Privacy Policy – EU

Latest Version Posted: November 4, 2021

This Privacy Policy (“Policy”) of Auctane LLC (“ShipStation”) describes in greater detail the privacy practices of ShipStation (“us,” “we,” “our”) with respect to your Personal Data (as defined below).

If you have questions or complaints regarding our Policy or practices, please contact us as detailed under the “How to Contact Us” heading below.

We take the privacy of our customers and their downstream customers very seriously. We never share the information of our customer’s customers under any circumstances, unless it is required to complete the transaction contracted with our customer.

1. WHEN THIS PRIVACY POLICY APPLIES.

This Policy applies to our collection, use and disclosure of Personal Data through the sites, products, and services (collectively, “Services”) that link to this Policy. If a Service you use links to this Privacy Policy, this Policy applies to you.  By using the Services, you acknowledge and agree that our collection, usage and disclosure of any Personal Data is governed by this Policy.

Except where otherwise specified, this Policy applies to the Personal Data we collect from or that otherwise relates to visitors to our sites and users of our products and services.  Our handling of the Personal Data of the end-customers of the users of our Services is governed by our Terms of Service.

2. WHAT WE DO WITH YOUR INFORMATION.

We want to be clear about what information we collect and how we use it to deliver our Services to you, operate our business, and make our Services work better for you. This Policy describes how we collect, use, share and secure the information that you provide, or that is otherwise shared with us, which can be used to identify you (“Personal Data”). It also describes your choices regarding use, access and correction of your Personal Data. We do not sell or disclose your Personal Data to third parties for their own uses.

a) Types of Information We Collect. In connection with access to our Services, we collect Personal Data, such as your name, shipping/billing address, email address, phone, credit card/bank account number, username and password.

We collect or otherwise receive information when you register or open an account, sign in, pay fees, purchase or otherwise use a Service, call us for support, or give us feedback. We may also obtain information from other companies or third parties, such as when you synchronize a third party account or service with your ShipStation account, or when we may use service providers to supplement the Personal Data you give us (e.g., validate your mailing address) to help us maintain the accuracy of your data and provide you with better service. We may collect content or other information that you may provide or create when you interact with our Services.

We may automatically collect certain usage information when you access our Services (“Usage Data”), such as Internet Protocol (“IP”) addresses, log files, unique device identifiers, pages viewed, browser type, any links you click on to leave or interact with our Services, and other usage information collected from cookies and other tracking technologies. For example, in order to monitor the inferred locations from which users navigate to our Services, we may collect IP addresses to track and aggregate your approximate geographic location (i.e. at the level of the city or similar area associated with your IP address). This Usage Data is tied only to your IP address and to no other identifying data, such as your name or email address.

We may also collect IP addresses from users when they log into the Services as part of our log-in and security features, and use these to assist with authenticating users.

Our Services may change over time and we may introduce new features that may collect new or different types of information. More information about how we will notify you about these changes is provided below.

b) How We Use Your Information. We use your information, including your Personal Data, for the following purposes:

Account Registration. We use your name, address, phone number, billing information, and email address to register your account for certain Services we provide and to communicate important service-related information to you, based on the performance of our contract with you. We may obtain additional Personal Data about you, such as address change information, from commercially available sources, to keep our records current, based on our legitimate interest to keep up-to-date information about our customers. If you establish an administrator account that may be accessed by people other than you, please note that they may see and have the ability to change or delete your Personal Data. Please be careful to whom you grant administrator access, as you are responsible for their actions when accessing your administrator account.

To Provide Our Services. We use your information to provide you with our Services and to provide you with support related to our Services based on the performance of our contract with you, and to help us protect our Services, including to combat fraud and protect your information based on our legitimate interest to ensure the security of our Services.

Customer Service and Technical Support. We may use your name, address, phone number, email address, how you interact with our Services, and information about your computer configuration to resolve questions you may have about our Services, based on your consent, and to follow up with you about your experience, based on our legitimate interest to understand and monitor customers’ experience and satisfaction. We also offer various Internet chat services, for example, to speak with a ShipStation customer support representative. Internet chat transmissions are encrypted, but you should not supply more Personal Data than is required to address your specific issue. A transcript of the session may be retained to resolve questions or issues related to our Services, based on our legitimate interest to document how we respond to customers’ requests and be able to respond to further claims as the case may be.

Communicate with You and Tell You About Other Services. Based on your consent, or based on our legitimate interests to promote our activities where permitted by law, we may use your information to communicate with you about our Services, and to give you offers for third party products and services that we think may be of use to you. You can withdraw your consent or opt-out at any time from these marketing and promotional communications.  Please see below under “What You Can Do to Manage Your Privacy” for the choices you have regarding these communications.

To Improve Services and Develop New Services. We will use your information to personalize or customize your experience and the Service, develop new features or services, and to improve the overall quality of ShipStation’s Services, based on our legitimate interests to assess, improve and develop our Services.

