Privacy & Policy

This privacy policy describes the information Avada Commerce, Inc. ("Avada", “we” or “us”) collect from End Users (“you”) of our website (the “Site”) and the information we collect on behalf of our clients who employ our technology to use our email messaging, analytics, and other services (the “Services”).

This policy does not apply to third parties that Avada does not own or control. Such third parties are not under Avada’s control and Avada is not responsible for their privacy or security practices.

Any order forms or additional agreements to which users agree governing the provision of optional Avada features shall take precedence over the terms of this Privacy Policy to the extent of any differences, so please read such order forms or additional agreements carefully.

Avada participates in and complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. Avada’s accountability for personal data that it receives under the Privacy Shield and subsequently transfers to a third party is described in EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield Frameworks below. In particular, Avada remains responsible and liable under the Privacy Shield Principles if third-party agents that it engages to process the personal data on its behalf do so in a manner inconsistent with the Principles, unless Avada proves that it is not responsible for the event giving rise to the damage.

We collect, process, and retain information from you and any devices you may use when you use or interact with our Site and Services, and in other ways described below.

We receive and store information you enter on our Site or give us in any other way, including your name, mailing address, phone number, email address, and payment information, as well as company name, and colleagues’ names and email addresses. We collect information about your use of our Site, such as the pages you view and other interactions you have. We receive and store certain types of information whenever you interact with our Site. Our Site uses “cookies,” tagging and other tracking technologies to help enable us to enhance or personalize your online browsing experience. This information includes computer and connection information such as statistics on your page views, traffic to and from our Site, referral URL, ad data, your IP address, and device identifiers. This information also may include your browsing history, transaction history, and your web log information.

We use your information to help us personalize and continually improve your experience on the Site, including fulfilling requests for information, analyzing and compiling trends and statistics, and communicating with you. For information about how to manage your information and the choices you have, see how to limit the use of your information below.

Cookies are alphanumeric identifiers transferred to your computer’s hard drive through your Web browser to enable our systems to recognize your browser and tell us how and when pages in our Site are visited and by how many people. Like most internet sites, We uses cookies to enhance our users’ experience on the internet. These cookies do not collect personal information, and we do not combine information collected through cookies with other personal information to tell us who you are or what your name or e-mail address is.

Most browsers allow you to prevent the browser from accepting new cookies, to be notified when you receive a new cookie, or to disable cookies. If you delete your cookies or if you set your browser to decline cookies, some features of the Site may not work or may not work as designed. Note that if you choose to remove cookies, you may remove opt-out cookies that affect your advertising preferences.

We partner with third-party advertising companies who also use these tracking tools to provide advertisements on other websites. These third parties may use these technologies to collect information about you when you use the Site. They may collect information about your online activities over time and across different websites and other online services. They may also use persistent identifiers to track your Internet usage across other websites in their networks beyond the Site. They may use this information to provide you with interest-based advertising or other targeted content. While we do not knowingly provide these entities with information that personally identifies you such third parties may, with sufficient data from other sources, be able to personally identify you, unknown to us.

Some content or applications on the Site may be served by unaffiliated third parties. We do not control these third parties’ tracking technologies or how they may be used. We are not responsible for the content or privacy practices on any website not operated by us to which our Site links or that links to our Site.

Your browser or device may include “Do Not Track” functionality. Our information collection and disclosure practices, and the choices that we provide to visitors, will continue to operate as described in this privacy notice, whether or not a Do Not Track signal is received.

We use Google Analytics, a web analytics service provided by Google, Inc., on our Site. Google Analytics uses cookies or other tracking technologies to help us analyze how users interact with and use the Site, compile reports on the Site’s activity, and provide other services related to Site activity and usage. The technologies used by Google may collect information such as your IP address, time of visit, whether you are a return visitor, and any referring website. The Site does not use Google Analytics to gather information that personally identifies you. The information generated by Google Analytics will be transmitted to and stored by Google and will be subject to Google’s privacy policies. To learn more about Google’s partner services and to learn how to opt out of tracking of analytics by Google click here.

Many of the third party advertisers that place tracking tools on our Site are members of programs that offer you additional choices regarding the collection and use of your information. You can learn more about the options available to limit these third parties’ collection and use of your information by visiting the websites for the Network Advertising Initiative and the Digital Advertising Alliance.

Similarly, you can learn about your options to opt-out of mobile app tracking by certain advertising networks through your device settings.

Please note that opting-out of advertising networks services does not mean that you will not receive advertising on other websites, nor will it prevent the receipt of interest-based advertising from third parties that do not participate in these programs. It will, however, exclude you from interest-based advertising conducted through participating networks, as provided by their policies and choice mechanisms.

This section describes our policies for handling information about End Users provided to us by our clients using our Services or other sources of their choosing. We provide our clients with the ability to create profiles of their End Users in order to effectively communicate with them via marketing communications tools like email, analytics services. To do this, our clients integrate our technology into their applications, websites, or other online services.

