Privacy Policy

Shopalyst helps brands deliver a curated shopping experience to each shopper and guide, measure and influence shoppers in their digital path to purchase, via the Shopalyst website and domain name offered from time to time (collectively, the “Website”), the Shopalyst SDK/API (the “SDK/API”), and the Shopalyst mobile application offered from time to time, if any (the “Application” and together with the Website and the SDK/API, the “Shopalyst Service”). The Shopalyst Service is owned and operated by Shopalyst Inc., a Delaware corporation (“Shopalyst”, “we” or “us”).

Your use of the Shopalyst Service is subject to the terms and conditions set forth in this Privacy Policy (the “Privacy Policy”).

PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY ACCESSING OR USING THE SHOPALYST SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND TO ALL THE TERMS OF THIS PRIVACY POLICY AND OUR TERMS OF SERVICE. IF YOU DO NOT AGREE TO SUCH TERMS, EXIT THIS PAGE AND DO NOT ACCESS OR USE THE SHOPALYST SERVICE.

We are committed to respect and protect the privacy of both Customers and Customer End Users and the information we may obtain through the Shopalyst Service, and we have created this Privacy Policy to inform all Users about how we collect, use and share information of Customers and Customer End Users, and about our privacy practices in general. “Customer” refers to those persons or entities that have contracted with Shopalyst to use the Shopalyst Service with Customer End Users. “Customer End Users” refers to those clients, customers, and/or end users of the applicable Customer.

We continually strive to find new ways to enhance your experience with the Shopalyst Service and we may modify this Privacy Policy from time to time to reflect changes in our privacy practices. You are encouraged to review this Privacy Policy periodically and to check the “Last Updated” date at the top of the Privacy Policy for the most recent version. If we make changes to this Privacy Policy, we will notify you here, by email, or by means of notice through the Website, the Application, or any other part of the Shopalyst Service.

1.Terms of Service. Use of the Shopalyst Service is subject to the terms of our Privacy Policy.

2.Types and Uses of Collected Information. Shopalyst collects two types of information about you:
a.Personal Data. Personal Data is information that identifies a specific person. When you engage in certain activities via the Shopalyst Service, including but not limited to creating an account, sending feedback, or otherwise participating in the Shopalyst Service (collectively, “Identification Activities”), we may ask you to provide certain information about yourself. If you elect to engage in an Identification Activity, however, we may ask you to provide us with certain personal information about yourself, such as your name, address (including zip code), email address and/or telephone number. When you enroll in the Shopalyst Service, we may also ask you to provide us with additional information, such as credit card information. Depending on the Identification Activity, some of the information we ask you to provide may be identified as mandatory and some identified as voluntary. If you do not provide mandatory information for a particular Identification Activity, you will not be permitted to engage in that Identification Activity with the Shopalyst Service. Depending on the Identification Activity, we may not re-ask you for Personal Data if such is already stored with us.
We may receive information about you from our partner sites where you use the Shopalyst Service, or third parties. For example, if you access the Shopalyst Service through a third-party connection or log-in, for example, through Facebook Connect, by “following,” “liking,” adding the Company application, linking your account to the Shopalyst Service, etc., that third party may pass certain information about your use of its service to Company. This information could include, but is not limited to, the user ID associated with your account (for example, your Facebook UID), an access token necessary to access that service, any information that you have permitted the third party to share with us, and any information you have made public in connection with that service. If you allow us access to your friends list, your friends user IDs, and your connection to those friends, may be used and stored to make your experience more social, and to allow you to invite your friends to use the Shopalyst Service as well as provide you with updates if and when your friends join, if applicable. We encourage you to review and adjust your privacy settings on third-party websites and services before linking or connecting them to the Shopalyst Service. You may also unlink your third-party account from the Shopalyst Service by adjusting your settings on the applicable third-party service. If you unlink your third-party account, we will remove the information collected about you in connection with that service.
We may use Personal Data to provide products and/or services to you, administer sweepstakes and contests, enhance the operation of the Shopalyst Service, improve our marketing and promotional efforts, analyze use of the Shopalyst Service, improve the Shopalyst Service, and tailor your experience with third parties as provided below in this Privacy Policy. We may also use Personal Data to troubleshoot, resolve disputes, accomplish administrative tasks, contact you, enforce our agreements with you, including our Terms of Service and this Privacy Policy, comply with applicable law, and cooperate with law enforcement activities.
When you browse the websites or view the advertising of certain third parties with whom we have partnered, we (and our partners) use cookies scripts, pixel tags, etags, web beacons and similar technologies (collectively referred to as “cookies”) to collect information automatically from your device (such as your PC, tablet or other mobile device). These cookies are then used to display the most appropriate and relevant advertising to you on third party websites and apps (including social media platforms) or to limit the number of times you see an advertisement. They stay on your computer unless you delete them and they remember that you have visited a website. We may also allow third parties with whom we have partnered to set cookies on the Shopalyst Service which enable that third party to analyse your visit to the Shopalyst Service and collect certain information regarding purchases of their products through our website. The types of information collected by such cookies may include: shopping cart information, what product pages have been viewed, and whether a product has been purchased. b.Non-Personal Data. Non-Personal Data is information that does not identify a specific person. This type of information may include things like the Uniform Resource Locator (“URL”) of the website you visited before coming to the Shopalyst Service or otherwise participating in the Shopalyst Service, the URL of the website you visit after leaving the Shopalyst Service, the type of browser you are using, mobile carrier information, mobile device information, or general and/or aggregated location data that does constitute Personally Identifiable Information. We use Non-Personal Data to troubleshoot, provide, and administer the Shopalyst Service, analyze trends, gather demographic information, comply with applicable law, and cooperate with law enforcement activities. We may also share this information with our authorized Third Party Service Providers to measure the overall effectiveness of our products and services.

