Ireland
VeraSafe Netherlands BV\ Keizersgracht 391 A\ 1016 EJ Amsterdam\ The Netherlands