Privacy Policy
Last Updated - March 11, 2020
Shopalyst helps brands deliver a curated shopping experience to each
shopper and guide, measure and influence shoppers in their digital path
to purchase, via the Shopalyst website and domain name offered from time
to time (collectively, the "Website"), the Shopalyst SDK/API (the
"SDK/API"), and the Shopalyst mobile application offered from time to
time, if any (the "Application" and together with the Website and the
SDK/API, the "Shopalyst Service"). The Shopalyst Service is owned and
operated by Shopalyst Inc., a Delaware corporation ("Shopalyst", "we" or
"us").
Your use of the Shopalyst Service is subject to the terms and conditions
set forth in this Privacy Policy (the "Privacy Policy").
PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY ACCESSING OR USING THE
SHOPALYST SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND
AGREE TO BE BOUND TO ALL THE TERMS OF THIS PRIVACY POLICY AND OUR
TERMS OF SERVICE. IF YOU DO NOT AGREE TO SUCH TERMS, EXIT THIS PAGE
AND DO NOT ACCESS OR USE THE SHOPALYST SERVICE.
We are committed to respect and protect the privacy of both Customers
and Customer End Users and the information we may obtain through the
Shopalyst Service, and we have created this Privacy Policy to inform all
Users about how we collect, use and share information of Customers and
Customer End Users, and about our privacy practices in general. Customer
refers to those persons or entities that have contracted with Shopalyst
to use the Shopalyst Service with Customer End Users. Customer End Users
refers to those clients, customers, and/or end users of the applicable
Customer.
We continually strive to find new ways to enhance your experience with
the Shopalyst Service and we may modify this Privacy Policy from time to
time to reflect changes in our privacy practices. You are encouraged to
review this Privacy Policy periodically and to check the "Last Updated"
date at the top of the Privacy Policy for the most recent version. If we
make changes to this Privacy Policy, we will notify you here, by email,
or by means of notice through the Website, the Application, or any other
part of the Shopalyst Service.
1.Terms of Service. Use of the Shopalyst Service is subject to
the terms of our Privacy Policy.
2.Types and Uses of Collected Information. Shopalyst collects two
types of information about you:
a.Personal Data. Personal Data is information that identifies a
specific person. When you engage in certain activities via the Shopalyst
Service, including but not limited to creating an account, sending
feedback, or otherwise participating in the Shopalyst Service
(collectively, "Identification Activities"), we may ask you to provide
certain information about yourself. If you elect to engage in an
Identification Activity, however, we may ask you to provide us with
certain personal information about yourself, such as your name, address
(including zip code), email address and/or telephone number. When you
enroll in the Shopalyst Service, we may also ask you to provide us with
additional information, such as credit card information. Depending on
the Identification Activity, some of the information we ask you to
provide may be identified as mandatory and some identified as voluntary.
If you do not provide mandatory information for a particular
Identification Activity, you will not be permitted to engage in that
Identification Activity with the Shopalyst Service. Depending on the
Identification Activity, we may not re-ask you for Personal Data if such
is already stored with us.
We may receive information about you from our partner sites where you
use the Shopalyst Service, or third parties. For example, if you access
the Shopalyst Service through a third-party connection or log-in, for
example, through Facebook Connect, by "following," "liking," adding the
Company application, linking your account to the Shopalyst Service,
etc., that third party may pass certain information about your use of
its service to Company. This information could include, but is not
limited to, the user ID associated with your account (for example, your
Facebook UID), an access token necessary to access that service, any
information that you have permitted the third party to share with us,
and any information you have made public in connection with that
service. If you allow us access to your friends list, your friends user
IDs, and your connection to those friends, may be used and stored to
make your experience more social, and to allow you to invite your
friends to use the Shopalyst Service as well as provide you with updates
if and when your friends join, if applicable. We encourage you to review
and adjust your privacy settings on third-party websites and services
before linking or connecting them to the Shopalyst Service. You may also
unlink your third-party account from the Shopalyst Service by adjusting
your settings on the applicable third-party service. If you unlink your
third-party account, we will remove the information collected about you
in connection with that service.
