GROUPBY PRIVACY POLICY

GroupBy, Inc. and its affiliates, including, without limitation, GroupBy USA, Inc., (collectively referred to herein as “GroupBy”, “the Company”, “us”) is a software-as-a-service (“SaaS”) company with offices in Toronto, Ontario, Canada, Austin, Texas, San Francisco, California, and London, United Kingdom. GroupBy provides its customers a data-driven e-commerce platform utilizing personal relevance.

At GroupBy, we care about your privacy, and take matters seriously. This privacy policy is an outline of the ways in which we collect and use the personal information you provide and describes the choices available to you and the rights that you have regarding our use of your Personal Information and how you can access and update this Personal Information. “Personal information” refers to information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. For example, contact information, such as your name, e-mail address, phone number, or mailing address, is Personal Information.

If you have any questions or concerns about our use of your personal information, then please contact us using the contact details provided at the bottom of this privacy policy.

This privacy policy is divided into several parts:

Part 1 applies to information about visitors to our website, www.groupbyinc.com. In this privacy policy, www.groupbyinc.com is referred to as the “Website” and visitors to the website are referred to as “Website Users”.

Part 2 applies to information provided by customers of our platform and related services. In this privacy policy, the platform and services will be referred to as “Services” and our customers will be referred to as “Customers”.

Part 3 is our cookie policy.

Part 4 applies to international residents.

Part 5 applies to all information that we may collect and process, including information described in Parts 1, 2, 3 and 4.

PART 1: THE WEBSITE

What information does GroupBy collect on its Website?

When you browse our Website, we receive Information that helps us learn about your browser and operating system. There are ways to control your browser settings to indicate when we have set a cookie in your browser, and you have the ability to control our use of cookies and third-party analytics with respect to your use of Website (please see the section on cookies below). Please note that disabling certain cookies may prevent the Website from functioning properly. Your device may also have controls that determine the information collected. Browser and operating system information, if provided by you, helps us analyze trends in the aggregate and improve and administer our Website. If you consent to our use of cookies and third party analytics, this Information may include your IP address, your browser type, your internet service provider, the pages you viewed, your searches, your operating system and system configuration information, and date/time stamps associated with your usage.

Any information you choose provide on our Website will be stored. For example, if you register on our Website via the “Contact Us” form, we will use the Information you provide (first name, last name, email, company name, phone number, etc.) in order to contact you for internal business purposes – for example, to contact you regarding our Services or promotions regarding our Services, respond to your request, question or concern, to send you newsletters and marketing emails in accordance with your marketing and communication preferences, and/or to improve our web site and marketing efforts.

The Personal Information that you provide directly to us through the Website will be apparent from the context in which you provide the data. For example, our “Contact Us” includes a check box for you to consent to receive emails and other marketing information from us.

For the avoidance of doubt, this privacy policy also applies to any access to the Website via a mobile device or any other device.

How do you use information collected via the Website?

We use the Information we collect to help our Website to create a better experience for you. We use the non-personal information that we collect for such purposes as: counting and recognizing visitors to the Website; analyzing how visitors use the Website; improving the Website; enhancing users’ experiences with the Website; enabling additional website analytics and research concerning the Website; and managing our business, and to comply with legal and/or regulatory requirements.

If you consent to receiving such emails by registering on our Website to be on the mailing list via the “Contact Us” form, we may send you emails and newsletters about our Website. These emails may include other updates, promotions and GroupBy advertisements.
We may link non-personal Information gathered using cookies with Personal Information, but we will treat the combined information as Personal Information.

How do you get my consent?

By using the Website (as clearly described on the Website and in this Privacy Policy) you consent to our collection and use of your Personal Information as described herein, consistent with applicable data protection laws.

You provide your consent to our using specific information in accordance with this privacy policy when you enter your Personal Information into various fields. There is an indicator on each page that collects this information notifying you that the information will be used in accordance with this privacy policy.

How do I modify Information or withdraw my consent?

You are responsible for providing us with accurate information, if you choose to provide it. Please be sure to update your information with us should it change. For example, if you wish to be on our email mailing list, and your email address changes, please let us know.

