Last Modified: May 19, 2023
WHO WE ARE?
We are Obviyo, Inc (“we”, “us”, “our”), a Florida corporation, having its principal place of business at 6079 Via Venetia S, Delray Beach, FL 33484.
“Personal information” means information that identifies you personally such as your name, contact details, or other data which can be linked with such information in order to identify you.
If you are visiting this website as a client (or prospective client) of Obviyo, we may use personal information about you in order to contact you and provide certain services to you. In addition, we may use your personal information in order to monitor your use of this website and inform any updates or improvements which we make to the site.
If you are a consumer, we may use personal information about you in order to contact you and provide certain services to our clients. The services which we provide to our clients allow them to monitor your use of their websites and inform any updates or improvements which they make to their sites.
If you have installed one of our Apps, we may use personal information about you in order to contact you and provide certain services to you. Additionally, we may use the personal information we collect from you and your consumers in order to provide certain services to you.
NOTICE TO RESIDENTS OF THE EUROPEAN UNION AND CALIFORNIA
QUICK GUIDE TO CONTENTS
- What personal information do we collect about you?
- How do we use your personal information?
- How long do we keep your personal information for?
- Who do we share your personal information with?
- What happens if you do not provide us with the information we request?
- Do we make automated decisions concerning you?
- Do we transfer your personal information outside the EEA?
- What are your rights?
- How do we contact you?
- How do you contact us?
WHAT PERSONAL INFORMATION DO WE COLLECT ABOUT YOU AND WHAT ARE THE SOURCES OF THAT INFORMATION?
We collect and process your information in the following ways:
1. Information you give us
We may collect contact information, including your name, phone number, and email address, when you fill in the contact form on our website or install one of our Apps.
2. Other information we collect:
Additionally, when Shopify stores install our App(s), we are automatically able to access certain types of information from your Shopify account:
• Shopify Account Data
• Product Data
• Online Store Data
• Customer email to be used in encrypted form (’email hash’)
Additionally, we collect the following types of personal information from you and/or your customers once you have installed the App:
- Information about you and others who may access the App on behalf of your store, such as your name, address, email address, phone number, and billing information;
- Information about individuals who visit your store, such as their IP address, web browser details, time zone, purchase history, email hash, and information about the cookies installed on the particular device.
We collect personal information directly from the relevant individual, through your Shopify account, or using the following technologies:
- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
- “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
- “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.
- ‘Shopify APIs’ used to collect product, order, and limited customer data from your Shopify account
HOW DO WE USE YOUR PERSONAL INFORMATION?
1. Where you have requested that we contact you
We will use the contact information with which you provide us when you complete the contact form on our website or install one of our Apps in order to:
- To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders.
- To provide, support, personalize, and develop our Website, products, and services.
- To create, maintain, customize, and secure your account with us.
- To process your requests, purchases, transactions, and payments and prevent transactional fraud.
- To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
- To personalize your Website or App experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via email or text message (with your consent, where required by law).
- To help maintain the safety, security, and integrity of our Website, Apps products and services, databases and other technology assets, and business.
- For testing, research, analysis, and product development, including to develop and improve our Website, Apps, products, and services.
- To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
- As described to you when collecting your personal information or as otherwise set forth in the California Consumer Protection Act of 2018.
- To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our clients is among the assets transferred.
2. If you are a client
- send you updates about our services;
• manage our relationship with you;
- provide our services; and
- operate our Apps; or
- send you updates about our services;
3. If you are a consumer:
- respond to any queries which you submit to us;
• manage our relationship with you;
- provide our services to our clients; and
- operate our Apps.
- respond to any queries which you submit to us;
We will process your personal information on the basis that you have consented to such processing.
4. Where we have a legitimate interest
We will use certain information, including technical information such as your IP address, in order to:
• if you are a client, operate, update, and improve our website; or
• if you are a consumer, provide certain services to our clients which allow them to operate, update, and improve their websites.
We will process your personal information in this way in accordance with our legitimate interests. Please contact us for details of our legitimate interest assessment.
HOW LONG DO WE KEEP YOUR PERSONAL INFORMATION
We keep your personal information for no longer than necessary in relation to the purposes for which it was collected and, in any case, for no longer than 7 years (unless we have a legitimate reason to retain it for a longer period, for example, where we require your contact information in order to continue providing requested services to you).
WHO DO WE SHARE YOUR PERSONAL INFORMATION WITH?
We may disclose your personal information to a third party for a business purpose. Generally, we share your personal information with third parties who perform functions on our behalf and who also provide services to us, including our cloud hosting providers, internet cookie recipients (like Google), and web analytics providers. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.
In the preceding 12 months, we have disclosed the following categories of personal information for a business purpose:
• Commercial information.
• Internet or other similar network activity.
• Imprecise geolocation data.
As we continue to develop our business, we may sell or purchase assets. If another entity acquires us or merges with us, your personal information will be disclosed to such entity. Also, if any bankruptcy or reorganization proceeding is brought by or against us, all such information will be considered an asset of ours and as such it is possible, they will be sold or transferred to third parties.
