Privacy Policy

Momentum Commerce, LLC and its subsidiaries and affiliates (“Momentum”, “we”, or “us”) knows that you value your privacy. This privacy policy explains the information we collect through the websites available via momentumcommerce.com and its subdomains where this privacy policy is posted or linked (collectively, the “Sites”). This policy describes how the above information is collected, used, shared, and secured, as well as your related choices regarding use, access and correction.

This policy does not apply to the information Momentum receives from the third-party websites, mobile apps and other digital products that use the services. When our customers use the services on their own websites and products, they remain responsible for their own privacy and security practices, which may differ from ours. You should consult the relevant privacy policies on our customers’ websites and products to find out more about their privacy practices and your related choices.

1. Information We Collect.

We collect the following categories of information, which may be considered personal information when maintained in identifiable form:

Content and information that you submit when using the Sites; this information includes, for example, information you provide in any blogs or forums on the Sites, information you submit related to any job posting, and information you provide when you participate in any interactive features or surveys;
Usage, viewing, logs, metrics and other device and technical data collected when you visit our Sites, use the services as an end user, or open or reply to emails we send. This may include information such as your web request, Internet Protocol (“IP”) address, device identifiers, device information (such as OS type or browser type), cookie IDs, referring / exit pages and URLs, interaction information (such as clickstream data), domain names, pages viewed, crash data, and other similar technical data;
Information about you and your company collected from third party or public sources or that we receive from companies that partner with us to provide products and services; this may include information about you and your company we receive from our advertising and market research partners, who may provide us with information about your interest in and engagement with our online advertisements; and
Location information when you visit our Sites or use our service, including location information either provided by a mobile device interacting with one of our sites or applications or associated with your IP address.

We may also collect non-personally identifiable information. We may use both personal information and non-personally identifiable information to create aggregate information.

2. How We Collect Information From You.

We collect information from you when you submit it to us, for example, when you request products, services, or information from us, register for an account, register to participate in a conference on our Site, participate in public forums on the Site, or respond to our customer surveys.

We may also:

automatically collect usage, analytics, viewing, logs, metrics and other device and technical data when you access our Sites or use the service as an end user. For example, when you access our Sites or log into the service, our servers will automatically record certain information about your device and browser, and we may collect usage, clickstream, event data, crash data, and other technical data. We, our advertising partners and our service providers may also use technologies such as cookies, beacons, tags, Local Storage Objects (LSOs) (such as HTML5 and Flash LSOs) and scripts to collect this information.
obtain information about you from our resellers or other third-party partners, for example, if you purchase access to the services through one of these partners;
acquire information from public sources or from third-party sources, such as our advertising and market research partners, including to update or enhance the other information collected about you. Local law may require that you
authorize the third party to share your information with us before we can acquire it; and automatically acquire information when you reply to or interact with an email we send, such as to track your engagement with our messages or when your replies to our messages contain additional email addresses.

3. How We Use Information.

We may use the information collected to:

process your requests and respond to your questions and concerns; for example, if you inquire about our services or submit an application to Momentum, we may use your data to respond to and process these requests;
provide you with products and services, and personalize your experience; for example, we may use information on your prior activities or job function to tailor the features and content on the Sites, or we may use technical data to remember your preferences;
communicate with you about your account or transactions, and provide you with product-related communications, such as information about new features and policy updates;
operate, maintain, analyze, develop, update and improve our Sites and other products and services we offer. For example, we may administer and track users’ activities on our Sites to determine how to improve our content and features, or we may analyze trends and gather demographic information about our user base to better tailor our marketing efforts;
detect, investigate and prevent activities that may violate our policies, including our Terms of Service, or applicable laws (such as fraud detection and prevention) or that may threaten the security, integrity or availability of our or another party’s products, systems and services;
send you news, updates, promotions, product information, event announcements, and other marketing communications. Please contact us at optout@momentumcommerce.com if you wish to opt out;
act pursuant to your consent for a specific purpose not listed in this policy.

We also use aggregated information, such as usage data, for other lawful purposes, such as to create blog posts and content that others may find useful.

