GCommerce Privacy Notice or California Customers

Effective Date: January 21, 2020

GCommerce Solutions ( “GCommerce,” “we,” “us,” or “our”) provides this Privacy Notice for California Consumers (the “CCPA Privacy Notice”) to supplement the information contained in the GCommerce Privacy Policy.  This CCPA Privacy Notice sets forth our privacy practices as required by the California Consumer Privacy Act of 2018 (“CCPA”).

The CCPA Privacy Notice applies only to individuals residing in the State of California who are considered “Consumers” under the CCPA and from whom we collect “Personal Information” as described in the CCPA (“Consumers”).  If you are a California employee, employee applicant, or contractor, please refer to the GCommerce Privacy Notice for California Consumers/Employees for a description of GCommerce’s privacy practices in that context.

Information We Collect

We may collect Personal Information from you in a variety of different situations, including, but not limited to on our website, your mobile device, through email, in physical locations, through the mail, and/or over the telephone. More specifically, GCommerce collects the following categories of Personal Information from its Consumers, which will depend on the particular Business Purpose (described in the How We Use Personal Information section below) for which we collect it:

 

Category Examples of Personal Information Collected 
A. Identifiers.  

A real name, alias, postal address, online identifier, Internet Protocol address, and email address.

B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). A name, signature, address, telephone number.

Note: Some personal information included in this category may overlap with other categories.

C. Protected classification characteristics under California or federal law. Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth, and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
D. Commercial information. Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
F. Internet or other similar network activity. Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.
G. Geolocation data. Physical location or movements. 
K. Inferences drawn from other personal information. Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

 

Personal information does not include deidentified or aggregated consumer information.

GCommerce obtains the categories of Personal Information listed above from the following categories of sources:

  • Directly from you. For example, from forms you complete or products and services you purchase
  • Indirectly from you. For example, from observing your actions on our website or from information your computer or mobile device transmits when interacting with our website or mobile applications, among other things

How We Use Personal Information

We may use, sell, or disclose the Personal Information we collect from you or about you to do one or more of the following: 

  • Deliver our products and services to you, including providing access to our website’s online features, completing and processing your requests or engaging in other communications with us.
  • Enable you to create an account to conduct transactions and otherwise interact with us.
  • Communicate with you about our products and services, including to respond to your customer service requests, set up an appointment to chat, or respond to any other inquiry or correspondence you send to us.
  • Present you with marketing relating to our products and services, including promotions, coupons, and other discount offers, and more relevant display advertisements.
  • Provide you updates, reminders, or other informational content.
  • Enable you to participate in promotions or surveys.
  • If you provide your information in the context of an employment application or your employment, we will use your information to serve those purposes.  Please review GCommerce’s CCPA Employee Privacy Notice [link] to learn about our privacy practices in this context.
  • To personalize your Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our website, mobile applications, third-party sites, and via email or text message (with your consent, where required by law).
  • To help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business.
  • For research, analysis, and business development, including to develop and improve our Website, products, and services.
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
  • As described to you when collecting your personal information or as otherwise set forth in the CCPA or subsequently agreed to by you.
  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of GCommerce assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by GCommerce about our Consumers is among the assets transferred.

How We Share Personal Information

GCommerce may disclose your Personal Information to a third party for a business purpose, including to our service providers or sell your personal information, subject to your right to opt-out of those sales (see Personal Information Sales Opt-Out and Opt-In Rights).

We share and disclose your personal information with the following categories of third parties: 

  • Service providers
  • Third parties with whom you direct us to share your personal information
  • Data aggregators

Disclosures of Personal Information for a Business Purpose

In the preceding twelve (12) months, GCommerce has not disclosed personal information for a business purpose:

Category A: Identifiers.

Category B: California Customer Records personal information categories.

Category C: Protected classification characteristics under California or federal law.

Category D: Commercial information.

Category F: Internet or other similar network activity.

Category G: Geolocation data.