Our clients’ collection, use, and disclosure of data is separately governed by their privacy policies. Our clients may collect information about their users directly; in that case, each of our clients is responsible for ensuring that their data collection follows their privacy policies and terms of use.

In the course of providing Services to our clients, We collects customer information, purchases or product views (WITHOUT customer's emails, credit card information, customer's addresses, or any personally identifiable information (“PII”) ) about End Users of our clients. We uses this information to provide our Services to our clients.

We may automatically collect information about your use, navigation of, and interactions with our clients’ applications, websites, or other online services when our client has installed our technology on its properties.

Cookies that we set on our clients’ websites expire after three years and the expiration date updates every time you encounter our server. We retains standard web log data 5 years after you visit a client’s website, and aggregations and reports for up to 10 years after you visit a client’s website.

We collect information about End Users at our clients’ direction and may append information to End Users’ profiles from third party sources. We do this to provide our Services, which enable our clients to optimize their communications with, and understanding of, their End Users. We consider our clients’ End Users’ information to be confidential to that client. Accordingly, we do not disclose End User information to unaffiliated third parties except in response to our clients’ explicit instructions, as provided for in an agreement between us and our client, or as otherwise described in this Privacy Policy (for example, as necessary to respond to legal requirements).

We may provide services or sell products jointly with affiliated businesses. We may share End User information collected from our clients that is related to such transactions with those affiliated businesses. We require our affiliates, via contract, to provide the same level of privacy protection as set forth in this policy and they do not have the right to share or use PII for any purpose other than for an authorized transaction.

If we ever were to engage in any onward transfers of your data with third parties for a purpose other than which it was originally collected or subsequently authorized, we would provide you with an opt-out choice to limit the use and disclosure of your personal data.

We receive and store any information clients enter on the Site, through the Services, or provide to us in any other way. Clients can choose not to provide us with certain information, but then they may not be able to take advantage of many of our features. We use clients’ information for such purposes as responding to their requests for Services, customizing the content they see, communicating with them about our products, and marketing our Services to them.

In order for clients to use all of our features, they must register with us. We require clients’ e-mail addresses and passwords during the registration process.

Further information may be required if clients choose to purchase paid components of the Services, such as credit card and billing information. We uses third party partners for credit card processing who may require and store your credit card and billing information.

If a client purchases Avada’s online tools to collect and analyze user and usage data for its websites, applications, or services, we will communicate with it about the services it purchases by e-mail. Clients consent to receiving such confirmations by e-mail. If clients contact us via e-mail, we may retain a record of their contact information and any information they provide us in their messages to respond to them. We may receive a confirmation when clients open an e-mail from us.

We may also send e-mails with news or promotions. If clients do not want to receive news or promotional e-mail from us, please contact us at privacy@avada.io (this will not affect e-mails related to certain important, legal, or service-related messages such as outage information).

If you are a California resident, California law permits you to request certain information regarding the disclosure of your PII by us and our related companies to third parties for the third parties’ direct marketing purposes. To make such a request, please send your request, by mail or email, to the addresses listed at the end of this policy.

We employ other companies and people to perform tasks on our behalf and need to share client and End User information with them to provide products and services. Examples include billing, processing payments, providing marketing assistance, and providing customer service. Our agents use the same level of privacy protection as we do. Unless we tell you differently, Ưe does not share, and our agents do not have any right to use, PII collected from our Site and Services beyond what is necessary to assist us.

In some cases, we may change our ownership or corporate organization, or may choose to buy or sell assets. End User information may be transferred to another entity, its affiliates, or service providers in connection with the transaction. You acknowledge that such transfers may occur, and that Avada or its successor organization may continue to use your information as set forth in this policy.

We may release PII when we in our sole discretion believe in good faith that release is necessary or appropriate to comply with the law, enforce or apply our conditions of use and other agreements, or protect the rights, property, or safety of Avada, our employees, our clients, or others. We also may be required to disclose an individual’s PII in response to a lawful request by public authorities, including to meet national security or law enforcement requirements.

Clients’ Avada account information is protected by a password for your privacy and security as well as other reasonable security measures. We use reasonable safeguards to protect the security of clients’ information during transmission, including by encrypting all of the information clients input. Only employees or agents who need PII to perform a specific job are granted access to it. All of our employees are kept up to date on our privacy and security practices.

While we uses commercially reasonable means to secure information provided to us, we do not guarantee that such information will not be improperly accessed, disclosed, or destroyed by breach of any of our safeguards. Clients and End Users are responsible for the security of their information that is transmitted to us or that is viewed, downloaded, or otherwise accessed when using unencrypted, public or otherwise unsecured networks.

ou are able to access, add to, update, correct, amend, or delete certain information about you, including PII. When you update information, however, we often maintain a copy of the unrevised information in our records. A client may deactivate its Avada account by following the deactivation process set forth on the Site. Some information may remain in our records after account deletion. Please contact us at privacy@avada.io if you have questions or concerns about accessing, correcting, or deleting your PII.