If you no longer wish for us to continue to collect your Personal Information, you may stop using the Website at any time.

You may unsubscribe from our email mailing list by using the “unsubscribe” feature located at the bottom of the email you received from us.

You may block cookies in accordance with the Cookie Policy set forth in Part 3 (please note this may prevent the website from functioning properly).

You may choose not to complete any forms on our Website or leave fields for information that you do not wish to provide blank. (Please note that this may prevent us from responding to your question, concern, or request. For example: if you do not provide us with your email address, we cannot email you information regarding our Services.)

Google Analytics

The Website uses Google Analytics to help collect and analyze certain information for the purposes discussed above. Google Analytics may set and/or access a cookie and/or web beacon. You may opt out of the use of cookies by Google Analytics here. Google’s privacy policy is located here https://policies.google.com/privacy and information about how Google uses partner information is located here: https://policies.google.com/privacy/partners. Google Analytics is governed by Google’s privacy policy (and not GroupBy’s policies), so we advise you to please read the privacy statements linked above.

Social Media

The Website may link to third-party websites that incorporate comment and social media features, including, without limitation: Facebook, LinkedIn, Twitter, and Instagram. The Site may also contain a Facebook “like” button and a Facebook “share” button, A LinkedIn “share” button, and a Twitter “tweet” and “follow” button.

These features may collect Information including your IP address, which pages you visit on our Website, and may set a cookie to enable the feature to function properly. If you choose to use these features, you may disclose your Information not just to those third-party websites and services, but also to their users and the public more generally. Because these third-party websites and services are not operated by GroupBy, GroupBy is not responsible for the content or practices of those websites or services. The collection, use, and disclosure of your personal and non-personal information will be subject to the privacy policies of the third party websites or services, and not GroupBy’s policies. We advise you to please read the third party privacy policies.

Links to 3rd party sites

Our Website may include links to other websites whose privacy practices may differ from those of GroupBy. If you submit Personal Information to any of those websites, your information is governed by the applicable privacy policy for that website (and not GroupBy’s policies). We encourage you to carefully read the privacy policy of any website you visit.

Cookies

For more information on how we use cookies, web beacons, and other tracking technology on our Website, please see our Cookie Policy in Part 3.

Age of Consent

Our Website is not directed at children. If a person under 13 submits information through any part of the Website and we learn the person submitting the information is under 13, we will attempt to delete this information as soon as possible. If you are aware of a user under the age of 13, please contact us at: data.privacy@groupbyinc.com

PART 2: THE SERVICES

What are the Services?

Our SaaS eCommerce platform offers several different solutions designed to help our customers. These solutions include: Searchandiser, Enrich, SEO Enhancer and GroupBy Analytics.

Our Searchandiser solution provides highly relevant personalized search using machine learning and merchandising controls.

Our Enrich solution automates product attribution across every retail vertical with our comprehensive taxonomy.

Our SEO Enhancer solution helps maximize site traffic with URL beautification, orphan page elimination, multi-site management and more.

Our analytics tool provides interactive dashboards, real-time monitoring, and regular health checks to allow you to manage your business with real performance data.

What information does GroupBy collect via the Services and how is this information used?

If you use our Services, we will not collect or use information except as set forth in our agreement with you. If you have any questions about how we collect or use information in the provision of our Services that are not addressed below or in our agreement with you, please contact us using the contact details provided at the bottom of this Privacy Policy.

What information does GroupBy collect about Customers using the Services and how do you use it?

If you use our Services, we will not collect or use information except as set forth in our agreement with you.

How do you get my consent?

If you are a Customer of the Services, you consent when you execute an agreement with us, and by continuing to access or use the Services.

How do I modify Information or withdraw my consent if I am a Customer of the Services?

If a Customer wishes to change their personal information (i.e. contact info, username, password) they should feel free to contact us at data.privacy@groupbyinc.com.

If a Customer no longer wishes to receive our Services, the Customer may deactivate its account by emailing our Customer Support at support@groupbyinc.com or by contacting your sales representative via telephone. We will respond to your request within 30 days. Please note that any such deactivation shall only be performed in accordance with the terms and conditions of our agreement with you, and no refunds are granted except as expressly stated in the agreement.

