Privacy Policy

Effective Date: January 1, 2020

Introduction

Fenix Commerce Inc. (“Fenix Commerce”) knows your privacy is important so we will treat the information you share with us with care.

This Privacy Policy explains how we collect, use, and share personal information when you visit our website located at www.fenixcommerce.com, engage with our marketing operations, or when you contact us, including through email or social media. For simplicity, in this Privacy Policy we call all of these activities “interacting with Fenix.”

We operate in the United States and this Privacy Policy is intended for users located in the United States. If you are located outside of the U.S., please be aware that the information we collect will be processed in the U.S. and will be subject to U.S. law.

By using this website, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern this Privacy Policy and any dispute that might arise from the use of our website. You expressly agree that exclusive jurisdiction for any dispute related to the use of our website, resides in the courts of Santa Clara County, California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Santa Clara County, California. Use of our website is unauthorized in any jurisdiction that does not give effect to the terms and conditions set forth therein.

Information We Collect

As you interact with Fenix, we may collect the following information:

Information you provide to us:

  • Contact information, such as your name, address, email address and phone number;
  • Any information disclosed when entering contests, sweepstakes, or submitting surveys we, or a third-party on our behalf, may run;
  • Any information disclosed when engaging with us on social media; and
  • Communications and other feedback, including questions, vulnerability reports, and other messages you address to us directly such as email or online forms.

Information we collect automatically: We automatically collect certain information about your activity when you interact with us online. This includes:

  • Internet Protocol (“IP”) addresses of the devices you’re using to interact with us online;
  • Tools such as cookies and other local storage used by websites and web browsers to maintain information regarding your previous activities on a site;
  • Information regarding your internet connection including your Internet Service Provider, connection type, and approximate city level location of your internet connection based on IP address;
  • Information about how the device is interacting with our website and social media accounts;
  • Type and version of your device’s operating system and web browser;
  • Specific interactions with our website (such as which pages you viewed, in what order, and how long you engaged with each page); and
  • Error logs.

Please see our “Cookies and Tracking Technologies” section below for further information, including your choices in relation to the use of these technologies.

We may combine information that we receive from the various sources described above for the purposes identified in the next section.

How We Use the Information We Collect

We use the information we collect to:

  • Provide, maintain, analyze, and improve our website;
  • Develop new products and services;
  • Communicate with you for a range of reasons (including providing information we think will be of interest to you, conducting surveys, and responding to your comments, questions, and requests);
  • Protect the rights and property of Fenix Commerce, our users, and others;
  • Detect, prevent, and respond to fraud, abuse, and security issues; and
  • Carry out any other purpose described to you at the time the information was collected.

We may aggregate or de-identify information such that it is no longer linked to you or your device. This notice does not limit our ability to use or disclose aggregated or de-identified information that is not linked to you.

How We Share Information

Fenix Commerce may share the information it collects about you in the following circumstances:

  • With vendors and service providers who support our business, such as by providing analytics, research, marketing, online advertising, security, data storage and infrastructure services;
  • When we believe in good faith that disclosure is required by law, and when we determine we should respond to subpoenas, warrants, government requests or similar valid process served on us;
  • When we believe in good faith that disclosure is necessary to protect or defend our rights, protect your safety or the safety of others, or investigate fraud;
  • In connection with the sale, transfer or financing of a significant part of a Fenix Commerce’s business or its assets, including any such activities associated with a bankruptcy proceeding; or
  • With your consent, including if you intentionally interact with third-parties on our site.

Security

Fenix Commerce takes reasonable administrative, technical, and physical security measures to protect your personal information and to ensure that it is used in accordance with this Privacy Policy.

Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for “https” at the beginning of the address of the web page.

If a password is used to help protect your accounts and personal information, it is your responsibility to keep your password confidential. Do not share this information with anyone. If you are sharing a computer with anyone you should always log out before leaving a site or service to protect access to your information from subsequent users.

Cookies and Tracking Technologies

Like many companies, we and our service providers may use “cookies” and other tracking technologies to gather information about your visit to our Website (see “Information We Collect” above). We use these tools to measure site activity, provide a better user experience, and to deliver, evaluate and tailor our marketing communications and online advertisements for you. Cookies are used by websites and web browsers to maintain information regarding your previous activities on a website, including what content has been displayed to you. Cookies are also used to optimize the performance of our website.

Analytics

We use analytics services (such as those of Google Analytics) on our website. These services collect and analyze your usage information through cookies and similar tools; engage in auditing, research, or reporting; assist with fraud prevention; and provide certain features to you. 