3.Sharing of Personal Data. We will not sell or share your Personal Data with other parties except as provided below:
a.Authorized Third Party Service Providers. We may provide products and services through third parties. These “Third Party Service Providers” perform functions on our or your behalf. You or We may share your Personal Data with such Third Party Service Providers to fulfill orders, analyze data (including IP Addresses), operate the Shopalyst Service, troubleshoot, and provide customer service. We may also provide Personal Data to individuals and companies with whom we have business relationships and may share your information with Third Party Service Providers to accomplish our administrative tasks. However, the use of your Personal Data by such parties is governed by the privacy policies of such parties and is not subject to our control.
b.Remarketing is a way for us to connect with people, based upon your past interactions with the Shopalyst Service. Third-party marketing vendors may be hired by Shopalyst to perform remarketing services. As a result, third-party vendors, may show Shopalyst ads on sites on the Internet. Third-party vendors may use cookies to serve ads based on a user’s prior visits to the Shopalyst Service.
c.Acquisition. As with any other company, we could merge with, or be acquired by another company. If this occurs, the successor company would acquire the information we maintain, including Personal Data. However, Personal Data would remain subject to this Privacy Policy.
d.As required by law. We reserve the right to disclose your Personal Data as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on us, enforce or apply this Privacy Policy, Terms of Service or other agreements or protect the rights, property or safety of the Shopalyst Service, users of the Shopalyst Service or others.

4.Customer End Users. As part of the provision of the Shopalyst Service to Customers, Shopalyst collects certain information and data about Customer End Users as determined by the applicable Customer (“Customer End User Data”). Shopalyst does not control or otherwise approve any messages or requests for Customer End User Data made by a Customer to a Customer End User. Customer End Users should be aware that a Customer can request such Customer End User Data from them in order to use the Customer’s products or services and that Customer End User Data may then be included in information given to Shopalyst or through your use of the Shopalyst Service. Therefore, Customer End Users should review the privacy policy of a Customer’s applicable product or service to assess the security of any information a Customer End User discloses. To the extent that Shopalyst receives any Customer End User Data, Shopalyst shall make reasonable efforts, consistent with the terms of this Privacy Policy, to maintain the confidentiality of such Customer End User Data. Shopalyst has no direct relationship to the Customer End Users whose Customer End User Data it processes and such Customer End User who seeks access, or who seeks to correct, amend, or delete inaccurate Customer End User Data should direct such query to the applicable Customer for removal. In the event such Customer requests removal of such applicable Customer End User Data from Shopalyst, if applicable, Shopalyst will respond to such request within one month; provided that (i) such period may be extended by up to two additional months when necessary, taking into account the complexity and number of the requests and (ii) Shopalyst shall inform you of any such extension within one month of receipt of the request, together with the reasons for the delay.