If a Customer wishes to change the way GroupBy collects or uses information pursuant to our agreement with said Customer, the Customer should contact us at data.privacy@groupbyinc.com in order to discuss potentially amending our agreement.

Use of the Services by our Customers

Only certain GroupBy Services collect or process Personal Information. If a Customer chooses to order these Services, Personal Information will be processed only in accordance with our agreement with that Customer.

Please note that we do not control the content or type of data that our Customers use with the Services, except as set forth in our agreement with each Customer. The data provided by a Customer belongs to the Customer, and is used, disclosed and protected by them according to their privacy policy, not this privacy policy. We process information provided by our Customers as directed by each Customer, and in accordance with our agreement with the particular Customer. If you are a Customer, we will not use your data or content except as set forth in our agreement with you.

We acknowledge that individuals have a right to access their Personal Information. Please note that if data is provided by a Customer for use with our Services, that Customer controls the data. If you make a request to us to remove this data, we will notify our Customer, as the Customer is responsible for removing this data. We will also respond to you within a reasonable timeframe, to acknowledge your request. You should also contact the Customer directly. Please note that we are not responsible for how our Customers use the data they store within the Services.

Third Party Service Providers

We may transfer information inputted into our Services to companies that help us provide our Services. Such transfers are addressed in our agreements with our Customers. These service providers are authorized to use information only as necessary to provide the requested services to us, and only as set forth in our agreements with our Customers.

Please note that the activities performed by these third parties are governed by the privacy policy of the company providing them (and not this policy), so we advise you to please read their privacy statements.

You may request information about service providers at any time. If you would like us to stop providing your personal information to any service provider, please contact us at data.privacy@groupbyinc.com.

Cookies

For more information on how we use cookies, web beacons and other tracking technology in our Services, please see our Cookie Policy in Part 3. If you are a Customer, your agreement with us may also contain addition information regarding cookies, web beacons and other tracking technology in our Services.

Data Retention Specific to the Services

With respect to information used to perform Services for our Customers, GroupBy will retain such information only as set forth in our agreement with the applicable Customer, for at least as long as needed to provide Services to the applicable Customer.

If you provide information to a Customer of ours as part of their use of the Services, that Customer decides how long to retain that personal information. If the Customer terminates their access to our Services, they may receive access to personal information stored within the Services pursuant to our agreement with them.

PART 3: COOKIE POLICY

This cookie policy explains how GroupBy uses cookies, web beacons, and similar tracking technologies on our Website. This policy also tells you what your rights are with respect to our use of such cookies, web beacons and tracking technologies on the Website. Any use of cookies, web beacons, and similar tracking technologies in the Services is addressed in our agreements with our Customers.

Cookies

A cookie is a small file that is placed on your browser or device when you visit a particular website or software application. Cookies can remember you and provide you with the information you’re most likely to need.

For example, site navigational information provided by a cookie may include standard information from your web browser (such as browser type and browser language), your IP address, and the actions you take on our Site (such as pages viewed, and links clicked).

There are both session cookies and persistent cookies.

A session cookie expires when you close your browser. Simply exiting your browser will remove all session cookies.

A persistent cookie remains on your hard drive for an extended period of time. For instance, when you return to our Site, cookies identify you and prompt the site to provide your username (not your password), so you can sign in more quickly. You can remove persistent cookies by following directions provided in your Internet browser’s “help” directory.

Some cookies are set by the website owner. Other cookies are set by third parties. These third party cookies may enable third party features or functionality to be enabled through the website and provide information about your computer to the third party.

Use of Cookies

We use cookies to help provide a better experience for you on our Website. The types of cookies we use include :
• Required Cookies. Required Cookies needed in order to make the Website actually work. These cookies are essential, and the Website would not function properly without them.
• User Experience Cookies. User Experience Cookies tailor the Website experience for you, the user (for example, auto-populating certain fields). These are not required, but they may make your use of the Website more enjoyable.
• Analytics Cookies – Analytics Cookies help us compile statistical information about use of our Website, such as the time users spend at the site and the pages they visit most often. These statistics do not include Personal Information. This information helps us analyze trends in the aggregate and improve and administer our Website.

