Last Updated: November 22, 2023
Please read this Privacy Notice carefully. It provides important information about your personal information and tells you about your rights under applicable privacy laws. If you have any questions, comments, or concerns regarding this Privacy Notice and/or our data practices, please contact us. If you’re a resident of California or Nevada or visiting us from the European Economic Area (“EEA”) or United Kingdom (“UK”), you should read the applicable sections below for residents of California and Nevada and visitors from the UK and EEA.
BY ACCESSING OR USING ANY OF OUR SERVICES (AS DEFINED BELOW), OR SUBMITTING INFORMATION IN CONNECTION WITH YOUR USE OF ANY OF OUR SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THIS PRIVACY NOTICE.
TABLE OF CONTENTS
- Changes to this Privacy Notice
- Important Note Regarding Information Controlled by our Clients
- Information We Collect
- Sensitive Data
- How Rebuy Uses Personal Information
- Sharing Personal Information
- Marketing Communications
- Your Choices
- Third Party Social Plug-Ins
- External Websites
- Data Retention
- Data Security and Protection
- California Privacy Rights - Shine the Light
- Nevada Privacy Rights
- International Transfers
- Additional European and International Data Rights
- How to Contact Us
Rebuy, Inc. (hereinafter, “Rebuy”, “we”, “our” or “us”) owns and operates: (a) the website located at www.rebuyengine.com (the “Site”), and (b) Rebuy’s proprietary hosted software platform that enables users to implement ecommerce personalization and merchandizing solutions (the “Rebuy Platform”). When we refer to the “Services” throughout this Privacy Notice, we mean the Site, Rebuy Platform, and any other products, websites, services, and/or applications provided by us and that include a link and/or reference to this Privacy Notice, and any related services and/or new features and/or functionality provided by us through or in connection with any of the foregoing.
This Privacy Notice describes Rebuy’s data collection, use, protection, and privacy practices with respect to information and data we may collect in connection with the following activities:
- When visiting and/or browsing the Site;
- Registering an account (“Account”) for any of our Services;
- Accessing and/or using any of our Services;
- Connecting access to and/or authorizing certain data to be shared with us through third-party integrations you have enabled and/or used in connection with the use of the Rebuy Platform (collectively, “Third Party Integrations”);
- Interacting with and/or using support and other services provided by us as part of your use of the Services;
- Signing up for our marketing communications and/or newsletters, and/or
CHANGES TO THIS PRIVACY NOTICE
Rebuy reserves the right to update or modify this Privacy Notice at any time. Except for material changes as described below in this Section, all updates and modifications to this Privacy Notice will be effective from the day they are posted on the Site at https://www.rebuyengine.com/legal/privacy-notice. If we make any material changes to this Privacy Notice, we will provide you with reasonable notice prior to such change taking effect by sending a notification to the email address we have on file for you, and may also post a prominent notice of any such changes on the Site. Material changes to this Privacy Notice will become effective on the date set forth in the notice, and all other changes will become effective from the day they are posted on the Site. It is your responsibility to regularly visit and review this Privacy Notice. In addition, if you are a Client, you are also responsible for notifying your Authorized Users and Customers of changes to this Privacy Notice.
If you do not agree to any updates or modifications to the Privacy Notice, cease all use of the Services. Your continued use of the Services after the applicable effective date of the revised Privacy Notice, signifies to us that you acknowledge and agree to be bound by the revised Privacy Notice.
IMPORTANT NOTE REGARDING INFORMATION CONTROLLED BY OUR CLIENTS
Please note that personal information processed by Rebuy about Customers (defined below) is controlled by the business, company, organization and/or or entity (hereinafter, the “Client”) that has entered into the Rebuy Terms of Service Agreement or other agreement with Rebuy for use of the Services (the “Agreement”). When Rebuy collects and/or processes such information, it does so as a “data processor” on behalf of the Client, who is the “data controller”.
For example, if you are a customer of the Client and/or interact with a Client’s website, service and/or products that utilize our Services (hereinafter, a “Customer”), the Client determines its own policies regarding storage, access, modification, deletion, sharing, and retention of your personal information. If you are Customer, please check with the Client about the Client’s policies and settings it implements with respect to information you submit or that may be processed by us on the Client’s behalf in connection with the Services.
INFORMATION WE COLLECT
How and what personal information we collect in connection with the use of the Services depends on how and why you use the Services. For instance, the information that you provide when you visit and/or browse the Site or sign up for our marketing communications is more limited than the information you provide when you register an Account.
The term “personal information” or “personal data” means any information about an individual from which that person may be identified. For example, it may include a person’s name, telephone number, email address, or payment information, and in some jurisdictions, IP address. It does not include data from which the identity of an individual has been definitively removed along with any identifiers connected to such individual (also known as anonymous or anonymized data).