To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-out Browser Add-on by clicking here. We have disabled data sharing with Google products and services.

We also place web beacons in our emails. Web beacons help us measure the effectiveness of our email campaigns. They do this by identifying when individuals open or act on an email message; when email messages are forwarded; the type of software, device, operating system and browser used to deliver the email; and when an individual clicks on a link included in an email message.

Online Advertising

Our website may integrate technologies that allow us to advertise on other websites you visit and other applications you use. For more information about interest-based advertising and your options for managing it, you may visit the NAI’s Consumer Opt-Out or DAA’s Consumer Opt-Out. There, you may opt-out of receiving tailored advertising from participating companies. We do not control these options or who participates in these programs. Nor are we responsible for the effect, continued availability, or accuracy of these mechanisms.

For mobile advertising and analytics, each operating system provides its own instructions on how to control advertisement tracking.

At this time, we do not honor “do not track” signals from a website browser. Please see your browser’s Help instructions to learn how to manage cookies and other tracking technologies. If you choose to refuse or delete cookies, you will need to repeat this process if you use another computer or browser.  If you choose to decline cookies, you may find that the functionality of some websites is impaired.

Links to External Websites

For your convenience and informational purposes, our website may contain links to external websites that are not owned or controlled by Fenix Commerce. We do not control such websites and we are not responsible for the content and performance of these sites. The inclusion of links to other websites does not imply any endorsement of the material on the websites or any association with their operators. We do not operate, control, or endorse any information, products, or services provided by third parties through the Internet. Use of other sites is strictly at your own risk including, but not limited to, any risks associated with destructive viruses. You are responsible for viewing and abiding by the terms and conditions of use and the privacy statements of the other websites.

Children’s Privacy

Fenix Commerce does not direct services to or knowingly collect any personal information from children under the age of 13. Parents who have questions concerning our privacy policies and practices can contact us at privacy@fenixcommerce.com.

Job Candidate Privacy

For information regarding your privacy as a candidate for a position with Fenix Commerce, please visit our Candidate Privacy Statement.

Privacy Inquiries and Information Requests

In some places you may have certain rights under privacy and data protection laws. These may include the right to request to have your personal information updated or deleted, to access your personal information, or to object to Fenix Commerce using that personal information for certain purposes. These rights are subject to verification and certain exceptions.

If you are a California resident, for instance, state law affords you certain privacy rights. You can learn more about these in the next section, “California Privacy Rights and Additional Information.”

No matter where you are from, if you have questions or concerns about Fenix Commerce’s privacy practices or this Privacy Policy, please contact us at privacy@fenixcommerce.com.

California Privacy Rights and Additional Information

California Data Access and Deletion Rights

If you are a California resident, the California Consumer Privacy Act (“CCPA”) allows you to make certain requests about your personal information (as defined in the CCPA). Specifically, the CCPA allows you to request that we:

  • Inform you about the categories of personal information we collect or disclose about you; the categories of sources of such information; the business or commercial purpose for collecting your personal information; and the categories of third-parties with whom we share/disclose personal information.
  • Provide access to and/or a copy of certain personal information we hold about you.
  • Delete certain personal information we have about you.
  • Provide you with information about the financial incentives that we offer to you, if any.

Please note that certain information may be exempt from such requests under California law. For example, we need certain information in order to provide our website to you.

Verification: Depending on the sensitivity of the information you are requesting and the type of request you are making, we will take reasonable steps to verify your identity based on the information that we currently possess. This may include, at a minimum, verifying your contact information and matching it with our records.

Authorized Agent: You are also permitted to designate an authorized agent to submit certain requests on your behalf.  In order for an authorized agent to be verified, you must provide the authorized agent with signed, written permission to make such requests or a power of attorney. We may also follow up with you to verify your identity before processing the authorized agent’s request.

The CCPA further provides you with the right not to be discriminated against (as provided for by applicable law) for exercising your access or deletion rights.

If you would like further information regarding your rights under California law or would like to exercise any of them, you may contact us at ccpa@fenixcommerce.com or by mail at Fenix Commerce Inc., Attn: Privacy Team, 5434 Castle Manor Drive, San Jose, California 95129-4165.

California “Shine the Light” Disclosure

If you are a California resident you have the right to request information from Fenix Commerce regarding the manner in which Fenix Commerce shares certain categories of your personal information with third-parties, for the third-parties’ direct marketing purposes. We do not share personal information for such purposes.

Privacy Information for California Residents

The CCPA also requires us to provide California residents with particular information about our data collection and usage practices. In keeping with those requirements, below is a summary of the categories of personal information we collect, the sources and uses of such information, and the entities with which we share that information.

