Privacy Policy

1. Introduction

Pulse Commerce and our affiliates and partners collect and process a lot of information in order to provide our products and services. This Privacy Policy is intended to help you better understand how we collect, use and store your personal information—whether you are a merchant or end user that uses Pulse Commerce products, applications or services (together, the “Services”), a customer that shops at a store using our technology, or whether you’re simply visiting this website. By using any of Pulse Commerce’s Services, or by dealing with a merchant using Pulse Commerce’s Services, you are agreeing to the terms of this Privacy Policy.

We may update this Privacy Policy from time to time without notice. By continuing to use this Website or Pulse Commerce’s Services after these changes are posted, you agree to the revised policy.

2. Merchant Responsibility

If you are a merchant, your customers need to understand how you (and how Pulse Commerce) collects and processes their personal information. Accordingly, if you use the Services, you agree to post an up-to-date and accurate privacy policy on your storefront that complies with the laws applicable to your business. You also agree to obtain consent from your customers for the use and access of their personal information by Pulse Commerce and other third parties. In addition, if you are collecting any sensitive personal information from your customers (including information relating to medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or sexuality), you agree to obtain affirmative, express consent from your customers for the use and access of sensitive personal information by Pulse Commerce and other third parties.

3. Use of Merchant Personal Information

We collect your name, company name, address, email address, phone number(s) and payment details (for example, your banking information) when you sign up for our Services, when you access our Services or otherwise provide us with the information, for the purpose of providing you with our Services; for example, to confirm your identity, verify your account, contact you, inform you about updates to our Services, work with you through Technical Support, screen your account for risk or fraud concerns, and to invoice you. We also use this information to make sure that we comply with legal requirements, and in other cases where you have given us your express permission.

We collect data about the Pulse Commerce websites that you visit. We also collect data about how and when you access your account and the Pulse Commerce platform, including information about the device and browser you use, your network connection, and your IP address to give you access to our Services.

We collect personal information about your customers that you share with us or that customers provide while shopping or during checkout to provide you with our Services and so that you can process orders and better serve your customers.

4. Use of Customer Personal Information

We handle information relating to our merchants’ customers or end users as a service provider on behalf of our merchants. We collect our merchants’ customers’ name, email, shipping and billing address, payment details, company name, phone number, IP address, information about orders you initiate, information about the Pulse Commerce-supported merchant stores that you visit, and information about the device and browser you use when you use or access a store that uses our Services, such as when you visit a merchant’s site, place an order or sign up for an account on a merchant’s site.

We use this information to provide our merchants with the Services, including supporting and processing orders, risk and fraud screening, authentication, and payments. We also use this information to improve our Services.

5. Disclosure & Processing of Personal Information

Pulse Commerce works with a variety of third parties and service providers to help provide merchants and customers with our Services and we may share personal information with them to support these efforts, including the following:

• • to prevent, investigate, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others, or any other agreement related to the Services, or as otherwise required by law.
  • to conform to legal requirements, or to respond to lawful court orders, subpoenas, warrants, or other requests by public authorities (including to meet national security or law enforcement requirements).
  • to provide services such as website hosting, data analysis, payment processing, order fulfillment, information technology and related infrastructure provision, customer service, email delivery, auditing and other services.
  • to transfer personal information as instructed by a merchant whose store you visit or access (for example, if they use a third-party app that accesses customer personal information).

Personal information may also be shared with a company that acquires our business, whether through merger, acquisition, reorganization, or other similar transaction or proceeding.

When we disclose or process personal information, we do so where we believe the nature of the processing, the information being processed, and the technical and organizational measures employed to protect that information can help mitigate the risks to the data subject.

6. Use of Website Visitor Information

As you visit or browse the Pulse Commerce websites, we collect information about the device and browser you use, your network connection, your IP address, and information about the cookies installed on your device. We also collect personal information submitted by you via telephone and any messaging feature available from any of our websites, including contact us pages, web form such as support requests, demo requests, newsletter or webinar registrations, etc., as well as via telephone support. We may collect your name, email address, website pages visited, phone number, call audio, and other personal information you provide us during a call or message thread with a Pulse Commerce representative. We use this information to provide and enhance our Services (including supporting or servicing your account, if applicable), and answer any questions you may have.

7. Use of Cookies, Pixel Tags and Other Technologies

Cookies are ubiquitous small pieces of information stored directly on the device that you are using that allow us to collect information such as browser type, time spent on the Services, pages visited, language preferences, and other anonymous traffic data. We use cookies to recognize your device and provide you with a personalized experience on our websites, or otherwise through the Services. We also use cookies as part of the Services, for example to operate the shopping cart for our merchants’ stores.

We may also use web beacons, software development kits, and other automated tracking methods on our websites, in communications with you, and in our products and services, to measure performance and engagement. We do not respond to do-not-track signals. We engage in cross-site tracking, such as retargeting campaigns.

Most browsers allow you to automatically decline cookies or be given the choice of declining or accepting a particular cookie (or cookies) from a particular website if you do not wish for that website to collect information about you. You may refer to http://www.allaboutcookies.org/manage-cookies/index to learn more. If you do not accept cookies, however, you may experience some inconvenience or functionality issues in your use of Pulse Commerce’s Services.

8. Third Party Services

Pulse Commerce’s platform allows merchants to connect their stores with third party applications to alter or provide new functionalities in their store. Pulse Commerce is not responsible for and has no control over how these services function. Merchants are responsible for making sure that they function in compliance with relevant privacy and data protection requirements.

9. Retention Period

We will retain your Personal Information for as long as needed or permitted in light of the purpose(s) for which it was obtained. The criteria used to determine our retention periods include: (i) the length of time we have an ongoing relationship with you and provide the Services to you; (ii) when we have legal obligation to which we are subject; or (iii) as advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations.

Once you terminate your relationship with us, we generally will continue to store archived copies of your personal information for legitimate business purposes and to comply with the law, except when we receive a valid erasure request, or, if you are a merchant, you terminate your account and your personal information is purged pursuant to our standard purge process.

10. Jurisdiction and Cross-Border Transfer

Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers, and by using the Services you consent to the transfer of information to countries outside of your country of residence, including the United States, which may have data protection rules that are different from those of your country. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your Personal Information.

If you are located in the EEA: Some of the non-EEA countries are recognized by the European Commission as providing an adequate level of data protection according to EEA standards. For transfers from the EEA to countries not considered adequate by the European Commission, we have put in place adequate measures, such as standard contractual clauses adopted by the European Commission to protect your Personal Information.

11. Security

We seek to use reasonable organizational, technical and administrative measures designed to protect Personal Information within our organization. We follow industry standards on information security management to safeguard sensitive information, such as financial information, intellectual property, and any other personal information entrusted to us. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure, please Contact Us immediately.

12. Choices & Access

Pulse Commerce understands that you have rights over your personal information, and takes reasonable steps to allow you to access, correct, amend, delete, port, or limit the use of your personal information. If you are concerned about data collected as you visit Pulse Commerce’s websites or use our Services, please Contact Us to make the required changes. If you are a merchant’s customer and wish to exercise these rights, please contact the merchants you interacted with directly — we serve as a processor on their behalf, and can only forward your request to them to allow them to respond. It’s important to remember that if you delete or limit the use of your personal information, the Services may not function properly; for example, order details and history.

If you have any questions about this Privacy Policy, please contact us at privacy@pulse-commerce.com or:

Legal/Privacy Department
Pulse Commerce
855 Main Street
Suite 400
Bridgeport, CT 06604