4. Sharing Information with Others.

We do not share your personal information outside of Momentum except in certain circumstances, including:

When you allow us to share the information, such as when you:
- Elect to share your personal information with third party partners and providers listed on our Sites, so they can send you information, offers and promotions about their products and services;
- Choose to share your personal information with third parties or their sites or platforms, such as when you share one of our blog posts to your social media feed;
- Publish information publicly on our Site. Any such personal information shared by you will be available to others who may collect or use it; or
- Use third-party features on our Site, such as commenting features run by third-parties.
Please note that once personal information is shared with another company, the information received by the other company becomes subject to its privacy policies and practices.
When we cooperate with other companies, such as our partners, to offer joint products and services to you in connection with our services, or when such partners sponsor or participate in our events and conferences;
When our service providers are providing services on our behalf. For example, we may use an outside platform to host portions of our Sites;
To enforce our terms, agreements, policies or rules, to help protect the security, integrity and availability of our or another party’s products, systems and services; to exercise or protect the rights, property (including intellectual property), or safety of Momentum, our users, or others; to comply with legal requirements; or in other cases if we believe in good faith that disclosure is required by law (including in response to a lawful subpoena or other law enforcement request); and
In connection with a sale, divesture, or transfer of our company (including any shares in the company) or any combination of its products, services, assets, affiliates, and/or businesses. Your personal information (such as customer names and email addresses) may be among the items acquired in these types of transactions. We may also sell, assign or otherwise transfer such information in the course of corporate divestitures, mergers, acquisitions, bankruptcies, dissolutions, reorganizations, liquidations, similar transactions or proceedings involving all or a portion of the company. You will be notified via email and/or a prominent notice on our Site of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.

We may also share aggregated information (such as usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) for other business purposes. For instance, we may share aggregate reports with interested third parties to help them understand the usage patterns for certain services or for our Sites or those of our partners.

5. Your Controls and Choices.

We provide you with certain controls and choices regarding the use of your personal information, which may include:

Changing your choices for marketing communications. You can opt-out of the marketing communications we send by clicking the unsubscribe link in the applicable email (if available) or by emailing us at email us at optout@momentumcommerce.com. Please note that, even after you opt out from receiving marketing messages from us, you may continue to receive transactional and product-related messages.
Cookies and Other Technologies. You also may be able to opt-out of certain cookies, targeted advertising and other technologies.

In many circumstances, you can exercise these choices yourself using the tools described above. If you cannot do so, please contact us at optout@momentumcommerce.com to discuss your options. We will respond to your request within 30 days. Please be aware that, if you do not allow us to collect personal information from you, we may not be able to deliver certain products, features and services to you, and some of our products and services may not work appropriately or be able to take account of your interests and preferences.

6. Children’s Privacy.

Protecting the privacy of young children is especially important. For that reason, Momentum does not knowingly collect or solicit personal information from anyone under the age of 13. In the event that we learn that we have collected personal information from a child under age 13, we will delete the information we have stored as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us as indicated in the “Contact Us” section below.

7. Storage and Processing.

Your information may be stored and processed in – and we may transfer information to – the U.S. and other countries where Momentum (including its subsidiaries and affiliates) and service providers maintain systems and facilities. In addition, information that we collect about you (including personal information) may be transferred to our affiliated entities and/or to other third parties across borders and/or from your country to other countries around the world.

You acknowledge that we may transfer information to the U.S., to any country in which Momentum, its advertising partners, and its service providers maintain systems or facilities, and to other countries globally.

If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, you acknowledge that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, consistent with our legal obligations governing the transfer of such data.

8. Data Security and Integrity.

Momentum is concerned about the security of your data. We have implemented technical and organizational security measures that are designed to help protect your information from unauthorized access, disclosure, use and modification. From time-to-time, we review our security procedures to consider appropriate new technologies and methods.

Please be aware, though, that despite our efforts, no security measures are perfect or impenetrable. We cannot ensure, and do not warrant or guarantee, that the information you transmit to Momentum will remain secure, nor do we guarantee that this information will not be accessed, disclosed, altered, destroyed or used in an unauthorized manner.

If we learn of a security breach, we may attempt to notify you electronically so that you can take appropriate protective steps. We may also post a notice on the Site if a security breach occurs. Depending on where you live, you may have a legal right to receive a notice of a security breach in writing.

9. Data Retention.

How long we keep the personal information we collect depends on the type of information, the purpose for which it is used, how sensitive it is, and similar factors. In general, we will retain your personal information for the length of time reasonably needed to fulfill the purposes outlined in this privacy policy (including for as long as need to provide you or our customer with products and services), unless a longer retention period is required or permitted by law. We will also retain and use your information for as long as necessary to resolve disputes and/or enforce our rights and agreements. We retain your account information for the services for as long as your employer’s account is active and thereafter unless your employer requests deletion. Aggregated information may be stored indefinitely.