EU and Swiss data subjects have a right to access their information. Please see the EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield Frameworks section below.

Your use of the Site and Services and any possible dispute over privacy are subject to this Privacy Policy and our Terms of Service, including limitations on damages, dispute resolution, and application of New York state law.

If you use our Websites outside of the United States, you understand and consent to the transfer of your personal information to, and the collection, processing, and storage of your personal information in, the United States and elsewhere. The laws in the U.S. and these countries regarding personal information may be different than the laws of your state or country.

Avada’s Site is not intended for children under the age of 18. Accordingly, we will not knowingly collect or use any PII from children that we know to be under the age of 18. If we become aware of PII in our database that was collected from a child under 18, we will delete such information.

For purposes of this section only, the following definitions shall apply:

“Agent” means any third party that collects or uses personal information under the instructions of, and solely for, Avada or to which Avada discloses personal information for use on Avada’s behalf.

“Personal information” means any information or set of information that identifies or could be used by or on behalf of Avada to identify (together with other information) a living individual. Personal information does not include information that is anonymized or aggregated. For the purposes of data received from Switzerland under the Swiss-U.S. privacy shield, personal information also includes ideological views or activities, information on social security measures or administrative or criminal proceedings and sanctions.

“Sensitive information” means any personal information that reveals race, ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, information that concerns health or sex life, and information about criminal or administrative proceedings and sanctions.

Avada Commerce, Inc. participates in and complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from the European Union and Switzerland to the United States, respectively. Avada has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the policies in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov/.

Notice: Avada receives personal information about individuals in the EEA and Switzerland collected by Avada and its clients, and personal information about clients in the EEA and Switzerland. The types of information collected and the uses of that information are described in the privacy policy above.

Avada will subject all personal information received via the EU-U.S. and Swiss-U.S. Privacy Shields to these Principles.

Choice: Avada will offer individuals the opportunity to choose whether their information is to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. An individual may opt-out of such uses of their personal information by contacting us at the address given below. Avada offers an opt-out to individuals whose personal information is disclosed to non-agent third parties. Additionally, Avada will not use sensitive personal information for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual unless Avada has received the individual’s affirmative and explicit consent (opt-in). Avada will treat as sensitive any personal information received from a third party where the third party identifies and treats it as sensitive.

Data Integrity: Avada will use personal information only in ways that are compatible with the purposes for which it was collected or subsequently authorized by the individual. Avada will take reasonable steps to ensure that personal information is relevant to its intended use, accurate, complete and current.

Transfers to Agents: Avada contracts with third parties who perform business functions on our behalf. Avada uses these third parties to assist with activities such as billing, processing payments, providing marketing assistance, and providing customer service. These entities may have access to personal information if needed to perform their functions for Avada.

For information received under the Privacy Shield, Avada will require its agents to safeguard personal information consistent with this Policy by contract, obligating the agent to provide at least the same level of protection as is required by the Privacy Shield Principles.

Under certain circumstances, Avada may bear liability for onward transfers of personal data where its agent processes personal data inconsistent with the Privacy Shield Principles, unless Avada proves that it is not responsible for the event giving rise to the damage.

Access and Correction: Upon request, Avada will grant individuals reasonable access to personal information that it holds about them. In addition, Avada will take reasonable steps to permit individuals to correct, amend, or delete information that is demonstrated to be inaccurate or incomplete. An individual may request to access their information, or otherwise correct, amend, or delete their information by contacting us at the address given below.

Security: See “Information Security,” above.

Avada will conduct compliance audits of its relevant privacy practices to verify adherence to this Policy. Any employee that Avada determines is in violation of this policy will be subject to disciplinary action.

Avada is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC).

In compliance with the EU-U.S. and Swiss-U.S. Privacy Shield Principles, Avada commits to resolve complaints about your privacy and our collection or use of your personal information. European Union or Swiss individuals with inquiries or complaints regarding this privacy policy should first contact Avada at privacy@avada.io or using the contact information below. Avada will investigate and attempt to resolve complaints regarding use and disclosure of personal information by reference to the principles in this policy.

Avada has further committed to refer unresolved privacy complaints under the EU-U.S. and Swiss-U.S. Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers/ for more information and to file a complaint.

Please note that if your complaint is not resolved through these channels, under limited circumstances, a binding arbitration option may be available before a Privacy Shield Panel.

If you have any questions or concerns regarding privacy at Avada, please send us a detailed message to privacy@avada.io or to Avada Commerce Inc. at 651 N Broad St, Suite 206, Middletown, DE 19709. Your privacy is important to us and we will make every effort to resolve your concerns.