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CreatorCart Privacy Notice

Effective: December 15, 2022

Please read this Privacy Notice carefully. It provides important information about how CreatorCart Co. (“CreatorCart”, “we”, “our” or “us”) collects, uses, shares, and otherwise processes personal information and tells you about your rights under applicable privacy laws. If you have any questions, comments, or concerns regarding this Privacy Notice and/or our data practices, please contact us.

If you're a resident of California or Nevada or visiting us from the European Economic Area ("EEA"), Switzerland, or United Kingdom (“UK”), you should read the applicable sections below for residents of California and Nevada and visitors from the UK, Switzerland and EEA.

BY ACCESSING OR USING ANY OF OUR SERVICES (AS DEFINED BELOW) OR SUBMITTING INFORMATION IN CONNECTION WITH YOUR USE OF ANY OF OUR SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THIS PRIVACY NOTICE.

From time to time, we may update this Privacy Notice as described in the Changes to this Privacy Notice section below. TABLE OF CONTENTS

  • Introduction

  • Important Note To Customers Regarding Information Controlled by Brands and Creators

  • Changes to this Privacy Notice

  • Information We Collect

  • Sensitive Personal Information

  • Our Purposes for Collecting and Using Personal Information and Legal Basis

  • Sharing Personal Information

  • Third-Party Payment Processors

  • Marketing Communications

  • Your Choices

  • Third Party Social Media Plug-Ins

  • Third-Party Links and External Websites

  • “Do Not Track” Preferences

  • Children’s Data

  • Data Retention

  • Data Security and Protection

  • California “Shine the Light” Disclosure

  • Nevada Privacy Rights

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    19. International Transfers
    20. Additional European and International Data Rights 21. How to Contact Us

    1. INTRODUCTION

    This Privacy Notice covers personal information that we collect, use, share, and otherwise process when you (a) access or use the website located at www.creatorcart.com (the “Site”), (b) access or use CreatorCart’s proprietary online software platform that leverages SMS text capabilities (the “CreatorCart Platform”), and/or (c) communicate with CreatorCart through any written, electronic, or oral communications, including by email, phone, or text message.

    When we refer to the “Services” throughout this Privacy Notice, we mean the Site, CreatorCart Platform, and any other products, websites, services, and/or applications provided by us and that include a link and/or reference to this Privacy Notice, and any related services and/or new features and/or functionality provided by us through or in connection with any of the foregoing.

    This Privacy Notice applies to:

    and/or Brands acting as an employee, contractor, and/or agent.

    For purposes of this Privacy Notice, we use the term “Users” to refer to Creators, Brands, Customers, Authorized Users and Visitors collectively.

    2. IMPORTANT NOTE TO CUSTOMERS REGARDING INFORMATION CONTROLLED BY BRANDS AND CREATORS

    If you are a Customer accessing or using the CreatorCart Platform, such as to browse or make a purchase through a particular Creator’s or Brand’s Cart, please be aware that CreatorCart collects and/or processes personal information on behalf of the Creator(s) and/or Brand(s) with whom you interact as the “data processor” for the Creator(s) and/or Brand(s). We only use this information at the direction of the Creator(s) and Brand(s). The Creator(s) and/or Brand(s) determine their own policies for handling personal information. Please review any privacy notice provided by the Creator(s) and/or Brand(s) with whom you interact. If you have inquiries regarding how Creator(s) and/or Brand(s) process your personal information or if you wish to submit a data rights request, as applicable under relevant data protection law, please contact the Creator(s) and/or Brand(s) with whom you interact.

    3. CHANGES TO THIS PRIVACY NOTICE

    CreatorCart reserves the right to update or modify this Privacy Notice at any time. When we update this Privacy Notice, we will revise the “Effective Date” at the top of this Privacy Notice and post a link to the updated Privacy Notice on our Site. Changes to this Privacy Notice are effective when they are posted. If we make any material changes, we will provide you with notice as required under applicable law. Please review this Privacy Notice periodically to ensure you are aware of any such changes.