Feedback. We may use any information you volunteer in surveys you answer for us and combine them with answers from other customers in order to better understand our Services and how we may improve them, based on our legitimate interest to understand and monitor customers’ experience and satisfaction as well as to assess, improve and develop our Services and activities. Answering any survey is optional.

Claims and Litigation. We may also use any of your Personal Data for the purpose of managing claims or litigation related to you, based on our legitimate interest to defend our legal rights.  

c) How We Share or Disclose Your Personal Data. From time to time, we may need to provide your Personal Data with others.

Third Party Service Providers. We provide your information, including Personal Data and Usage Data, with third party service providers who perform various functions to enable us to provide our Services and help us operate our business, such as website design, sending email communications, telephone communication, SMS (text messaging), advertising, fraud detection and prevention, customer care, third party surveys or performing analytics. These companies are provided with only the Personal Data necessary to provide these services to us. We may disclose your Personal Information to a third party for a business purpose where we have entered into a collaboration with such third party. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. Our contracts with these third parties require them to maintain the confidentiality of the Personal Data we provide to them, only act on our behalf and under our instructions, and not use Personal Data for purposes other than the product or service they’re providing to us or on our behalf.

For more information regarding the privacy practices of other carriers you may use via our Services, please see the privacy policies provided by each specific carrier you select.

Use of carrier services via our platform is at your own risk. We are not responsible for your use of carrier services. Your use of carrier services is as a direct customer of the specific carrier of your choosing and you agree to be bound by the terms and conditions of that carrier for use of services. Your interactions with these service carriers are governed by each carrier’s privacy policy.

Response to Subpoenas and Other Legal Requests. We may disclose your Personal Data to courts, law enforcement agencies or other government bodies when we are required or permitted to do so by law, including to meet national security or law enforcement requirements, or to respond to a court order, subpoena, search warrant, or other law enforcement request.

Protection of ShipStation and Others. When we consider it to be appropriate and necessary, we may disclose account information, Personal Data, and Usage Data to various third parties in order to enforce or apply our products’ Terms of Service and other agreements, or to protect the rights, property, or safety of ShipStation, our Services, our users, or others. For example, this may include exchanging information with other companies and organizations for the purpose of fraud protection and credit risk reduction. Such receiving organizations are prohibited from using any ShipStation-provided Personal Data for any other purpose.

Information Sharing Between ShipStation Entities. We share your information, including your Personal Data, with and among our affiliated companies (i.e., our subsidiary companies, our parent company, and any companies also controlled by our parent company), except where prohibited by law. We share your information for our everyday business purposes, such as where our affiliated companies assist us in processing your transactions, maintaining your accounts, or operating/managing parts of our technology platform. We may also share information about your transactions and experience so that we can operate our business effectively, detect and prevent fraud, and improve our Services.

Sharing with Third Parties for Promotional Purposes. ShipStation may share certain information, including your email address, with carefully selected third parties that will allow them to mail you promotional materials about quality goods and services (including special offers and promotions) that may be of interest to you. The information shared will not include your phone number; any information related to your postage or mailing activity; or any information related to your customers or address lists. If you later change your mind, you may contact ShipStation at any time to request that your information not be shared with such third parties or by accessing the opt-out link in any email communication from ShipStation or by clicking here.

Sale of Our Business. If we sell, merge, or transfer any part of our business, we may be required to share your information on a confidential basis, to any prospective transferee and its professional advisors for the purposes of their due diligence investigations, the completion of any such transaction, and the continued operation of the acquired business. 

Otherwise, With your Consent. Other than as set out above, we will provide you with notice and the opportunity to choose when your Personal Data may be collected, used, or shared with other third parties.

d) Syncing, Linking, Connecting Other Third Party Services with Your ShipStation Service. We work with other companies or developers to offer you products and services and you may choose to sync, link or connect other third party services with your ShipStation Service. As permitted under the terms of this Policy and applicable law, sometimes ShipStation may let you know about the service or product, or another company may let you know about a ShipStation service or product. If you choose to accept these services, providing your consent to either the third party or to us, we may exchange your information, including your Personal Data, as well as information about how you interact with each provider’s service or product. This exchange of information is necessary to maintain business operations and to provide the ongoing service that you have requested. By requesting or accepting these products or services, you are permitting us to provide your information, including your Personal Data, to the other party.

3. WHAT YOU CAN DO TO MANAGE YOUR PRIVACY.

You can view and edit information that identifies you online through your ShipStation Service. How you can access and control information that identifies you will depend on which Services you use. You have a choice about the use of information that identifies you, marketing communications you receive from us, and our use of cookies and other tracking technologies.

a) Your Rights. In connection with your right to manage your Personal Data you provide to us, you may access, update, change, correct or request deletion or portability of your information either through the Service or through our customer support. You also have the right to withdraw your consent, object to or request the limitation of the processing of your Personal Data at any time and for the future. You can reach our customer support or, where needed, our data protection officer, by using the contact information provided in the “How to Contact Us” section of this Policy. We will respond to your request within a reasonable timeframe. Finally, you have the right to lodge a complaint to the competent data protection authority.

b) Managing Marketing Communications From Us. We will honor your choices when it comes to receiving marketing communications from us.