Additional information is available above in the Sections “How We Use the Information We Collect” and “How We Share Information.”

Categories of Personal Information Collected and Purposes

We collect the following categories of personal information in order to communicate with you, including for marketing and recruiting purposes:

  • Communications with Fenix Commerce such as questions and other messages you address to us directly through online forms, by email, or by post;
  • Contact information such as your name, email address, and phone number;
  • Research, survey, or sweepstakes information (including personal identifiers and user-generated content) collected if you participate in a survey or sweepstakes; includes information needed for you to participate and to fulfill your prize; and
  • User-generated content such as comments, photos, videos, audio, any information you submit in public forums, reviews and feedback or testimonials you provide about Fenix Commerce.

We collect the following categories of personal information in order to operate and improve our website:

  • Demographic information such as age and gender;
  • Device information and identifiers such as IP address; browser type and language; operating system; platform type; device type; software and hardware attributes; and cookies;
  • Geolocation information such as city, state and ZIP code associated with your IP address; and
  • Internet network and device activity data such as your activity on fenixcommerce.com including the pages you visit and for how long, the page that referred you to fenixcommerce.com, and links clicked on fenixcommerce.com; your activity with Fenix Commerce’s content including email, whether you opened it, access times, error logs, and other similar information. Please see “Cookies and Tracking Technologies” above for more information about how we collect and use this information.

We collect the following categories of personal information for marketing and advertising purposes:

  • Contact information such as your name, email address, and phone number;
  • Demographic information such as age and gender;
  • Device information and identifiers such as IP address; browser type and language; operating system; platform type; device type; software and hardware attributes; and cookies;
  • Geolocation information such as city, state and ZIP code associated with your IP address; and
  • Internet network and device activity data such as your activity on fenixcommerce.com including the pages you visit and for how long, the page that referred you to fenixcommerce.com, and links clicked on fenixcommerce.com; your activity with Fenix Commerce’s content including email, whether you opened it, access times, error logs, and other similar information. Please see “Cookies and Tracking Technologies” above for more information about how we collect and use this information.

We collect the following categories of personal information (examples of which are provided above) for purposes of bug detection, error reporting, security, fraud detection, and legal compliance, or as directed by the user:

  • Communications with Fenix Commerce
  • Contact information
  • Demographic information
  • Device information and identifiers
  • Geolocation information
  • Internet network and device activity data
  • Research, survey, or sweepstakes information
  • User-generated content

Sources of the Information We Collect: We receive the categories of information we collect from you and your device activity, and our affiliates.

Categories of third-parties to whom we disclose the information: In addition to sharing information with our service providers as described above in the “How We Share Information” section, we may share the information we collect with entities, including government entities for legal purposes; with your consent; and entities in connection with the sale or transfer of the business or its assets.

The CCPA sets forth certain obligations for businesses that “sell” personal information. We do not engage in such activity (and have not in the past twelve months) as we understand such term to be defined under applicable law. We do share information as described in this Privacy Policy. 

Trademarks and Service Marks

Our website contains various trademarks and service marks owned, registered or licensed by us and our affiliates. Use of these marks is with the expressed approval of Fenix Commerce and/or its affiliates. Any requests for the use of such marks should be directed to us via email at info@fenixcommerce.com, telephone at +1 (___) ___-____ or by mail at Fenix Commerce Inc., Attn: Privacy Team, 5434 Castle Manor Drive, San Jose, California 95129-4165.

No Warranties

This website and the content contained herein and therein are provided on an “As Is” basis. We make no representations or warranties of any kind express or implied as to the operation of the website. To the fullest extent permissible by applicable law, we disclaim all warranties, express, or implied, including but not limited to implied warranties or merchantability, fitness for a particular purpose, title, and/or infringement.

Changes to this Privacy Policy

We will occasionally update this privacy policy to reflect changes in our services and customer feedback. When we post changes to this policy, we will revise the “last updated” date at the top of this policy. If there are material changes to this notice or in how Fenix Commerce will use your personal information, we will notify you either by prominently posting a notice of such changes prior to implementing the change or by directly sending you a notification. We encourage you to periodically review this policy to be informed of how Fenix Commerce is protecting your information.


Site viewers may view and print excerpts from these pages provided it is for their personal, non-commercial use.

 
If you feel that we are not abiding by this privacy policy, you should contact us immediately via email at privacy@fenixcommerce.com, telephone at +1 (650) 308- 4443 or by mail at Fenix Commerce Inc., Attn: Privacy Team,
5434 Castle Manor Drive, San Jose, California 95129-4165.

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