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
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
Third Party Social Media Plug-Ins
Third-Party Links and External Websites
“Do Not Track” Preferences
Data Security and Protection
California “Shine the Light” Disclosure
Nevada Privacy Rights
19. International Transfers
20. Additional European and International Data Rights 21. How to Contact Us
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
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.
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.
Information about Customers of Creators and Brands
To power your Cart and the Services we provide to you, we collect and use personal information about your Customers. In general, we only collect and use this personal information as directed by you under your agreement with CreatorCart. We do not “sell” your Customers’ personal information, as “sell” is defined under applicable law.
c. Information Collected About Visitors
Information Visitors Provide Directly
If you are a Visitor, CreatorCart collects the following types of information directly from you:
Information Collected Automatically from Visitors
We collect information about Visitors automatically as described in the Information Collected Automatically section below. Visitor Information Collected from Third Parties
We collect, receive or otherwise access information about Visitors from certain third parties. This may include:
For all Users, you may choose not to provide information directly to us or to not use the Services. However, some personal information is necessary so that we can provide you with the Services you have requested. Failure to provide this information may prevent us from providing you with access to our Services.
d. Information Collected Automatically
Third Party Integrations: We may receive information from Third Party Integrations (as defined below) that you connect and/or use in connection with the use of the Services.
Service Providers: We receive information from our Service Providers, such as our cloud service providers that enable our CreatorCart Platform, customer support providers, and our analytics providers.
Marketing and Advertising Providers: We may receive information from entities who perform targeted advertising and/or marketing functions for CreatorCart.
Information You Provide About Another Person: Creators and/or Brands may choose to provide us with another person’s information (such as their name and email address) so that we may recommend or provide products or Services to that person or communicate with that person. For example, you may provide us with another person’s name and contact information when you want to recommend the CreatorCart Services to them.
Activity When Using the Site: We collect information about the actions you take when interacting with the Site, such as links you may click or submissions you may make through the Site.
Marketing communications and newsletters. If you sign up to receive emails, newsletters and/or marketing communication from us, we will collect your name and contact information, such as your email address.
Interactions through social media: If you interact with us through any of our pages or feeds on any social media sites or platforms, such as Facebook or Instagram, we may collect information such as your name, username, demographic information, contact information such as email address, location, interests, and publicly posted data such as your social media activity.
Browsing Carts and Transactions: If you browse a Brand’s and/or Creator’s Cart through the Site or engage in a transaction through a Cart, we collect the information described in the Customers section above.
Service Providers: We receive information from our Service Providers, such as the third parties that operate our Site and our analytics providers.
Marketing and Advertising Providers: We may receive information from entities who perform targeted advertising and/or marketing functions for CreatorCart.
We and/or our authorized third-party Service Providers automatically collect technical and/or analytics information about how Users use and/or interact with our Services (collectively, “Usage Information”), which may include (but is not necessarily limited to) identifiers, commercial information, and internet activity information such as IP address (or proxy server), mobile device number, device and application information, device event information, crash data, and log files and data, identification numbers and features, your approximate location (as determined through your IP address), browser type, plug-ins, integrations, Internet service provider or mobile carrier, the pages and files viewed, website and webpage interactions including searches and other actions you take, websites, apps and/or ads that referred you to the website, advertising and language preferences, operating system type and version, system configuration information, date and time stamps associated with your usage, and frequency of visits to the websites, and details of which of our products and product versions you are using.
Cookies and Similar Technologies
e. Targeting & Advertising
f. Aggregated Data
We process “Aggregated Data”, such as statistical or demographic data. Aggregated Data may be derived from personal information but is not considered personal information. If we combine or connect Aggregated Data with your personal information so that it can directly or indirectly identify you, we treat the combined data as personal information, which will be processed in accordance with this Privacy Notice.
5. SENSITIVE PERSONAL INFORMATION
CreatorCart does not require you to provide any sensitive personal information, such as information about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, health and genetics, or biometric data, to use the Services.
6. OUR PURPOSES FOR COLLECTING AND USING PERSONAL INFORMATION AND LEGAL BASIS
Depending on the category of User you are and how you use the Services, we and/or our Service Providers process personal information for the purposes and on the legal bases as follows.
We process personal information to fulfill a contractual obligation with you. These purposes may include:
We process personal information where it is necessary for our legitimate interests (or those of a third party), and your interests and fundamental rights do not override those interests. These purposes may include:
To operate and provide the Services Creators and Brands contracted for and requested.