Category K: Inferences drawn from other personal information.

We may disclose your personal information for a business purpose to the following categories of third parties: 

  • Service providers

Sales of Personal Information

In the preceding twelve (12) months, Company has not sold personal information: 

A. Identifiers.

B. California Customer Records personal information categories.

C. Protected classification characteristics under California or federal law.

D. Commercial information.

F. Internet or other similar network activity.

G. Geolocation data.

K. Inferences drawn from other personal information.

We may sell your personal information to the following categories of third parties:

  • Data aggregators

Your Consumer Rights and Choices

The CCPA provides Consumers with specific rights regarding their Personal Information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that GCommerce disclose certain information to you about our collection and use of your Personal Information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:

  • The categories of Personal Information we collected about you.
  • The categories of sources for the Personal Information we collected about you.
  • Our business or commercial purpose for collecting or selling that Personal Information.
  • The categories of third parties with whom we share that Personal Information.
  • The specific pieces of Personal Information we collected about you.
  • If we sold or disclosed your Personal Information for a business purpose, [two separate] a list[s] disclosing:
    • Sales, identifying the Personal Information categories that each category of recipient purchased; and
    • disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained.

Deletion Request Rights

You have the right to request that GCommerce delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete your Personal Information from our records, unless an exception applies. 

In accordance with the CCPA, we may deny your deletion request under certain circumstances and will inform you of the basis for the denial, which may include, but is not limited to, if retaining the information is necessary for us or our service provider(s) to: 

  • Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  • Comply with a legal obligation.
  • Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either: 

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your Personal Information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. 

Making a verifiable consumer request does not require you to create an account with us. However, we do consider requests made through your password-protected account sufficiently verified when the request relates to Personal Information associated with that specific account.

We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request. 

Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to an additional 45 days), we will inform you of the reason and extension period in writing.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. 

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. 

If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Other California Privacy Rights

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our website that are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an email to [email protected] or write us at: 1612 Ute Boulevard, Suite 200, Park City, Utah 84098 

Privacy Rights for California Minors in the Digital World

If you are a registered user and under eighteen (18) years old, you can request that we remove content or information that you have posted to our website or other online services. Note that fulfillment of the request may not ensure complete or comprehensive removal (e.g., if the content or information has been shared or reposted by another user). To request removal of content or information, please send an email to [email protected] or write us at 1612 Ute Boulevard, Park City, Utah 84098

Changes to Our CCPA Privacy Notice

GCommerce reserves the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the App and Website and update the notice’s Effective Date above. Your continued use of our Website or interaction with us through other methods following the posting of changes and/or our directing you to the updated CCPA Privacy Notice constitutes your acceptance of such changes.

GCommerce Privacy Notice for California Consumers/Employees

Effective Date: January 21, 2020

GCommerce Solutions ( “GCommerce,” “we,” “us,” or “our”) provides this Privacy Notice for California Consumers/Employees (the “CCPA Employee Privacy Notice”) to supplement the information contained in the GCommerce Privacy Policy [link].  This CCPA Employee Privacy Notice sets forth our privacy practices as required by the California Consumer Privacy Act of 2018 (“CCPA”).

The CCPA Employee Privacy Notice applies only to individuals residing in the State of California who are considered “Consumers” under the CCPA and from whom we collect “Personal Information” as described in the CCPA (“Consumers”).  We provide you this notice because, under the CCPA, California Residents who are employees, employee applicants, or contractors qualify as Consumers. For purposes of this CCPA Employee Privacy Notice, when we refer to Consumers, we mean you to the extent you are a California employee, employee applicant, or contractor. 

Information We Collect

We may collect Personal Information from you in a variety of different situations, including, but not limited to on our website, your mobile device, through email, in physical locations, through the mail, and/or over the telephone. More specifically, GCommerce collects the following categories of Personal Information from California employees, employee applicants, or contractors, which will depend on the particular Business Purpose (described in the How We Use Personal Information section below) for which we collect it:

Category Examples of Personal Information Collected 
A. Identifiers.  