    Creators who are social media influencer-creators who access and/or use the CreatorCart Services to communicate with Customers and promote and sell products on behalf of Brands;

    Brands who access and/or use the CreatorCart Services to provide their Carts and sell their products to Customers;

    Customers who communicate with Creators and shop at a Creator’s and/or Brand’s online mini-shop or store powered and hosted by CreatorCart (a “Cart”); and

    Visitors to the CreatorCart Site.
    We use the term “Authorized User” to refer an individual who accesses and/or uses the Services on behalf of Creators

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    If you do not agree to any updates or modifications to the Privacy Notice, you may stop accessing and using the Services. Your continued use of the Services after the applicable effective date of the revised Privacy Notice signifies to us that you acknowledge and agree to be bound by the revised Privacy Notice.

    4. INFORMATION WE COLLECT

    How and what personal information we collect in connection with the use of the Services depends on how and why you use the Services. For instance, the information that you provide when you visit and/or browse the Site will be different from the information collected when you access or use the CreatorCart Platform.

    The term “personal information” or “personal data” means any information about an individual from which that person may be identified. For example, it may include a person’s name, telephone number, or email address. It does not include anonymous and aggregated data.

    If you provide personal information to us about someone else, you must ensure that you are entitled to disclose that information to us without us having to take any further steps required by data protection laws and that we may collect, use and disclose such information for the purposes described in this Privacy Notice. For example, you should ensure the individual concerned is aware of the terms detailed in this Privacy Notice and that they have not objected or do not object to you sharing their information with us.

    a. Information Collected About Customers

    Information Customers Provide Directly

    If you are a Customer, CreatorCart collects the following types of information directly from you:

    Information Collected Automatically from Customers

    We collect information about Customers automatically as described in the Information Collected Automatically section below.

    Customer Information Collected from Third Parties

    We collect, receive or otherwise access information about Customers from certain third parties. This may include:

    Contact Information: We collect the contact information you provide when you sign up to receive SMS text notifications from a Creator and/or Brand, such as your name and mobile phone number.

    Activity When Using the Services: We collect information about the actions you take when interacting with the Services, such as the links you click from a Creator’s or Brand’s post or SMS text message, products you’ve viewed and other browsing activity in a Cart, and preferences.

    Transaction Information: We collect information about the transactions you make in a Creator’s and/or Brand’s Cart, such as the item(s) purchased, shipping and billing information.

    Payment Information: We facilitate the collection of payment information associated with transactions you make in a Cart, such as payment card information. This information is collected and processed by our third-party payment processors and/or by a Creator’s and/or Brand’s e-commerce provider via Third Party Integrations with the Services. Please review the Third-Party Payment Processors section below for more information about payment information collected and processed by our third-party payment processors.

    Message and Communication Content: We collect the content of any SMS text communications between you and a Creator and/or Brand, such as your agreement to sign up to receive notifications and links shared with you.

    Survey and Feedback Information: We collect information you provide if you provide ratings or feedback or answer surveys about your experience using the Services, such as your experience using a particular Cart.

    Brands and/or Creators: We receive information from Brands and/or Creators that share Customer information with us.

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    b. Information Collected About Creators and Brands

    Information Creators and Brands Provide Directly

    If you are a Creator or a Brand, or an Authorized User of a Creator or Brand, CreatorCart collects the following types of information directly from you:

    Information Collected Automatically from Creators and Brands

    We collect information about Creators, Brands, and Authorized Users of Creators and Brands automatically as described in the Information Collected Automatically section below.

    Creator and Brand Information Collected from Third Parties

    We collect, receive or otherwise access information about Creators and/or Brands from certain third parties. For Creators, this includes:

    Service Providers: We receive information from our Service Providers, such as our cloud service providers that enable our CreatorCart Platform, our third-party payment processors, and our analytics providers.

    E-Commerce Providers: We receive information from a Creator’s and/or Brand’s third-party ecommerce provider or partner, such as Shopify, which may include, for example, transaction information.