To host and provide the Site;
To operate and provide the Services to and on behalf of Creators and Brands;
We process personal information where we need to comply with a legal or regulatory obligation. These purposes may include:
We may also process personal information for any other purpose if we have obtained your prior consent. For example, we process personal information on the basis of consent where we cannot rely on an alternative legal basis for processing, where your data is sourced and it already comes with consent or where we are required by law to ask for your consent. Please note that for this specific legal basis, you have the right to withdraw your consent at any time.
7. SHARING PERSONAL INFORMATION
Aside from disclosing personal information to those of our personnel who are authorized to process the information in order to provide the Services and who are committed to confidentiality, we disclose personal information only to the third parties as described below.
a. Third-Party Service Providers
We share personal information of all Users with third-party vendors, consultants, agents, contractors, and service providers that provide services to us that help us in the operation, provision, administration and management of the Services and to otherwise operate our business (“Service Providers”). Depending on how you use the Services, the following categories of Service Providers collect data on our behalf or receive personal information:
To process payment for the Services from Brands and Creators;
To communicate with Creators and Brands about their account, our relationship with them, or their use of the Services;
To personalize our Services and improve User experience, such as remembering information so that you will not have to re-enter it during your visit or the next time you visit the Services;
To provide customized advertisements, content, and information for Creators, Brands, Authorized Users, and/or Visitors, where and as permitted under applicable law;
To enable Third Party Integrations connected to the Services for Brands and/or Creators;
To deliver direct marketing communications to Creators, Brands, Authorized Users, and/or Visitors regarding products and services of ours and/or third parties that we may think are of interest;
Respond to queries and requests, or otherwise communicate directly with Users;
To provide technical support for, secure, and protect the Services, including to detect any fraudulent or illegal activity;
To conduct analytics related to the Services, such as to understand how they are being used and where improvements may be needed;
To update, improve, and/or enhance the Services, and develop new features, functionality, and products and Services;
For our business transfers; and
To enforce our Terms of Service, resolve disputes or otherwise to carry out our obligations and enforce our rights, and to protect our business interest and rights of third parties;
To comply with legal and contractual obligations and requirements; and
Provide information to regulatory bodies when legally required, and only as outlined below in Legal Obligations
Hosting providers, Analytics providers,
Payment processing providers;
b. Disclosures Directed by Creators and Brands
We share and disclose personal information of Authorized Users and Customers with the applicable Creator and/or Brand, and otherwise in accordance with the Creator’s and/or Brand’s instructions, including any applicable Terms or contract, and in compliance with applicable law and legal process. If you are a Customer or an Authorized User, please contact the relevant Creator or Brand to learn more about how your personal information may be used, shared and/or disclosed by us on their behalf.
c. Third Party Integrations
When Creators and/or Brands interact with and/or use third-party services, platforms, or other online tools that integrate with the CreatorCart Services, including, but not limited to, certain e-commerce platforms (collectively, “Third Party Integrations”) in connection with the Services, certain information may be exchanged between CreatorCart and the provider of the applicable Third Party Integration. This information includes Customer personal information. Information that is shared with us through Third Party Integration is used by us as described in this Privacy Notice. Note that the Third Party Integrations you choose to interact with and/or use are not our Service Providers. The applicable providers of Third Party Integrations may use personal information differently than we do, and we do not control their use of your information. Please review the privacy notices for the Third Party Integrations.
d. To Other Users of the Services
Certain personal information will be shared with other Users of the Services, depending on how you use the Services.
We share Customer personal information with the relevant Creators and/or Brands with which the Customer interacts through the Services.
Certain Creator and Brand information will be shared with Customers in the course of operating and providing the Services. To enable and facilitate partnerships and promotional relationships between and among Creators and Brands, certain Creator information, such as certain account profile information and User Content, will be shared with Brands, and certain Brand information, such as Brand contact information, will be shared with Creators. Any personal information that Creators or Brands voluntarily choose to provide or transmit on or through the Services (for example, User Content that you post and/or submit in connection with the Services), including information in a publicly accessible area of the Services (such as blog pages or forums) or information you share with or allow to be shared with other Users, will be available to anyone who has access to that content, including other Users.
We do not control the use of your information by such other users. We will not be able to contain or retrieve personal information once it has been shared or disclosed with other users, and CreatorCart will have no responsibility or liability for any consequences that may result because you have released or shared personal information with others.