We may use Personal Data to provide
products and/or services to you, administer sweepstakes and contests,
enhance the operation of the Shopalyst Service, improve our marketing
and promotional efforts, analyze use of the Shopalyst Service, improve
the Shopalyst Service, and tailor your experience with third parties as
provided below in this Privacy Policy. We may also use Personal Data to
troubleshoot, resolve disputes, accomplish administrative tasks, contact
you, enforce our agreements with you, including our Terms of Service and
this Privacy Policy, comply with applicable law, and cooperate with law
enforcement activities.
When you browse the websites or view the
advertising of certain third parties with whom we have partnered, we
(and our partners) use cookies scripts, pixel tags, etags, web beacons
and similar technologies (collectively referred to as cookies) to
collect information automatically from your device (such as your PC,
tablet or other mobile device). These cookies are then used to display
the most appropriate and relevant advertising to you on third party
websites and apps (including social media platforms) or to limit the
number of times you see an advertisement. They stay on your computer
unless you delete them and they remember that you have visited a
website. We may also allow third parties with whom we have partnered to
set cookies on the Shopalyst Service which enable that third party to
analyse your visit to the Shopalyst Service and collect certain
information regarding purchases of their products through our website.
The types of information collected by such cookies may include: shopping
cart information, what product pages have been viewed, and whether a
product has been purchased.
b.Non-Personal Data. Non-Personal Data is information that does
not identify a specific person. This type of information may include
things like the Uniform Resource Locator ("URL") of the website you
visited before coming to the Shopalyst Service or otherwise
participating in the Shopalyst Service, the URL of the website you visit
after leaving the Shopalyst Service, the type of browser you are using,
mobile carrier information, mobile device information, or general and/or
aggregated location data that does constitute Personally Identifiable
Information. We use Non-Personal Data to troubleshoot, provide, and
administer the Shopalyst Service, analyze trends, gather demographic
information, comply with applicable law, and cooperate with law
enforcement activities. We may also share this information with our
authorized Third Party Service Providers to measure the overall
effectiveness of our products and services.
3.Sharing of Personal Data. We will not sell or share your
Personal Data with other parties except as provided below:
a. Authorized Third Party Service Providers. We may provide
products and services through third parties. These "Third Party Service
Providers" perform functions on our or your behalf. You or We may share
your Personal Data with such Third Party Service Providers to fulfill
orders, analyze data (including IP Addresses), operate the Shopalyst
Service, troubleshoot, and provide customer service. We may also provide
Personal Data to individuals and companies with whom we have business
relationships and may share your information with Third Party Service
Providers to accomplish our administrative tasks. However, the use of
your Personal Data by such parties is governed by the privacy policies
of such parties and is not subject to our control.
b. Remarketing is a way for us to connect with people, based upon
your past interactions with the Shopalyst Service. Third-party marketing
vendors may be hired by Shopalyst to perform remarketing services. As a
result, third-party vendors, may show Shopalyst ads on sites on the
Internet. Third-party vendors may use cookies to serve ads based on a
user's prior visits to the Shopalyst Service.
c. Acquisition. As with any other company, we could merge with,
or be acquired by another company. If this occurs, the successor company
would acquire the information we maintain, including Personal Data.
However, Personal Data would remain subject to this Privacy Policy
d.As required by law. We reserve the right to disclose your
Personal Data as required by law and when we believe that disclosure is
necessary to protect our rights and/or comply with a judicial
proceeding, court order, or legal process served on us, enforce or apply
this Privacy Policy, Terms of Service or other agreements or protect the
rights, property or safety of the Shopalyst Service, users of the
Shopalyst Service or others.