    Account Information: If you register an Account for the Services, we will collect contact and account profile information for you and/or your Authorized Users, such as name (first and last), business or company name, email address, phone number, mailing address, and login credentials, as well as any applicable Creator or Brand social media handle(s).

    Content and Cart Information: We collect the content you may provide or make available through your account and/or Cart, such as any messages, photos, video, images, links, products promoted and/or offered for purchase along with related descriptions, pricing and other information, and any other content or materials that you post, submit, transmit, upload and/or otherwise provide or make available in connection with the use of the Services (collectively, “User Content”).

    Activity When Using the Services: We collect information about the actions you take when interacting with the Services, such as Carts you create, links you generate and/or post, and Brands and/or Creators you promote and/ or with whom you have partnerships.

    Payment Information: We collect payment information, such as your credit card or bank account information. This information is collected and processed by third-party payment processors. Please review the Third-Party Payment Processors section below for more information.

    Message and Communication Content: We collect the content of any SMS text communications between you and your Customers, such as links to Carts or promotions you share.

    Customer Support Information: We collect information you make available for us to provide you with customer support, such as your name, email address, phone number, the details of your question or request, and any other information you choose to include in your customer support request.

    Survey and Feedback Information: We collect information you provide if you provide ratings or feedback or answer surveys about your experience using the Services.

    Brands: We receive information from Brands with which you are affiliated, such as name and contact information. For Brands and Creators, this includes:

    E-Commerce Providers: We receive information from your third-party ecommerce providers or partners, such as Shopify, which may include, for example, transaction information.

    4. INFORMATION WE COLLECT


    How and what personal information we collect in connection with the use of the Services depends on how and why you use the Services. We emphasize that we do not share or sell this personal information to third parties.

     

     

    7. SHARING PERSONAL INFORMATION
    We value your privacy and trust. We do not share, sell, or disclose your personal information to third parties. All the information you provide to CreatorCart remains confidential and is only used to enhance your experience with our Services.

    a. Third-Party Service Providers
    While we utilize certain third-party services to optimize our operations, we ensure that these third parties do not have access to, nor do they store or process, your personal information.

    b. Disclosures Directed by Creators and Brands
    Any sharing of information is done internally, based on the Creator's or Brand's instructions and always in compliance with applicable law. We do not share this information with external third parties.

    c. Third Party Integrations
    Though our platform may integrate with third-party services for enhanced functionality, we ensure that these integrations do not share, sell, or disclose your personal information.

    d. To Other Users of the Services
    Any information shared with other users of our Services is controlled and managed to protect your privacy. We do not share this information with external third parties.

    e. Affiliates and Subsidiaries
    Our affiliates and subsidiaries respect the same privacy standards as we do. Any sharing of information within our network does not involve external third parties.

    f. Legal Obligations and Security


    We are committed to complying with legal obligations, but we ensure that any personal information shared for legal reasons remains confidential and is not further shared or sold to external parties.

    g. With your Consent


    Any information shared based on your consent remains within the boundaries defined by your consent. We do not share or sell this information to third parties beyond these boundaries.

    5. Advertising Partners
    We do not share your personal information with advertising partners.

    6. Business Transfers
    In the event of any business transfers, mergers, or acquisitions, we commit to ensuring that your personal information remains protected and is not shared or sold to external third parties.

    7. SHARING PERSONAL INFORMATION
    We value your privacy and trust. We do not share, sell, or disclose your personal information to third parties. All the information you provide to CreatorCart remains confidential and is only used to enhance your experience with our Services.

    a. Third-Party Service Providers
    While we utilize certain third-party services to optimize our operations, we ensure that these third parties do not have access to, nor do they store or process, your personal information.

    b. Disclosures Directed by Creators and Brands
    Any sharing of information is done internally, based on the Creator's or Brand's instructions and always in compliance with applicable law. We do not share this information with external third parties.

    c. Third Party Integrations
    Though our platform may integrate with third-party services for enhanced functionality, we ensure that these integrations do not share, sell, or disclose your personal information.

    d. To Other Users of the Services
    Any information shared with other users of our Services is controlled and managed to protect your privacy. We do not share this information with external third parties.

    g. Affiliates and Subsidiaries
    Our affiliates and subsidiaries respect the same privacy standards as we do. Any sharing of information within our network does not involve external third parties.

    h. Legal Obligations and Security
    We are committed to complying with legal obligations, but we ensure that any personal information shared for legal reasons remains confidential and is not further shared or sold to external parties.

    i. With your Consent
    Any information shared based on your consent remains within the boundaries defined by your consent. We do not share or sell this information to third parties beyond these boundaries.