5.Customer End User Data. Shopalyst will not review, share, distribute, or reference any such Customer End User Data except as provided in Shopalyst’s applicable agreement with Customer, or as may be required by law. Shopalyst acknowledges that Customer End Users have the right to access their personal information. If Personal Data pertaining to a Customer End User has been submitted to us by a Customer and a Customer End User wishes to exercise any rights it may have to access, correct, amend, or delete such data, Customer End User should inquire with the Customer directly. Because Shopalyst personnel have limited ability to access data our Customers may submit to the Shopalyst Service, if a Customer End User wishes to make a request directly to Shopalyst, please provide the name of the Customer who submitted your data to the Shopalyst Service. We will refer your request to such Customer and will support them as needed in responding to your request.

6.Data Controller and Data Processor; Data Protection Officer. We process personal data both as a Processor and as a Controller, each as defined in the EU Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 (the “Directive”) and the General Data Protection Regulation (“GDPR”). The Customer which Customer End Users provided Personal Data to, with the assistance of the Shopalyst Service, will be the Controller for Customer End User Data. We will be the Processor of Customer End User Data. For Customer Personal Data, we will be the Controller.
Shopalyst has a Data Protection Officer (as defined in the Directive and GDPR) who is responsible for matters relating to privacy and data protection. Our Data Protection Officer can be reached as follows:
Shopalyst Inc.
Attn: Data Protection
Officer 38350 FREMONT BLVD, SUITE 203
FREMONT, CA 94536 USA
Email: Privacy@shopalyst.com
For Customers and Customer End Users located in the European Data Region in the European Economic Area (EEA), all processing of Personal Data is performed in accordance with privacy rights and regulations following the Directive, and the implementations of the Directive in local legislation. From May 25th, 2018, the processing will take place in accordance with the GDPR. All data collected by Shopalyst through the Shopalyst Service will be stored exclusively in secure hosting facilities provided by Amazon Web Services.

7.Sharing of Non-Personal Data. We may disclose or share Non-Personal Data with Third Party Service Providers and the general public. For example, we may share aggregated demographic information (which does not include any Personal Data) or use Third Party Service Providers to track and analyze Non-Personal Data usage and volume statistical information from our users to administer the Shopalyst Service. We may also publish this aggregated information for promotional purposes. Such data is collected on our behalf, and is owned and used by us.
We may use Third Party Service Providers to serve ads when you participate in the Shopalyst Service. These companies may use Non-Personal Data about your visits and use of the Shopalyst Service, and visits to other websites or locations in order to provide, through the use of network tags, advertisements about goods and services that may be of interest to you.

8.Updating Information.
If you are enrolled in the Shopalyst Service, you may change any of your Personal Data by logging into your account and accessing the “User Profile Page” section of http://www.shortlyst.com/. We encourage you to promptly update your Personal Data if it changes, as out-of-date Personal Data may negatively affect the quality of your Shopalyst Service experience.

9.Choices on Collection/Use of Information. You can always choose not to provide certain information, although a certain level of information is required to engage and participate in the Shopalyst Service. You cannot opt-out of Administrative Emails. “Administrative Emails” relate to your activity on the Shopalyst Service, and include but are not limited to emails regarding your account, requests or inquiries, and purchases of products and services. If you do not want to receive promotional emails from us, you may elect to opt-out of receiving promotional emails at any time after registering by e-mailing us at Privacy@shopalyst.com or by hitting the “unsubscribe” button at the bottom of any of our e-mails.

10.Security of Information. We offer you multi-factor verification when you access your Personal Data, you can access your Personal Data via the Shopalyst Service with your password and username. This password is encrypted. We advise against sharing your password with anyone. If you access your account via a third-party site or service, you may have additional or different sign-in protections via that third-party site or service. You need to prevent unauthorized access to your account and Personal Data by selecting and protecting your password and/or other sign-in mechanism appropriately and limiting access to your computer, browser, or mobile device by signing off after you have finished accessing your account. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time. In the event that we believe that the security of your information may have been compromised, we may seek to notify you of that development. In addition, your Personal Data resides on a secure server that only selected personnel and contractors have access to. We may encrypt certain sensitive information using Secure Socket Layer (SSL) technology to ensure that your Personal Data is safe as it is transmitted to us. However, no data transmission can be guaranteed to be 100% secure. As a result, while we employ commercially reasonable security measures to protect data and seek to partner with companies that do the same, we cannot guarantee the security of any information transmitted to or from or via the Shopalyst Service, and we are not responsible for the actions of any third parties that may receive any such information. In the event that any information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and where appropriate, notify users whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.
We restrict access to Personal Data to our employees, contractors and agents who need to know that information in order to process it for us, and who are subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations.