If you would like to understand the specific cookies that GroupBy uses, please click here: https://www.groupbyinc.com/cookies

Control of Cookies

There are ways to control your browser settings to indicate when we have set a cookie in your browser, and you have the ability to control our use of cookies and third-party analytics with respect to your use of Website. You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Your device may also have controls that determine the information collected. Each browser is a little different, so look at your browser’s “Help” menu to learn the correct way to modify your cookies. Please note that if you turn cookies off, some features will be disabled that make your Website experience more efficient, and some of our Website features may not function properly.

Web Beacons

A web beacon or tracking pixel is a small file that is placed on your browser or device when you visit a particular website, email or software application. Web beacons are used to track whether or not you have accessed certain content.

For example, web beacons may provide information about how many times a web page is accessed, along with the times it was accessed and the IP address of users who accessed it.

Some web beacons are set by the website owner. Other web beacons are set by third parties. These third party web beacons may enable third party features or functionality to be enabled through the website and provide information about your computer to the third party.

We use web beacons to help provide a better experience for you on our Website.

You have the ability to control our use of cookies and third-party analytics with respect to your use of Website via your browser settings. Your device may also have controls that determine the information collected. Each browser is a little different, so look at your browser’s “Help” menu to learn the correct way to modify your settings. Please note that if you turn web beacons off, some features will be disabled that make your Website experience more efficient, and some of our Website features may not function properly.

PART 4: INTERNATIONAL RESIDENTS

IMPORTANT NOTICE: Although our Website can be viewed internationally, many of our computer systems are currently based in the United States and Canada. Therefore, please note that all personal information may be processed by us in the United States and/or Canada.

Please also note that our customers may have executed data processing addendums with us governing the processing of certain types of data via our Services.

For more details regarding how we collect, use, process, and disclose personal information from European Economic Area (EEA) visitors and the additional rights are available to EEA visitors in respect of this personal information, see below:

If you are a resident of the European Economic Area, you have the following data protection rights:
• If you wish to correct or update your personal information, you can do so at any time by contacting us using the contact details provided under the Contact Us heading below.
• In addition, you can object to processing of your personal information, ask us to restrict processing of your personal information or request portability of your personal information. Again, you can exercise these rights by contacting us using the contact details provided under the Contact Us heading below.
• Similarly, if we have collected and process your personal information with your consent, then you can withdraw your consent at any time, by following these steps if you are a user of our Website, and these steps if you are a Customer. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.
• You have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority.
• We respond to all requests we receive from individuals wishing to exercise their data protection rights within a reasonable timeframe and in accordance with applicable data protection laws.

Legal Basis for Processing Personal Information for EEA Residents

If you are a from the EEA, our legal basis for collecting and using the personal information described in this privacy policy will depend on the personal information concerned and the specific context in which we collect it.

However, we will normally collect personal information from you only where we have your consent to do so, where we need the personal information to perform a contract with you, or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect personal information from you.

If we ask you to provide personal Information to comply with a legal requirement or to perform under an agreement we have in place with you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not, as well as of the possible consequences if you do not provide your personal information (for example, if you do not provide your email address, you will not be added to our email list).

Similarly, if we collect and use your personal information in reliance on our legitimate interests (or those of any third party), we will make clear to you at the relevant time what those legitimate interests are.

Here are some examples:
• We process your personal information with your consent when you register on our Website; and when you agree to receive online direct marketing from us (via email by signing up on our Website via the Contact Us page).
• We process your personal information as required by applicable law. Applicable law may require us to process your information: for tax purposes, to prevent/detect fraud, and in disclosures to law enforcement and other regulatory or government agencies as required by law.
• We also process your personal information when it is in our legitimate interest to do so, and the legitimate interest is not overridden by your data protection rights. Here are some examples of our legitimate business interests:
– Developing and maintaining relationships with our customers and partners;
– Understanding how our customers use our Website and Services;
– Improving our Website and Services;
– Understanding and responding to customer feedback;
– Researching and analyzing the products and services our customers want; and
– Securing our business and services.