4.Customer End Users. As part of the provision of the Shopalyst
Service to Customers, Shopalyst collects certain information and data
about Customer End Users as determined by the applicable Customer
(Customer End User Data). Shopalyst does not control or otherwise
approve any messages or requests for Customer End User Data made by a
Customer to a Customer End User. Customer End Users should be aware that
a Customer can request such Customer End User Data from them in order to
use the Customer™s products or services and that Customer End User Data
may then be included in information given to Shopalyst or through your
use of the Shopalyst Service. Therefore, Customer End Users should
review the privacy policy of a Customer™s applicable product or service
to assess the security of any information a Customer End User discloses.
To the extent that Shopalyst receives any Customer End User Data,
Shopalyst shall make reasonable efforts, consistent with the terms of
this Privacy Policy, to maintain the confidentiality of such Customer
End User Data. Shopalyst has no direct relationship to the Customer End
Users whose Customer End User Data it processes and such Customer End
User who seeks access, or who seeks to correct, amend, or delete
inaccurate Customer End User Data should direct such query to the
applicable Customer for removal. In the event such Customer requests
removal of such applicable Customer End User Data from Shopalyst, if
applicable, Shopalyst will respond to such request within one month;
provided that (i) such period may be extended by up to two additional
months when necessary, taking into account the complexity and number of
the requests and (ii) Shopalyst shall inform you of any such extension
within one month of receipt of the request, together with the reasons
for the delay.
5.Customer End User Data. Shopalyst will not review, share,
distribute, or reference any such Customer End User Data except as
provided in Shopalyst™s applicable agreement with Customer, or as may be
required by law. Shopalyst acknowledges that Customer End Users have the
right to access their personal information. If Personal Data pertaining
to a Customer End User has been submitted to us by a Customer and a
Customer End User wishes to exercise any rights it may have to access,
correct, amend, or delete such data, Customer End User should inquire
with the Customer directly. Because Shopalyst personnel have limited
ability to access data our Customers may submit to the Shopalyst
Service, if a Customer End User wishes to make a request directly to
Shopalyst, please provide the name of the Customer who submitted your
data to the Shopalyst Service. We will refer your request to such
Customer and will support them as needed in responding to your request.
6.Data Controller and Data Processor; Data Protection Officer. We
process personal data both as a Processor and as a Controller, each as
defined in the EU Directive 95/46/EC of the European Parliament and of
the Council of 24 October 1995 (the Directive) and the General Data
Protection Regulation (GDPR). The Customer which Customer End Users
provided Personal Data to, with the assistance of the Shopalyst Service,
will be the Controller for Customer End User Data. We will be the
Processor of Customer End User Data. For Customer Personal Data, we will
be the Controller.
Shopalyst has a Data Protection Officer (as defined in the Directive and
GDPR) who is responsible for matters relating to privacy and data
protection. Our Data Protection Officer can be reached as follows:
Shopalyst Inc.
Attn: Data Protection
Officer 38350 FREMONT BLVD, SUITE 203
FREMONT, CA 94536 USA
Email: Privacy@shopalyst.com
For Customers and Customer End Users located in the European Data Region
in the European Economic Area (EEA), all processing of Personal Data is
performed in accordance with privacy rights and regulations following
the Directive, and the implementations of the Directive in local
legislation. From May 25th, 2018, the processing will take place in
accordance with the GDPR. All data collected by Shopalyst through the
Shopalyst Service will be stored exclusively in secure hosting
facilities provided by Amazon Web Services.
7..Sharing of Non-Personal Data. We may disclose or share
Non-Personal Data with Third Party Service Providers, other third party
partners including but not restricted to Diageo PLC and the general
public. For example, we may share aggregated demographic information or
basket information (which does not include any Personal Data) or use
Third Party Service Providers to track and analyze Non-Personal Data
usage and volume statistical information from our users to administer
the Shopalyst Service and for the purposes of insights and marketing .
We may also publish this aggregated information for promotional
purposes. Such data is collected on our behalf, and is owned and used by
us.