    8. THIRD-PARTY PAYMENT PROCESSORS


    Though we use third-party payment processors, we ensure that they do not have access to, store, or process any of your personal information beyond the transactional requirements.

    9. MARKETING COMMUNICATIONS
    We send marketing communications directly and do not share your contact information with third-party marketers.

     

    10. THIRD-PARTY SOCIAL MEDIA PLUG-INS
    While we may provide options to share content via social media sites, we ensure that these interactions do not result in the sharing or selling of your personal information to these platforms or any other third parties.

    11.Some Internet browsers may be configured to send "Do Not Track" signals to the online services that you visit. There is no consensus among industry participants as to what "Do Not Track" means in this context. Like many websites and online services, CreatorCart does not currently alter our practices when we receive a "Do Not Track" signal from a browser except as specifically required by law. For information about "Do Not Track" please visit All About DNT.

    12. THIRD-PARTY LINKS AND EXTERNAL WEBSITES
    External links may be provided for your convenience, but we emphasize that we do not share or sell any of your personal information with these external websites.

    13. "DO NOT TRACK" PREFERENCES

    The Services do not monitor for or behave differently if your browser or device transmits a “Do Not Track” or similar message.

    14. CHILDREN’S DATA

    CreatorCart does not target the Services to persons under the age of 18, nor does CreatorCart knowingly collect personal information from persons under the age of 16 or the equivalent legal age as specified by law in the applicable jurisdiction. Therefore, we ask you not to provide us with personal information of persons under the age of 16 or the equivalent age as specified by law in your jurisdiction. If we learn that personal information of persons under the age of 16 or the equivalent age as specified by law in the applicable jurisdiction, has been collected on or through the Services, then we may deactivate the account or otherwise terminate access to the Services and/or make the user content inaccessible.

    15. DATA RETENTION

    Personal information is processed for the period necessary to fulfill the purposes for which it is collected, to comply with legal and regulatory obligations and for the duration of any period necessary to establish, exercise or defend any legal rights.

    In order to determine the most appropriate retention periods for your personal information, we consider the amount, nature and sensitivity of your information, the reasons for which we collect and process your personal information, and applicable legal requirements.

    In some instances, we may choose to anonymize personal information instead of deleting it.

    16. DATA SECURITY AND PROTECTION

    We prioritize the security and protection of your personal information. We have implemented reasonable and appropriate security measures to prevent your data from being accidentally lost, misused, accessed without authorization, altered, or disclosed. This includes using encryption, secure socket layer (SSL), firewalls, and password protection. Additionally, access to personal information is strictly limited to our employees, agents, and contractors who need to know the information for their work.

    We have established procedures to address any potential data security breaches. Please be aware, however, that no method of transmission over the Internet or electronic storage method is completely secure. While we strive to provide secure services, by using our Services, you understand and assume the inherent risks associated with online activities.

    We cannot control the actions of other users with whom you may decide to share your information. Even after information is removed from our Services, caching and archiving services might have retained it, and others may have copied or stored the data. We do not sell, share, or allow unauthorized access to your personal information, but we cannot guarantee that your data will not be viewed by unauthorized individuals.

    17. CALIFORNIA “SHINE THE LIGHT” DISCLOSURE

    The California “Shine the Light” law provides California residents with the option to opt-out of sharing certain types of personal information with third parties for direct marketing purposes. We do not share, sell or disclose personal information with third parties for their direct marketing purposes.