11.Data Tracking. a. Cookies. To facilitate and customize your experience with the Shopalyst Service, we may store cookies on your computer or other similar device through which you access the Shopalyst Service. A cookie is a small text file that is stored on your computer or other device for record-keeping purposes that contains information about you. We use cookies to save you time while using the Shopalyst Service, remind us who you are, and track and target your interests in order to provide a customized experience. Cookies also allow us to collect Non-Personal Data from you, like which pages you visited, what links you clicked on, and how you used the Shopalyst Service. We may use Third Party Service Providers to display advertisements on the Shopalyst Service. As part of their service, they may place separate cookies on your computer or similar device. We have no access to or control over these cookies. This Privacy Policy covers the use of cookies by the Shopalyst Service only and does not cover the use of cookies by any Third Party Service Provider. Most browsers automatically accept cookies, however you may be able to modify your browser settings to decline cookies. Please note that if you decline or delete these cookies, some parts of the Shopalyst Service may not work properly. b. Tracking Devices. We may use other industry standard technologies like pixel tags and web beacons to track your use of the Shopalyst Service, or we may allow our Third Party Service Providers to use these devices on our behalf. When you access the Shopalyst Service or open or click an email, pixel tags and web beacons generate a Non-Personally Identifiable notice of that action. Pixel tags allow us to measure and improve our understanding of visitor traffic and behavior on the Shopalyst Service, as well as give us a way to measure our promotions and performance. We may also utilize pixel tags and web beacons provided by our marketing partners for the same purposes. c. How to Opt-Out of Third Party Tracking Technologies. Our advertising service vendors and other third parties may also use tracking technologies to serve you advertisements tailored to interests you have shown by browsing on the Shopalyst Website and other sites, applications, destinations, and services you have visited, and to determine whether you have seen a particular advertisement before to avoid sending you duplicate advertisements, and for other lawful business purposes. In doing so, these third parties may collect non-personally identifiable data including for example the make, model, settings, specifications (e.g., CPU speed, connection speed, browser type, operating system, device identifier) and geographic location of your computer, mobile or other device, as well as date/time stamp, IP address, pages visited, time of visits, content viewed, ads viewed, the site(s), application(s), destination(s), and/or service(s) you arrived from, and other clickstream data. The use of tracking technologies by third parties is subject to their own privacy policies, not this Privacy Policy, and we have no responsibility or liability in connection therewith. If you do not want the services that tracking technologies provide, you may be able to opt-out by visiting http://www.aboutads.info.

12.Privacy Policies of Third Party Websites. This Privacy Policy only addresses the use and disclosure of information we collect from you via the Shopalyst Service. Other websites or services that may be accessible through the Shopalyst Service may have their own privacy policies and data collection, use and disclosure practices. If you use, link or visit any such website, we urge you review the website’s privacy policy. We are not responsible for the policies or practices of third parties.

13.Notice of Privacy Rights to California Residents. California law requires that we provide you with a summary of your privacy rights under the California Online Privacy Protection Act (“COPPA”) and the California Business and Professions Code. As required by COPPA, we will provide you with the categories of Personally Identifiable Information that we collect through the Shopalyst Service and the categories of third party persons or entities with whom such Personally Identifiable Information may be shared for direct marketing purposes at your request. California law requires us to inform you, at your request, (1) the categories of Personally Identifiable Information we collect and what third parties we share that information with; (2) the names and addresses of those third parties; and (3) examples of the products marketed by those companies. COPPA further requires us to allow you to control who you do not want us to share that information with. To obtain this information, please send a request by email or physical mail to the address found below. When contacting us, please indicate your name, address, email address, and what Personally Identifiable Information you do not want us to share with our marketing partners. The request should be sent to the attention of our legal department, and labeled “California Customer Choice Notice.” Please allow 30 days for a response. Also, please note that there is no charge for controlling the sharing of your Personally Identifiable Information or requesting this notice.

14.Children. The Shopalyst Service is not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Shopalyst Service. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on the Shopalyst Service or through any of its features or downloadable material, register on the Shopalyst Service, make any purchases through the Shopalyst Service, use any of features of this Shopalyst Service, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at privacy@shopalyst.com.

15.Customer Service. For assistance or questions regarding this Privacy Policy or the Shopalyst Service, you may contact us via the email address Privacy@shopalyst.com or by writing to us – SHOPALYST INC. 38350 FREMONT BLVD, SUITE 203 FREMONT, CA 94536 USA