Please make your choice to share your personal information carefully.
e. Advertising Partners
We may share Creator, Brand, Authorized User, and Visitor personal information with our third-party advertising partners
Advertising and marketing partners,
Providers of business operations and communication tools,
Other third-party service providers that help us provide features and functions for the Services (e.g., customer support providers), and
Professional agents and service providers, such as auditors, lawyers, consultants, accountants and insurers.
f. Business Transfers
We may also share personal information of all Users with third parties to whom we choose to sell, transfer, or merge parts of our business or our assets or in connection with a restructuring, reorganization, financing due diligence, dissolution, transition of service to another provider, whether as a going concern or as part of bankruptcy, receivership, liquidation or similar proceeding, as permitted by law and/or contract. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal information in the same way as set out in this Privacy Notice.
g. Affiliates and Subsidiaries
Personal information that we collect about you through or in connection with your use of the Services may be shared with the employees, contractors, and agents of CreatorCart and our affiliated and subsidiary entities (“Affiliates”) who are involved in providing or improving the Services that we offer to you, as applicable and in accordance with applicable law.
h. Legal Obligations and Security
Regulatory and Government Bodies – Compliance with Law
We may disclose User personal information to regulatory agencies and official government bodies, as required to comply with or satisfy any laws, rules, or regulations applicable to CreatorCart.
Required Disclosures – Responding to Legal Orders
If we are required to disclose personal information by law, such as pursuant to a subpoena, warrant or other judicial or administrative order, our policy is to respond to requests that are properly issued by law enforcement within the United States. Under such circumstances, unless prohibited by applicable law, we will attempt to provide Creators and Brands with prior notice that a request for personal information has been made in order to give you an opportunity to object to the disclosure. We will attempt to provide this notice by email, if you have given us an email address. However, government requests may include a court-granted non-disclosure order, which prohibits us from giving notice to the affected individual. In cases where we receive a non-disclosure order, we will notify you when it has expired or once we are authorized to do so.
If you are an Authorized User or Customer, please consult with the relevant Creator or Brand to learn more about how they respond to requests for information pursuant to legal orders.
Exigent Circumstances & Enforcement/Protection of Our Rights
User information, including the contents of all online communications in our Services and between you and CreatorCart may be accessed and monitored as needed to provide our Services and may be disclosed to law enforcement, regulatory agencies, official government bodies, and other third parties, as we, in our sole discretion, believe necessary or appropriate:
i. With your Consent
To enforce our rights under our Site Terms, Terms of Service, creator and brand contracts, and/or any other terms and conditions applicable to the use of the Services;
In connection with an investigation of fraud, intellectual property infringement, piracy or other unlawful activity or activity that may expose us or our Affiliates, partners and/or agents to legal liability; and/or
If we receive information that provides us with a good faith belief that there is an exigent emergency involving the danger of death or serious physical injury to a person.
There may be situations where you are asked to consent to share personal information with third parties for additional reasons not included in this Privacy Notice. In such event, we will only share such personal information if we have received your prior consent and only for the purposes as listed in the request to share such information.
8. THIRD-PARTY PAYMENT PROCESSORS
CreatorCart may collect certain payment information, such as credit card or bank account information. For example, we collect payment information when a Creator or Brand signs up for or purchases a subscription for the Services and to facilitate Customer transactions through the Services. Note that we do not directly collect or store any payment information. Payment transaction information is processed and stored exclusively by our third-party, PCI-compliant, payment processors, on our behalf. The information provided to CreatorCart by these third-party payment processors only includes partial payment or credit card information and limited transaction information via our payment processors’ portals.
Please review the following privacy notices of payment providers we use to learn more about how they collect, process and protect your personal information:
9. MARKETING COMMUNICATIONS
If you are a Creator, Brand or Authorized User and have not otherwise opted out (or with your consent where required by applicable law), or if you are a Visitor and have opted in to receive direct marketing emails from us, we may use and disclose your personal information to send you marketing information about the Services, new product releases, new feature releases of the Services, and/or other CreatorCart products and services, that we think may interest you. We may carry out direct marketing by email and SMS text. We do not send marketing communications to Customers unless a Customer has signed up directly with us to receive marketing communications from us.
If you no longer wish to receive marketing communications, you have the right at any time to opt out as further explained in Your Choices.
10. YOUR CHOICES
a. SMS Text Opt-Out for Customers
If you are a Customer receiving SMS text communications from a Creator and/or Brand through the Services, you may opt out of receiving those communications by following the opt out instructions included in the text communications. You will need to opt out of SMS text communications with each Creator and Brand from whom you’re receiving SMS text communications.
If you are a Creator, Brand, Authorized User, and/or Visitor, you may opt out of SMS text communications from CreatorCart by following the opt-out prompts in the messages.
b. Accessing, Updating and Correcting Personal information
If you are a Customer, please contact the relevant Creator and/or Brand to update or correct your personal information.