When you access and use our Services, we collect information directly from you as explained in the Section Information Provided Directly by Users of the Services, and in in certain circumstances, we automatically collect certain information when you access and/or use the Services as explained Information Collected Indirectly. In addition, the instances where we may receive information from third parties is as described here.
Please be advised that we may ask you to update your information from time to time in order to keep it accurate. Additionally, if you provide personal information to us about someone else, you must ensure that you are entitled to disclose that information to us and, without us having to take any further steps required by data protection laws, that we may collect, use and disclose such information for the purposes described in this Privacy Notice. For example, you should ensure the individual concerned is aware of the terms detailed in this Privacy Notice and that they have not objected or do not object to you sharing their information with us.
- Information Provided Directly by users of the Services
Rebuy collects the following types of information directly from you:
- Account & Registration Information: If you register an Account for the Services, we will collect contact and other information such as your name (first and last), email address, phone number, business address, and the name of your employer, your occupation and/or profession.
- Login Credentials: When you login to your Account as a registered user, we collect your username, password and/or other login credentials.
- Payment & Transaction Information: When you sign up to purchase a subscription to the Services, Rebuy may collect certain payment information, such as your credit card, bank account information. Note that we do not directly collect or store any payment information. Payment transaction information is processed and stored exclusively by our third-party, third-party, PCI-compliant, payment processors, on our behalf in order to collect fees payable by you in connection with your use of the Services. The information provided to Rebuy only includes partial payment or credit card information, and limited transaction information via our payment processors' portals.
Please review the following Privacy Policies of our current payment providers to learn more about how they collect, process and protect your personal information:
- Other Information:
- Contact information, such as first and last names, and/or email address collected through our sign-up forms to receive our marketing communications and/or newsletters.
- Information, data, content, documents and/or materials you provide to us when you fill out forms, answer surveys, or contact us (such as your feedback, requests for support, or other communications with us).
Information Collected Indirectly
- Usage Information
We, or our authorized third-party service providers, automatically collect technical and/or analytics information about how you use and/or interact with our Services (collectively, Usage Information), which may include (but is not necessarily limited to) identifiers, commercial information, and internet activity information such as IP address (or proxy server), mobile device number, device and application information, device event information, crash data, and log files and data, identification numbers and features, your approximate location (as determined through your IP address), browser type, plug-ins, integrations, Internet service provider or mobile carrier, the pages and files viewed, website and webpage interactions including searches and other actions you take, websites, apps and/or ads that referred you to the website, advertising and language preferences, operating system type and version, system configuration information, date and time stamps associated with your usage, and frequency of visits to the websites, and details of which of our products and product versions you are using.
We use this information for our internal purposes, specifically to operate, maintain, secure and improve the Services. We may also use this information to provide you with notifications, recommendations, and information about specific features of the Services and/or additional products, services, or features we believe may be of interest to you.
Typically, all Usage Information is collected in anonymous form and does not identify you personally. For example, some of the device and usage information collected, whether alone or in conjunction with other data, could identify you, although, except where strictly required to identify an individual for security purposes, such data and information is primarily used to identify the uniqueness of each user logging on (as opposed to specific individuals). However, to the extent any Usage Information is linked or tied to personally identifiable information, such information is deemed “personal data” and we will use it and protect it in accordance with this Privacy Notice.
- Targeting & Advertising
Information Collected from Third Parties
In some instances, we process personal information from third parties, which consists of:
- Data from our service providers, such as our analytics, advertising, marketing, and/or customer support providers.
- Data from Third Party Integrations that you connect and/or use in connection with the use of the Services.
With the personal information and other data (including, Usage Information) collected by us, we process "Aggregated Data", such as statistical or demographic data. Aggregated Data may be derived from personal information, but is not considered personal information under the law if it does not directly or indirectly reveal your identity. If we combine or connect Aggregated Data with your personal information so that it can directly or indirectly identify you, we treat the combined data as personal information, which will be processed in accordance with this Privacy Notice.
Rebuy does not target the Services to persons under the age of 18, nor does Rebuy knowingly collect personal information of, persons under the age of 13 or the equivalent age as specified by law in the applicable jurisdiction (e.g., 16 years of age if you are located in the EEA). Therefore, we ask you not to provide us with personal information of persons under the age of 13 or the equivalent age as specified by law in your jurisdiction. If we learn that personal information of persons under the age of 13 or the equivalent age as specified by law in the applicable jurisdiction, has been collected on or through the Services, then we may deactivate the account or otherwise terminate access to the Services and/or make the user content inaccessible.
Rebuy does not require you to provide any sensitive data about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, health and genetics, or biometric data to use the Services.
HOW REBUY USES PERSONAL INFORMATION
Our mission is to provide safe, efficient and high-quality services, and we, or our authorized third-party service providers who assist us in providing the Services, process your personal information for this purpose. We process your personal data for the reasons and on the legal basis as follows:
- In order to perform and/or provide the Services you interact with and/or request. This may also include disclosure to the third parties who help us perform our obligations to you in connection with your use of the Services, such as hosting and/or customer support providers.