Where required, we may also share your personal information with third parties:
• to comply with a legal obligation;
• when we believe in good faith that an applicable law requires it;
• at the request of governmental authorities conducting an investigation;
• to verify or enforce other applicable policies;
• to detect and protect against fraud, or any technical or security vulnerabilities;
• to respond to an emergency; or
• otherwise to protect the rights, property, safety, or security of third parties, visitors to our website, our business or the public.
WHAT HAPPENS IF YOU DO NOT PROVIDE US WITH THE INFORMATION WE REQUEST OR ASK THAT WE STOP PROCESSING YOUR INFORMATION?
If you do not provide the personal information necessary, or withdraw your consent for the processing of your personal information:
1. If you are a client:
• we may not be able to contact you or provide the services you have requested; and
• you may lose access to certain functionality and personalization features on our website; and/or
2. If you are a consumer:
• we may not be able to contact you; and
• we may not be able to provide certain services to our clients and, accordingly, you may lose access to certain functionality and personalization features on their websites.
DO WE TRANSFER YOUR PERSONAL INFORMATION INTERNATIONALLY?
Yes, in some cases the personal information we collect from you might be processed internationally. For example, we may store your personal information on one of our (or our service providers’) international servers.
The countries in which your personal information is processed may not have the same protections as your country of residence, particularly if you are based within the EEA. However, we will ensure any personal information which is processed internationally by us (or our service providers) is suitably protected.
In particular, if you are based within the EEA, we will ensure that personal information is afforded the same level of protection when it is processed internationally as if it was processed in the EEA.
To find out more about how we protect your information please contact us using the details below.
WHAT ARE YOUR RIGHTS?
1. If you are based in the EEA
If you are based in the EEA, you have a number of rights when it comes to your personal information, including:
• The right to object to processing. You have the right to object to certain types of processing, including processing for direct marketing (i.e. if you no longer want to be contacted with potential opportunities).
• The right to be informed. You have the right to be provided with clear, transparent and easily understandable information about how we use your information and your rights. This is why we’re providing you with the information in this Policy.
• This is so you’re aware and can check that we’re using your information in accordance with data protection law.
• The right to rectification. You are entitled to have your information corrected if it’s inaccurate or incomplete.
• The right to erasure. This is also known as ‘the right to be forgotten’ and, in simple terms, enables you to request the deletion or removal of your information where there’s no compelling reason for us to keep using it. This is not a general right to erasure; there are exceptions.
• The right to restrict processing. You have rights to ‘block’ or suppress further use of your information. When processing is restricted, we can still store your information, but may not use it further. We keep lists of people who have asked for further use of their information to be ‘blocked’ to make sure the restriction is respected in future.
• The right to data portability. You have rights to obtain and reuse your personal information for your own purposes across different services. For example, if you decide to switch to a new provider, this enables you to move, copy or transfer your information easily between our IT systems and theirs safely and securely, without affecting its usability.
• The right to lodge a complaint. You have the right to lodge a complaint about the way we handle or process your personal information with your national data protection regulator.
• The right to withdraw consent. If you have given your consent to anything we do with your personal information, you have the right to withdraw your consent at any time (although if you do so, it does not mean that anything we have done with your personal information with your consent up to that point is unlawful). This includes your right to withdraw consent to us using your personal information for marketing purposes.
We usually act on requests and provide information free of charge, but may charge a reasonable fee to cover our administrative costs of providing the information for:
• baseless or excessive/repeated requests, or
• further copies of the same information.
Alternatively, we may be entitled to refuse to act on the request.
Please consider your request responsibly before submitting it. We’ll respond as soon as we can. Generally, this will be within one month from when we receive your request but, if the request is going to take longer to deal with, we’ll come back to you and let you know.
2. California residents
If you are a California resident, you have the following specific rights regarding your personal information:
Access to Specific Information and Data Portability Rights.
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
- The categories of personal information we collected about you.
- The categories of sources for the personal information we collected about you.
- Our business for collecting that personal information.
- The categories of third parties with whom we share that personal information.
- The specific pieces of personal information we collected about you (also called a data portability request).
- If we disclosed your personal information for a business purpose, a list of such disclosures, identifying the personal information categories that each category of recipient obtained.
Deletion Request Rights.
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
- Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Debug products to identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
- Comply with a legal obligation.
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
EXERCISING ACCESS, DATA PORTABILITY, AND DELETION RIGHTS
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by emailing us at the email address set forth below. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
- provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative; and
- describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.
Making a verifiable consumer request does not require you to create an account with us. We will use personal information provided in a verifiable consumer request only to verify the requestor’s identity or authority to make the request.
RESPONSE TIMING AND FORMAT
We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 45 days), we will inform you of the reason and extension period in writing.
If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.
Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
We will not discriminate against you for exercising any of your CCPA rights. However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.
HOW WILL WE CONTACT YOU?
We may contact you by phone, email or social media. If you prefer a particular contact means over another please just let us know.
HOW CAN YOU CONTACT US?
If you have any enquiries, you can contact us at:
6079 Via Venetia S Delray Beach, FL 33484