    18. NEVADA PRIVACY RIGHTS

    Under Nevada law, "consumers" (individuals seeking or acquiring goods/services for personal, family, or household purposes) have the right to opt out of the sale of specific personal information categories.

    CreatorCart does not sell or share covered information of Nevada consumers as defined by Nevada law. If you wish to opt-out or have questions, you can contact us at the specified email or mailing address in the "How to Contact Us" section, providing your full name, username, complete address, email, and confirming your Nevada residency.

    19. INTERNATIONAL TRANSFERS

    CreatorCart is headquartered in the United States, and we process personal information on servers located within the country. While CreatorCart operates globally, we ensure that personal data is not shared or sold to unauthorized third parties. There might be instances where we transfer personal information to our Affiliates or other entities, but these recipients are bound by the same commitment to data protection.

    It's important to note that the data protection laws in the United States or other countries might differ from those in your country. We rely on legal mechanisms to transfer personal information across borders in compliance with applicable laws.

    20. ADDITIONAL EUROPEAN AND INTERNATIONAL DATA RIGHTS

    The European Union’s General Data Protection Regulation and certain other countries’ data protection laws provide certain rights for data subjects. If you are a resident of the European Economic Area, the United Kingdom, Switzerland or another country with data protection laws that provide for certain data subject rights, you may submit a request to exercise your rights.

    We respond to all requests we receive from individuals wishing to exercise their data rights in accordance with applicable data protection laws.

    Depending on your country of residence, your rights may include.

    The right to be informed – that’s an obligation on us to inform you how we use your personal data (and that’s what we’re doing in this Privacy Notice);

    The right of access – that’s a right to make what’s known as a ‘data subject access request’ for a copy of the personal data we hold about you;

    The right to rectification – that’s a right to request that we correct personal data about you that may be incomplete or inaccurate (though we generally recommend first making any changes in your account if you have one);

    The right to erasure – that’s where in certain circumstances you can ask us to delete the personal data we have about you (unless there’s an overriding legal reason we need to keep it);

    The right to restrict processing – that’s a right for you, in certain circumstances, to ask us to suspend processing personal data;

    The right to data portability – that’s a right for you to ask us for a copy of your personal data in a common format (for example, a .csv file);

    The right to object – that’s a right for you to object to us processing your personal data (for example, if you object to us processing your data for direct marketing); and

    Rights in relation to automated decision-making and profiling – that’s a right you have for us to be transparent about and not be subject to any profiling or any automated decision-making we may do.

    Withdraw Consent—that’s the right to revoke any consent you may have previously given us at any time, if we have collected and processed your personal data with your consent. Withdrawing your consent will not affect the

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    lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal data conducted in reliance on lawful processing grounds other than consent.

    Exercising Your Rights

    These rights are subject to certain rules around when you can exercise them. If you are located in the European Economic Area, the United Kingdom, Switzerland, or a country or region that grants data rights and wish to exercise any of those rights, please contact us.

    You will not have to pay a fee to access your personal data (or to exercise any of the other rights) unless your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

    We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it.

    We will respond to all legitimate requests within one month or the relevant time period specified under applicable local data protection law. Occasionally it may take us longer if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated as required by law.

    If you no longer wish to receive our marketing/promotional information, you may opt out as described in the Your Choices section above.

    Finally, if you are located in the the European Economic Area, the United Kingdom, or Switzerland, you have the right to make a complaint at any time to the supervisory authority for data protection issues in your country of residence. We would, however, appreciate the chance to deal with your concerns before you approach the supervisory authority, so please contact us first.

    21. HOW TO CONTACT US

    If you have any questions about this Privacy Notice and/or our Cookie Policy, including any requests to exercise your legal rights, please contact us as follows:

    File a complaint—that’s the right to file a complaint with a supervisory authority about our collection and processing of your personal data.

    By email at: By mail at:

    hello@creatorcart.com Subject Line: Privacy Request CreatorCart
    Attn: CreatorCart Privacy Request
    61 Greenpoint Avenue

    Floor 6
    Brooklyn, NY, 11222 USA

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