We may use Third Party Service Providers to serve ads when you
participate in the Shopalyst Service. These companies may use
Non-Personal Data about your visits and use of the Shopalyst Service,
and visits to other websites or locations in order to provide, through
the use of network tags, advertisements about goods and services that
may be of interest to you.
8.Updating Information. If you are enrolled in the Shopalyst
Service, you may change any of your Personal Data by logging into your
account and accessing the "User Profile Page" section of
http://www.shortlyst.com/. We encourage you to promptly update your
Personal Data if it changes, as out-of-date Personal Data may negatively
affect the quality of your Shopalyst Service experience.
9.Choices on Collection/Use of Information. You can always choose
not to provide certain information, although a certain level of
information is required to engage and participate in the Shopalyst
Service. You cannot opt-out of Administrative Emails. "Administrative
Emails" relate to your activity on the Shopalyst Service, and include
but are not limited to emails regarding your account, requests or
inquiries, and purchases of products and services. If you do not want to
receive promotional emails from us, you may elect to opt-out of
receiving promotional emails at any time after registering by e-mailing
us at Privacy@shopalyst.com or by hitting the "unsubscribe" button at
the bottom of any of our e-mails.
10.Security of Information. We offer you multi-factor
verification when you access your Personal Data, you can access your
Personal Data via the Shopalyst Service with your password and username.
This password is encrypted. We advise against sharing your password with
anyone. If you access your account via a third-party site or service,
you may have additional or different sign-in protections via that
third-party site or service. You need to prevent unauthorized access to
your account and Personal Data by selecting and protecting your password
and/or other sign-in mechanism appropriately and limiting access to your
computer, browser, or mobile device by signing off after you have
finished accessing your account. Unauthorized entry or use, hardware or
software failure, and other factors, may compromise the security of user
information at any time. In the event that we believe that the security
of your information may have been compromised, we may seek to notify you
of that development. In addition, your Personal Data resides on a secure
server that only selected personnel and contractors have access to. We
may encrypt certain sensitive information using Secure Socket Layer
(SSL) technology to ensure that your Personal Data is safe as it is
transmitted to us. However, no data transmission can be guaranteed to be
100% secure. As a result, while we employ commercially reasonable
security measures to protect data and seek to partner with companies
that do the same, we cannot guarantee the security of any information
transmitted to or from or via the Shopalyst Service, and we are not
responsible for the actions of any third parties that may receive any
such information. In the event that any information under our control is
compromised as a result of a breach of security, we will take reasonable
steps to investigate the situation and where appropriate, notify users
whose information may have been compromised and take other steps, in
accordance with any applicable laws and regulations.
We restrict access
to Personal Data to our employees, contractors and agents who need to
know that information in order to process it for us, and who are subject
to strict contractual confidentiality obligations and may be disciplined
or terminated if they fail to meet these obligations.
11.Data Tracking.a.Cookies. To facilitate and customize
your experience with the Shopalyst Service, we may store cookies on your
computer or other similar device through which you access the Shopalyst
Service. A cookie is a small text file that is stored on your computer
or other device for record-keeping purposes that contains information
about you. We use cookies to save you time while using the Shopalyst
Service, remind us who you are, and track and target your interests in
order to provide a customized experience. Cookies also allow us to
collect Non-Personal Data from you, like which pages you visited, what
links you clicked on, and how you used the Shopalyst Service. We may use
Third Party Service Providers to display advertisements on the Shopalyst
Service. As part of their service, they may place separate cookies on
your computer or similar device. We have no access to or control over
these cookies. This Privacy Policy covers the use of cookies by the
Shopalyst Service only and does not cover the use of cookies by any
Third Party Service Provider. Most browsers automatically accept
cookies, however you may be able to modify your browser settings to
decline cookies. Please note that if you decline or delete these
cookies, some parts of the Shopalyst Service may not work properly.
b.