You have the following choices if you have been receiving marketing communications from us that you no longer wish to receive:

  • You may contact ShipStation at any time to withdraw your consent or opt-out from marketing or set preferences when you register with ShipStation.
  • Access the opt-out link in any email communication from ShipStation or by clicking here.
  • Remember that even if you choose not to receive marketing communications from us, we will continue to send you mandatory service or transactional communications.

c) Cookies and Other Tracking Technologies. For information on how we use cookies and other tracking technologies see ShipStation’s Cookie Policy.

4. DATA RETENTION

You can view and edit information that identifies you online through your ShipStation Service. How you can access and control information that identifies you will depend on which Services you use. You have a choice about the use of information that identifies you, marketing communications you receive from us, and our use of cookies and other tracking technologies.

a) Your Rights. In connection with your right to manage your Personal Data you provide to us, you may access, update, change, correct or request deletion or portability of your information either through the Service or through our customer support. You also have the right to withdraw your consent, object to or request the limitation of the processing of your Personal Data at any time and for the future. You can reach our customer support or, where needed, our data protection officer, by using the contact information provided in the “How to Contact Us” section of this Policy. We will respond to your request within a reasonable timeframe. Finally, you have the right to lodge a complaint to the competent data protection authority.

b) Managing Marketing Communications From Us. We will honor your choices when it comes to receiving marketing communications from us.

You have the following choices if you have been receiving marketing communications from us that you no longer wish to receive:

  • You may contact ShipStation at any time to withdraw your consent or opt-out from marketing or set preferences when you register with ShipStation.
  • Access the opt-out link in any email communication from ShipStation or by clicking here.
  • Remember that even if you choose not to receive marketing communications from us, we will continue to send you mandatory service or transactional communications.

c) Cookies and Other Tracking Technologies. For information on how we use cookies and other tracking technologies see ShipStation’s Cookie Policy.

5. SECURITY OF YOUR INFORMATION.

Keeping your Information safe is important to us. We provide reasonable and appropriate security measures in connection with securing Personal Data we collect, though no method of transmission over the Internet, or method of electronic storage, is 100% secure.

For example, we:

  • Consistently work to update our security practices to implement accepted best methods to protect your Personal Data, and review our security procedures carefully.
  • Comply with applicable laws and security standards.
  • Securely transmit your sensitive Personal Data.
  • Train our staff and require them to safeguard your data. Limit the staff with access to your Personal Data.
  • Transmit, store, protect, and access all cardholder information in compliance with the Payment Card Industry’s Data Security Standards.

6. INTERNATIONAL DATA TRANSFERS.

The Personal Data that we collect (or process) is stored in the United Stated, in Ireland, and in other countries. Some of the recipients with whom we share your Personal Data may be located in countries other than the one in which your Personal Data was originally collected. The laws in these countries may not provide the same level of protection of Personal Data as in the European Union. However, when we transfer your data to recipients in these other countries, including the United States we protect this information under the conditions described in this Privacy Policy and in accordance with applicable law.

We take the necessary measures to comply with the applicable legal conditions for the transfer of Personal Data to recipients located in countries outside the EEA, to ensure that your Personal Data transferred to these countries receive adequate protection in accordance with applicable data protection rules; this includes signing EU Standard Contractual Clauses or verifying that recipients have adopted Binding Corporate Rules.

7. HOW TO CONTACT US

If you have questions or comments about this Privacy Policy, please contact us. We want your feedback and comments.

a) Via Email. If you have questions or complaints regarding our Privacy Policy or practices, please contact us by email at [email protected] if you are a resident of Germany or [email protected] if you are a resident of France.

b) Via Direct Mail. Auctane LLC, Attention: Customer Care – Privacy Policy Issues, 4301 Bull Creek Road, Suite 300, Austin, TX 78731, USA.

8. CHANGES TO OUR PRIVACY POLICY

From time to time we may change or update our Policy. We reserve the right to make changes or updates at any time. More information about how we will notify you is below.

If we make material changes to the way we process your Personal Data, we will provide you notice via our Service or by other communication channels, such as by email or posting on our site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices. Please review any changes carefully. If you object to any of the changes and no longer wish to use our Services, you may close your account(s). All changes are effective immediately upon posting. However, you will be informed of any material change to this Policy at least 10 days before posting.

9. COLLECTION AND USE OF CHILDREN’S PERSONAL INFORMATION.

We do not knowingly collect information from minors.

ShipStation Services are intended for and directed to adults. Our Services are not directed to minors and we do not knowingly collect Personal Data from minors.