10. Third Party Sites, Services and Applications.

In General. We are not responsible for the practices employed by websites, applications, or services linked to or from the services or Sites, including the information or content contained there. Please remember that your browsing and interaction on any third-party website, service or application, including those that have a link or advertisement on our Site, are subject to that third party’s own rules, policies, and practices, and not our privacy policy.
Notice to End Users of the services. The services are primarily intended for use by organizations. Where the services are made available to you through an organization (such as your employer), that organization is responsible for administering the accounts over which it has control. If this is the case, please direct your data privacy questions and requests to your administrator. We are not responsible for the privacy or security practices of your administrator’s organization, which may be different than this policy.

11. Analytics.

We may use third-party Service Providers to monitor and analyze the use of the services.

GOOGLE ANALYTICS

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network.

For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en.

We also encourage you to review the Google’s policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.

12. CI/CD tools.

We may use third-party Service Providers to automate the development process of the services.

GITHUB

GitHub is provided by GitHub, Inc.

GitHub is a development platform to host and review code, manage projects, and build software.

For more information on what data GitHub collects for what purpose and how the protection of the data is ensured, please visit GitHub Privacy Policy page: https://help.github.com/en/articles/github-privacy-statement.

13. Behavioral Remarketing.

Momentum uses remarketing services to advertise on third party websites to you after you visit the Sites. Momentum and our third-party vendors may use cookies to inform, optimize, and serve ads based on your past visits to the Site.

GOOGLE ADS (ADWORDS)

Google Ads (AdWords) remarketing service is provided by Google, Inc.

You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page: http://www.google.com/settings/ads

Google also recommends installing the Google Analytics Opt-out Browser Add-on – https://tools.google.com/dlpage/gaoptout – for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.

For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en.

BING ADS REMARKETING

Bing Ads remarketing service is provided by Microsoft, Inc.

You can opt-out of Bing Ads interest-based ads by following their instructions: https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads.

You can learn more about the privacy practices and policies of Microsoft by visiting their Privacy Policy page: https://privacy.microsoft.com/en-us/PrivacyStatement.

TWITTER

Twitter remarketing service is provided by Twitter, Inc.

You can opt-out from Twitter’s interest-based ads by following their instructions: https://support.twitter.com/articles/20170405.

You can learn more about the privacy practices and policies of Twitter by visiting their Privacy Policy page: https://twitter.com/privacy.

FACEBOOK

Facebook remarketing service is provided by Facebook Inc.

You can learn more about interest-based advertising from Facebook by visiting this page: https://www.facebook.com/help/164968693837950.

To opt-out from Facebook’s interest-based ads, follow these instructions from Facebook: https://www.facebook.com/help/568137493302217.

Facebook adheres to the Self-Regulatory Principles for Online Behavioral Advertising established by the Digital Advertising Alliance. You can also opt-out from Facebook and other participating companies through the Digital Advertising Alliance in the USA http://www.aboutads.info/choices/, the Digital Advertising Alliance of Canada in Canada http://youradchoices.ca/ or the European Interactive Digital Advertising Alliance in Europe http://www.youronlinechoices.eu/, or opt-out using your mobile device settings.

For more information on the privacy practices of Facebook, please visit Facebook’s Data Policy: https://www.facebook.com/privacy/explanation

Linkedin remarketing service is provided by LinkedIn Corporation.

You can opt-out from LinkedIn’s interest-based ads by following their instructions: https://www.linkedin.com/help/linkedin/answer/62931/manage-advertising-preferences.

You can learn more about the privacy practices and policies of LinkedIn by visiting their Privacy Policy page: https://www.linkedin.com/legal/privacy-policy.

14. Regional Notices.

EEA DATA SUBJECTS:

If you are an individual in the European Economic Area (EEA), we collect and process information about you only where we have legal bases for doing so under applicable EU laws. The legal bases depend on the Sites and/or services you use and how you use them. This means we collect and use your information only where:

We need it to provide or operate the Sites services, including to provide customer support and process your orders, requests, questions and concerns;
It satisfies another legitimate interest that is not overridden by your data protection interests, including our interest in:
- collecting product usage, analytics and performance data relating to our Sites and the services, in order to maintain, analyze, develop, update, and improve our products and services;
- maintaining records of bugs, customer support requests and similar requests you file, and our response to these requests;
- using information to personalize content and features on our Sites and the services;
- detecting, investigating and preventing activities that may violate our policies or applicable laws (such as fraud detection and prevention);
- maintaining corporate or business records consistent with our retention policies and applicable laws;
- protecting against activities that may threaten the security, integrity, or availability of our or another party’s products, systems, and services; and
- for marketing and selling our products and services, consistent with applicable laws.
We are processing your information to protect our legal rights;
You give us consent to process your personal data;
We need to process your data to comply with a legal obligation, such as a lawful subpoena or law-enforcement request or to fulfill the lawful instructions of our customers (when they are acting as the controller); and/or
We have another lawful basis for processing in accordance with applicable EU laws.