Tracking Devices. We may use other industry standard technologies like
pixel tags and web beacons to track your use of the Shopalyst Service,
or we may allow our Third Party Service Providers to use these devices
on our behalf. When you access the Shopalyst Service or open or click an
email, pixel tags and web beacons generate a Non-Personally Identifiable
notice of that action. Pixel tags allow us to measure and improve our
understanding of visitor traffic and behaviour on the Shopalyst Service,
as well as give us a way to measure our promotions and performance. We
may also utilize pixel tags and web beacons provided by Diageo PLC also
for the same purposes. We urge you to review Diageo PLC’s porivacy
policy
here. c. How to Opt-Out of Third Party Tracking Technologies. Our
advertising service vendors and other third parties may also use
tracking technologies to serve you advertisements tailored to interests
you have shown by browsing on the Shopalyst Website and other sites,
applications, destinations, and services you have visited, and to
determine whether you have seen a particular advertisement before to
avoid sending you duplicate advertisements, and for other lawful
business purposes. In doing so, these third parties may collect
non-personally identifiable data including for example the make, model,
settings, specifications (e.g., CPU speed, connection speed, browser
type, operating system, device identifier) and geographic location of
your computer, mobile or other device, as well as date/time stamp, IP
address, pages visited, time of visits, content viewed, ads viewed, the
site(s), application(s), destination(s), and/or service(s) you arrived
from, and other clickstream data. The use of tracking technologies by
third parties is subject to their own privacy policies, not this Privacy
Policy, and we have no responsibility or liability in connection
therewith. If you do not want the services that tracking technologies
provide, you may be able to opt-out by visiting
http://www.aboutads.info.
12.Privacy Policies of Third Party Websites. This Privacy Policy
only addresses the use and disclosure of information we collect from you
via the Shopalyst Service. Other websites or services that may be
accessible through the Shopalyst Service may have their own privacy
policies and data collection, use and disclosure practices. If you use,
link or visit any such website, we urge you review the website's privacy
policy. We are not responsible for the policies or practices of third
parties.
13.Notice of Privacy Rights to California Residents. California
law requires that we provide you with a summary of your privacy rights
under the California Online Privacy Protection Act ("COPPA") and the
California Business and Professions Code. As required by COPPA, we will
provide you with the categories of Personally Identifiable Information
that we collect through the Shopalyst Service and the categories of
third party persons or entities with whom such Personally Identifiable
Information may be shared for direct marketing purposes at your request.
California law requires us to inform you, at your request, (1) the
categories of Personally Identifiable Information we collect and what
third parties we share that information with; (2) the names and
addresses of those third parties; and (3) examples of the products
marketed by those companies. COPPA further requires us to allow you to
control who you do not want us to share that information with. To obtain
this information, please send a request by email or physical mail to the
address found below. When contacting us, please indicate your name,
address, email address, and what Personally Identifiable Information you
do not want us to share with our marketing partners. The request should
be sent to the attention of our legal department, and labeled
"California Customer Choice Notice." Please allow 30 days for a
response. Also, please note that there is no charge for controlling the
sharing of your Personally Identifiable Information or requesting this
notice.
14.Children. The Shopalyst Service is not intended for children
under 13 years of age. No one under age 13 may provide any information
to or on the Shopalyst Service. We do not knowingly collect personal
information from children under 13. If you are under 13, do not use or
provide any information on the Shopalyst Service or through any of its
features or downloadable material, register on the Shopalyst Service,
make any purchases through the Shopalyst Service, use any of features of
this Shopalyst Service, or provide any information about yourself to us,
including your name, address, telephone number, email address, or any
screen name or user name you may use. If we learn we have collected or
received personal information from a child under 13 without verification
of parental consent, we will delete that information. If you believe we
might have any information from or about a child under 13, please
contact us at privacy@shopalyst.com.
15.Customer Service. For assistance or questions regarding this
Privacy Policy or the Shopalyst Service, you may contact us via the
email address Privacy@shopalyst.com or by writing to us - SHOPALYST INC.
38350 FREMONT BLVD, SUITE 203 FREMONT, CA 94536 USA