PERSONAL INFORMATION WE COLLECT
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information”.
We collect Device Information 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.
Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers and bitcoin), email address, and phone number. We refer to this information as “Order Information”.
HOW DO WE USE YOUR PERSONAL INFORMATION?
We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:
- Communicate with you;
- Screen our orders for potential risk or fraud; and
- When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).
SHARING YOUR PERSONAL INFORMATION
We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Shopify to power our online store--you can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy. We also use Google Analytics to help us understand how our customers use the Site -- you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
You can opt out of targeted advertising by using the links below:
- Facebook: https://www.facebook.com/settings/?tab=ads
- Google: https://www.google.com/settings/ads/anonymous
- Bing: https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads
Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.
DO NOT TRACK
Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.
If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.
Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.
When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e‑mail at email@example.com or by mail using the details provided below:
[Re: Privacy Compliance Officer]
110 Bond Street, Toronto, Ontario M58 1X8
This Shopify Data Processing Addendum (“Addendum”) amends the Shopify Terms of Service (the “Agreement”) by and between you and Shopify Inc., a Canadian corporation with offices at 151 O’Connor Street, Ground floor, Ottawa, ON, K2P 2L8, on behalf of itself, its Singaporean affiliate Shopify Commerce Singapore PTE. LTD., and its Irish affiliate Shopify International Ltd. (collectively “Shopify”).
“Data Protection Legislation” means European Union Regulation 2016/679 (the “General Data Protection Regulation”) or California Civil Code Section 1798.100-1798.199 (the “California Consumer Privacy Act of 2018”), as applicable, and any legislation and/or regulation implementing or made pursuant to it, or which amends or replaces any of it;
“Data Processor”, “Data Controller”, “Data Subject”, “Processing”, “Subprocessor”, and “Supervisory Authority” shall be interpreted in accordance with the General Data Protection Regulation;
“Service Provider” shall be interpreted in accordance with the California Consumer Privacy Act of 2018;
“Personal Data” as used in this Addendum means information that relates to, or could reasonably be linked with, to an identifiable or identified Data Subject who visits or engages in transactions through your store (a “Customer”), which Shopify Processes as a Data Processor or Service Provider in the course of providing you with the Services. Notwithstanding the foregoing sentence, Personal Data does not include information that Shopify Processes in the context of services that it provides directly to a consumer, such as through its consumer-facing applications like Shop and Shop Pay;
“Data Subject Request” as used in this Addendum means a request for access, erasure, rectification, or portability of your Customer’s Personal Data; and
All other capitalized terms in this Addendum shall have the same definition as in the Agreement.
Where a Data Subject is located in the European Economic Area, that Data Subject’s Personal Data will be Processed by Shopify’s Irish affiliate, Shopify International Ltd. As part of providing the Services, this Personal Data may be transferred to other regions, including to Canada and the United States. Such transfers will be completed in compliance with relevant Data Protection Legislation.
When Shopify Processes Personal Data in the course of providing the Services, Shopify will:
Process the Personal Data as a Data Processor and/or Service Provider, only for the purpose of providing the Services in accordance with documented instructions from you (provided that such instructions are commensurate with the functionalities of the Services), and as may subsequently be agreed to by you. If Shopify is required by law to Process the Personal Data for any other purpose, Shopify will provide you with prior notice of this requirement, unless Shopify is prohibited by law from providing such notice;
You acknowledge that Shopify acts as an independent Data Controller with regards to Customer Personal Data that it collects directly from consumers through its consumer-facing applications and services like Shop and Shop Pay;
As part of providing the Services, Shopify transfers Personal Data at your instruction to MaxMind, a fraud detection service that processes Personal Data to provide you with risk scores to help you avoid fraudulent transactions. In this capacity, MaxMind acts as an independent Data Controller with regards to any Customer Personal Data that they may process and we are not responsible for how they process such data. You can find more information about MaxMind’s privacy practices here: www.maxmind.com/en/privacy-policy;
notify you if, in Shopify’s opinion, your instruction for the Processing of Personal Data infringes applicable Data Protection Legislation;
notify you promptly, to the extent permitted by law, upon receiving an inquiry or complaint from a Supervisory Authority relating to Shopify’s Processing of the Personal Data;
implement reasonable technical and organizational measures enabling you to execute Data Subject Requests that you are obligated to fulfil;
implement and maintain appropriate technical and organizational measures to protect the Personal Data against unauthorized or unlawful processing and against accidental loss, destruction, damage, theft, alteration or disclosure. These measures shall be appropriate to the harm which might result from any unauthorized or unlawful processing, accidental loss, destruction, damage or theft of Personal Data and appropriate to the nature of the Personal Data which is to be protected;
upon request, provide reasonable information to help the Customer complete the Customer’s data protection impact assessments.
provide you, upon request, with up-to-date attestations, reports or extracts thereof where available from a source charged with auditing Shopify’s data protection practices (e.g. external auditors, internal audit, data protection auditors), or suitable certifications, to enable you to assess compliance with the terms of this Addendum;
notify you without undue delay upon becoming aware of and confirming any accidental, unauthorized, or unlawful processing of, disclosure of, or access to the Personal Data;
ensure that its personnel who access the Personal Data are subject to confidentiality obligations that restrict their ability to disclose the Customer Personal Data; and
upon termination of the Agreement, Shopify will promptly initiate its purge process to delete or anonymize the Personal Data. If you request a copy of such Personal Data within 60 days of termination, Shopify will provide you with a copy of such Personal Data.
In the course of providing the Services, you acknowledge and agree that Shopify may use Subprocessors to Process the Personal Data. Shopify’s use of any specific Subprocessor to process the Personal Data must be in compliance with Data Protection Legislation and must be governed by a contract between Shopify and Subprocessor that requires comparable protections to this Data Processing Addendum. A current list of Subprocessors may be found online at: https://help.shopify.com/en/manual/your-account/privacy/GDPR/subprocessors. If you object to the appointment of a Subprocessor you may terminate this agreement in accordance with our Terms of Service and your Shopify Plus Agreement, if applicable.
In the event of any conflict or inconsistency between the provisions of the Agreement and this Addendum, the provisions of this Addendum shall prevail. For avoidance of doubt and to the extent allowed by applicable law, any and all liability under this Addendum, including limitations thereof, will be governed by the relevant provisions of the Agreement. You acknowledge and agree that Shopify may amend this Addendum from time to time by posting the relevant amended and restated Addendum on Shopify’s website, available at https://www.shopify.com/legal/dpa and such amendments to the Addendum are effective as of the date of posting. Your continued use of the Services after the amended Addendum is posted to Shopify’s website constitutes your agreement to, and acceptance of, the amended Addendum. If you do not agree to any changes to the Addendum, do not continue to use the Service.
Save as specifically modified and amended in this Addendum, all of the terms, provisions and requirements contained in the Agreement shall remain in full force and effect and govern this Addendum. If any provision of the Addendum is held illegal or unenforceable in a judicial proceeding, such provision shall be severed and shall be inoperative, and the remainder of this Addendum shall remain operative and binding on the parties.
The terms of this Addendum shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Province of Ontario with respect to any dispute or claim arising out of or in connection with this Addendum.