If you have questions about or need further information concerning the legal basis on which we collect and use your personal information, or regarding our legitimate interests, please contact us using the contact details provided under the Contact Us heading below.

Where applicable law requires us to ensure that an international data transfer is governed by a data transfer mechanism, we use one or more of the following mechanisms: EU Standard Contractual Clauses with a data recipient outside the EEA (as permitted by GDPR), or we will ask your consent and execute a separate agreement with you (if you are a Customer). Please note that if you are a Customer, we may have agreed to a specific data transfer mechanism in our agreement.

EEA Resident Rights

You have the right to:
• Ask us for a copy of your personal information
• Correct personal information, erase personal information or to transfer it to other organizations (when technically feasible) at your request (see section titled use of the service by our customers).
• Object to some processing and, where we have asked for your consent to process your personal information, to withdraw this consent.
• Object to some processing where we have a legitimate interest in processing (as explained in the Legal Basis for Processing Personal Information for EEA Residents section above)
• To restrict processing in certain circumstances (for example, where we can demonstrate that we have a legal requirement to process your Personal Information, it is possible that we may continue to do so).

We may ask you to verify your identity and to provide other details to help us to respond to your request.

If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information, please contact our Privacy Compliance Officer using the contact details provided under the Contact Us heading below.

PART 5: APPLICABLE TO ALL

This section applies to all information that we may collect and process, including information described in Parts 1, 2, 3 and 4.

What if I have questions about consent or your use of my information?

GroupBy acknowledges that you have the right to access your personal information. Upon request GroupBy will provide you with information about whether we hold any of your personal information. Please note that we cannot provide details or information regarding whether any of our Customers hold any of your personal information. You will need to seek this information directly from our Customers.

If you would like us to delete, update, or modify any of your Information that we currently hold, or if you have questions at any time regarding the continued collection, use, storage or disclosure of your Information, please contact us using the details provided under the Contact Us heading below.

Prior Consent

Where the processing of your personal information is based on your previously given consent, you have the right to withdraw your consent at any time. You may also have the right to object to the processing of your Personal Information on grounds relating to your particular situation.

Required Disclosures

We may disclose your Personal Information:
• in response to lawful requests by public authorities, including to meet national security or law enforcement requirements or as required by law, such as to comply with a subpoena, or similar legal process
• when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, to protect our rights and property, or the legal rights or property of others, investigate fraud, or respond to a government request, or
• it would potentially mitigate our liability in an actual or potential lawsuit.

Data Retention

We retain personal information where we have an ongoing legitimate business need to do so (for example, to provide you the services, to respond to questions you may have, to enforce our agreements, and to resolve disputes). We will stop using the personal information when we no longer have a legitimate business need to do so. If you request that we remove your personal information at an earlier date, we will do so provided we do not have a separate legal obligation to keep it (for example, a lawsuit involving the information).

If you have consented to receiving marketing communications (emails, etc.) from us, we will retain your personal information for a reasonable period of time from the date you last provided consent, unless you request that we remove it.

If we receive Information derived from cookies or other tracking technologies, we will retain that Information for a reasonable period of time from the date it was collected.

When we have no longer have legitimate business need to process your personal information, we will either delete or anonymize it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

Security

We take the security of information that we collect very seriously and therefore implement appropriate technical and organizational measures in order to protect it. Your Personal Information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems. We follow generally-accepted standards to protect the Personal Information submitted to us. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Web site, you can contact us at data.privacy@groupbyinc.com.

Changes to this Privacy Policy

We reserve the right to modify this privacy policy at any time, so please review it frequently. If we make material changes to this policy, we will notify you on our Website that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it. If we make changes to this privacy policy that materially change the way we use your previously-collected personal information, we will communicate with you via a prominent posting on the Website or the Services, as applicable.

CONTACT US

Any questions, complaints or general comments should be directed to data.privacy@groupbyinc.com .

You may also reach us at:
Phone: +1 (855) 210-6513

Mailing address:
GroupBy
2 Berkeley Street, Suite 210
Toronto, Ontario M5A 4J5
Canada
ATTN: Privacy Officer

Last Updated 2018/11/20