If an individual in the EEA has consented to our use of their personal information, and our processing is based on that consent, that individual has the right to withdraw their consent in accordance with the General Data Protection Regulation (“GDPR”), but this will not affect any processing that has already taken place. If you object to or restrict processing, you may not be able to use the Sites and services or certain features any longer.

Where we are using your information because we or a third party (e.g. your employer) have a legitimate interest to do so, individuals in the EEA have the right to object to that use as specified in Article 21 of the GDPR, though, in some cases, this may mean no longer using the Sites or service. Momentum further acknowledges that EEA data subjects have certain other rights under the GDPR, including the right to lodge a complaint with a supervisory authority and to request from the controller access to, and rectification or erasure of, personal data, restriction of processing concerning the data subject, and data portability (in each case, as specified under the GDPR).

Where Momentum is acting as a controller, by contacting us as specified in the “Contacting Us” section below. Please note that these requests apply only to information that Momentum holds as a “controller.” If your request relates to the personal data collected through a customer’s websites or digital products, you should direct your request to the owner of that website or product. Please note that you must verify your identity and request before Momentum will process your request. You may be required to provide email confirmation or other information in order for us to verify your identity.

Finally, EEA and Swiss data subjects can contact Momentum’s data protection officer by emailing dataprivacy@momentumcommerce.com.

CALIFORNIA RESIDENT NOTICES

California Consumer Privacy Act
Effective January 1, 2020, the California Consumer Privacy Act of 2018 (the “CCPA”) allows consumers who are California residents, upon a verifiable consumer request, to request from a business:

Delete any personal information about the consumer which the business has collected from the consumer;
Disclose to the consumer certain information about the personal information that the business collects from the consumer; and
Direct a business that sells personal information about the consumer to third parties not to sell the consumer’s personal information

Momentum does not sell any consumer personal information to third parties. To submit a data access or data deletion request, please email us at dataprivacy@momentumcommerce.com or call us at 1.866.982.2586. Please note that these requests apply only to information that Momentum holds as a “controller.” If your request relates to the personal data collected through a customer’s websites or digital products, you should direct your request to the owner of that website or product. Please note that you must verify your identity and request before Momentum will process your request. You may be required to provide email confirmation or other information in order for us to verify your identity. Consistent with California law, if you choose to exercise your rights, you will not receive discriminatory treatment by Momentum.

Under certain circumstances, you may designate an authorized agent to make a request on your behalf. In order to designate an authorized agent to make a request on your behalf, you must provide a valid power of attorney, your valid government issued identification, and the authorized agent’s valid government issued identification to allow Momentum to verify that the agent is authorized to make the request on your behalf.

California’s Shine the Light Law. CA Civil Code § 1798.83 permits California residents to request and obtain from Momentum once a year, free of charge, a list of the third parties to whom Momentum may have disclosed their personal information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those third parties. As a general policy, Momentum does not share personal information with third parties for their own direct marketing purposes without your prior consent. Accordingly, you can prevent disclosure of your personal information to third parties for their direct marketing purposes by withholding consent. Please contact us at dataprivacy@momentumcommerce.com if you would like to make such a request.

15. Do Not Track and Cross-Site Tracking.

Do Not Track is a privacy preference that users can set in their web browsers. When a user turns on the Do Not Track signal, the browser sends a message to websites requesting them not to track the user. For information about Do Not Track, visit www.allaboutdnt.org. At this time, we do not respond to Do Not Track browser settings or signals. In addition, some of our advertising partners, and other third-party services and tools on our Site and/or the service, may use standard technologies, such as cookies, pixel tags, and web beacons, to collect information about your internet activities across websites. You may be able to disable certain third-party cross-site tracking as described in the “Your Choices” section above.

16. Changes to Our Privacy Policy; Notices.

From time-to-time, we may change this privacy policy to accommodate changes to our products, services and companies, new technologies or industry practices, updated regulatory requirements, or for other purposes. We will provide notice to you (as described below) if these changes are material.

Notices may be by email to the last email address you provided us, by posting notice of such change on our Site or the service, or by other communication channels. You consent to receiving notices in these ways. We reserve the right to determine the form and means of providing notifications to you, consistent with applicable law.

17. Contacting Us.

If you have any questions about this Privacy Policy or our privacy practices, please contact us at dataprivacy@momentumcommerce.com, or send mail to:

Momentum Commerce, LLC, Attn: Legal Department 2845 W. 7th Street, Ft. Worth, TX 76107