If you are a Creator, Brand, Authorized User, or Visitor and would like to correct or update certain personal information (such as your contact information associated with your account), please contact us and we will use reasonable efforts to correct and/or update such information. If you are an Authorized User, you may also contact the relevant Brand and/or Creator to correct your personal information, such as if they manage user accounts for the Services.
c. Additional European and International Data Rights
If you are a resident of the European Economic Area, United Kingdom, Switzerland, or certain other countries, you may have additional rights you can exercise as described here.
d. Direct Marketing
If you are a Creator, Brand, Authorized User, or Visitor, you may manage the receipt of marketing and non-transactional communications sent by email by clicking on the “unsubscribe” link located on the bottom of any of our marketing e-mails. To opt-out of marketing communications sent by physical mail, please contact us with your request.
We will use commercially reasonable efforts to process such requests in a timely manner. Note that you cannot opt out of receiving transactional e-mails or communications related to the Services (e.g., security notifications or updates to our Terms), which, for clarification, are not marketing communications.
If you are a Customer, please contact the Brand and/or Creator if you wish to opt out of marketing communications from them sent by email or physical mail.
e. Cookies & Targeted Advertising
On or through the Services we may provide third-party “share” buttons or other integrated tools that enable you to share certain content via social media sites (e.g., Facebook, Twitter, Instagram, YouTube, and LinkedIn). These “share” buttons may function as web beacons when you interact with the button. Please note that when you “share” using the buttons, you may send to the third party provider of the “share” button the information that you are viewing. If you are logged in to your account with the third party, then the third party may be able to link information or actions about your interactions with the Services to your account with the applicable third party provider. Please refer to each third party’s privacy policies to learn more about its data practices.
12. THIRD-PARTY LINKS AND EXTERNAL WEBSITES
When you choose to click on any links we have placed on or through the Services, interact with, and/or engage with any Third Party Services, certain data and information may be exchanged between us and the provider of the applicable Third Party Services. Note that the third-party providers of Third Party Services with whom you choose to share your information are not our service providers. The applicable providers of the Third Party Services that you engage with may use your personal information differently than we do and we do not control their use of your information. Please review the privacy policies of any Third Party Services you decide to visit and/or interact or engage with.
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.
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.
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 have put in place reasonable and appropriate security measures designed to prevent personal information from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. For example, we use encryption, secure socket layer (SSL), firewalls, and password protection. In addition, we limit access to personal information to those employees, agents, contractors and the third parties who have a business need-to-know.
We also have procedures in place to deal with any suspected data security breach. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure, and while we take reasonable steps to provide secure services, by using the Services, you understand and assume the risks associated with your activities on the internet.
Additionally, we cannot control the actions of other users with whom you may choose to share your information. Further, even after information posted on the Services is removed, caching and archiving services may have saved that information, and other users or third parties may have copied or stored the information available on the Services. To the fullest extent permitted under applicable law, we cannot and do not guarantee that information you post on or transmit to the Services will not be viewed by unauthorized persons.
17. CALIFORNIA “SHINE THE LIGHT” DISCLOSURE
The California “Shine the Light” law gives residents of California the right under certain circumstances to opt-out of the sharing of certain categories of personal information with third parties for their direct marketing purposes. We do not currently share personal information with third parties for their own direct marketing purposes.
18. NEVADA PRIVACY RIGHTS
Under Nevada law, Nevada “consumers” (individuals who are seeking or acquiring goods/services for personal, family, or household purposes) may opt out of the sale of covered personal information.
CreatorCart does not currently sell covered information of Nevada consumers as defined under applicable Nevada law. 12
You may submit an opt-out request by sending your request to the email address or mailing address specified in the How to Contact Us Section; along with your full name, any user name, complete mailing address (including street address, city, state, and zip code), email address (so that we can contact you, if needed, in connection with the request) and confirmation that you are a Nevada resident.
19. INTERNATIONAL TRANSFERS
CreatorCart is based in the United States. The personal information that we collect or receive is processed on servers located in the United States. Additionally, CreatorCart operates globally and may transfer the personal information that we process to the third parties described above. These recipients may be situated outside of your country or regional area of residence and may process personal information outside of your country or regional area. In particular, personal information provided to us or collected by us will be transferred to and processed in the United States by us or our Affiliates and our respective agents and contractors. The data protection laws of the United States or other countries may not be as comprehensive or equivalent to those in your country of residence.
We rely on legally-provided mechanisms to transfer personal information across borders where and as required under applicable law.
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
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
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:
firstname.lastname@example.org Subject Line: Privacy Request CreatorCart
Attn: CreatorCart Privacy Request
61 Greenpoint Avenue
Brooklyn, NY, 11222 USA