A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.

B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.

Note: Some personal information included in this category may overlap with other categories.

C. Protected classification characteristics under California or federal law. Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth, and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
D. Commercial information. Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
F. Internet or other similar network activity. Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.
G. Geolocation data. Physical location or movements. 
I. Professional or employment-related information. Current or past job history or performance evaluations.
J. Education information, as defined by the Family Educational Rights and Privacy Act Education Records as defined by FERPA.
K. Inferences drawn from other personal information. Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

 

Personal information does not include deidentified or aggregated consumer information.

GCommerce obtains the categories of Personal Information listed above from the following categories of sources:

  • Directly from you. For example, from forms you complete or services we provide you.
  • Indirectly from you. For example, from observing your actions on our website or from information your computer or mobile device transmits when interacting with our website or mobile applications, among other things.
  •  OTHER SOURCE CATEGORY, e.g., third parties.  For example, from staffing agencies or consumer reporting agencies when we conduct employee background checks.

How We Use Personal Information

We may use, [sell,] or disclose the Personal Information we collect from you or about you to do one or more of the following: 

  • To fulfill or meet the purpose for which you provided the information. For example, if you share your name and contact information to apply for a job or become an employee, we will use that personal information in connection with your employment or potential employment. 
  • To contact you and to inform you about benefits or information relating to your employment or potential employment.   
  • To provide, support, personalize, and develop our website and services relating to your employment or potential employment.
  • To create, maintain, customize, and secure your information or account with us.
  • To process your requests or transactions and prevent transactional fraud.
  • To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
  • To help maintain the safety, security, and integrity of our systems, or Website, services, databases, and other technology assets, and business.
  • For research, analysis, and business development, including to develop and improve our business processes, Website, and services.
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
  • As described to you when collecting your personal information or as otherwise set forth in the CCPA or subsequently agreed to by you.
  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of GCommerce assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by GCommerce about our Consumers is among the assets transferred.

How We Share Personal Information

GCommerce may disclose your Personal Information to a third party for a business purpose, including to our service providers

We share and disclose your personal information with the following categories of third parties: 

  • Service providers
  • Third parties with whom you direct us to share your personal information.
  • Data aggregators

Disclosures of Personal Information for a Business Purpose

In the preceding twelve (12) months, GCommerce [has not disclosed personal information for a business purpose/has disclosed the following categories of personal information for a business purpose:

Category A: Identifiers.

Category B: California Customer Records personal information categories.

Category C: Protected classification characteristics under California or federal law.

Category D: Commercial information.

Category E: Internet or other similar network activity.

Category F: Geolocation data.

Category G: Professional or employment-related information.

Category H: Inferences drawn from other personal information.

We disclose your personal information for a business purpose to the following categories of third parties: 

  • Service providers.

Other California Privacy Rights

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our website that are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an email to [email protected] or write us at: 1612 Ute Boulevard, Park City, Utah, 84098.

Privacy Rights for California Minors in the Digital World

If you are a registered user and under eighteen (18) years old, you can request that we remove content or information that you have posted to our website or other online services. Note that fulfillment of the request may not ensure complete or comprehensive removal (e.g., if the content or information has been shared or reposted by another user). To request the removal of content or information, please send an email to [email protected] or write us at 1612 Ute Boulevard, Park City, Utah, 84098.

Changes to Our CCPA Employee Privacy Notice

GCommerce reserves the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the App and Website and update the notice’s Effective Date above. Your continued use of our Website or interaction with us through other methods following the posting of changes and/or our directing you to the updated CCPA Employee Privacy Notice constitutes your acknowledgment of such changes.

Contact Information

If you have any questions or comments about this notice, the ways in which GCommerce collects and uses your information described above and in the Privacy Policy, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Phone: 435-214-5146

Email: [email protected]

 

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