- Where it is necessary for our legitimate interests (or those of a third party), and your interests and fundamental rights do not override those interests. For example, for security purposes and protection against fraud.
- Where we need to comply with a legal or regulatory obligation. For example, keeping records of our sales for tax compliance.
- If we have obtained your prior consent (for example, when you subscribe to our newsletter or participate in our surveys or marketing campaigns). Please note that for this specific legal basis, you have the right to withdraw your consent at any time.
Depending on how you use the Services, we use your personal information in the following instances:
- To host and provide the Site;
- To perform and provide the Services to our Clients;
- To personalize the Site and related Services, such as remembering your information so that you will not have to re-enter it during your visit or the next time you visit the Site and/or Services;
- Provide customized advertisements, content, and information. Where required under applicable law, we will only provide you with tailored content with your opt-in consent;
- To enable Third Party Integrations connected to the Services;
- Deliver direct marketing communications regarding products and services of ours and/or third parties that we may think are of interest;
- Respond to your queries and requests, or otherwise communicate directly with you;
- Provide information to regulatory bodies when legally required, and only as outlined below in Legal Obligations and Security.
SHARING PERSONAL INFORMATION
Aside from disclosing your information to those of our personnel who are authorized to process the information in order to provide the Services and who are committed to confidentiality, we disclose your personal information only to the third parties as described below.
- Third-Party Service Providers
We share personal information with third parties that provide services to us that help us in the operation, provision, administration and management of the Services (“Service Providers”), and to otherwise operate our business. Depending on how you use the Services, the following categories of third parties collect data on our behalf or receive personal information:
- Hosting providers,
- Analytics providers,
- Payment processing providers,
- Advertising and marketing partners,
- Providers of business operations and communication tools,
- Other third-party service providers that help us provide features and functions for the Services (e.g., customer support providers), and
- Professional service providers, such as auditors, lawyers, consultants, accountants and insurers.
For a list of all Service Providers we use, please contact us. We require all Service Providers to respect the security of your personal information and to treat it in accordance with the law.
- Disclosures Directed by Clients
We will share and disclose personal information of Authorized Users and Customers of a Client with the applicable Client, and otherwise in accordance with the Client’s instructions, including any applicable terms in the Agreement, and in compliance with applicable law and legal process. If you are an Authorized User or Customer, please contact the Client to learn more about how your information may be used, shared and/or disclosed by us on behalf of the Client.
- Third Party Integrations
When you interact with and/or use Third Party Integrations in connection with the Services, certain data and information may be exchanged between us and the provider of the applicable Third Party Integration. Information that is shared with us through Third Party Integration is used by us as described in this Privacy Notice. Note that the Third Party Integrations you choose to interact with and/or use are not our service providers. The applicable providers of Third Party Integrations may use your personal information differently than we do and we do not control their use of your information. Please review the privacy notices for the Third Party Integrations.
- Advertising Partners
- Business Transfers
We may also share data with third parties to whom we choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal information in the same way as set out in this Privacy Notice.
- Affiliates and Subsidiaries
Personal information that we collect about you through or in connection with your use of the Services may be shared with the employees, contractors, and agents of Rebuy and our affiliated and subsidiary entities ("Affiliates") who are involved in providing or improving the Services that we offer to you. We obligate the employees, contractors and agents of Rebuy and our Affiliates to ensure the security and confidentiality of your personal information and to act on that personal information only in a manner consistent with this Privacy Notice.
- Legal Obligations and Security
Regulatory and Government Bodies - Compliance with Law
We may disclose your information to regulatory agencies and official government bodies, as required to comply with or satisfy any laws, rules, or regulations applicable to Rebuy.Required Disclosures - Responding to Legal Orders
If we are required to disclose personal information by law, such as pursuant to a subpoena, warrant or other judicial or administrative order, our policy is to respond to requests that are properly issued by law enforcement within the United States. Under such circumstances, unless prohibited by applicable law, we will attempt to provide you with prior notice that a request for your personal information has been made in order to give you an opportunity to object to the disclosure. We will attempt to provide this notice by email, if you have given us an email address. However, government requests may include a court-granted non-disclosure order, which prohibits us from giving notice to the affected individual. In cases where we receive a non-disclosure order, we will notify you when it has expired or once we are authorized to do so.
If you are an Authorized User or Customer, please consult with the Client to learn more about how Client responds to requests for information pursuant to legal orders.Exigent Circumstances & Enforcement/Protection of Our Rights
Your information, including the contents of all of your online communications in our Services and between you and Rebuy may be accessed and monitored as needed to provide our Service and may be disclosed to law enforcement, regulatory agencies, official government bodies, and other third parties, as we, in our sole discretion, believe necessary or appropriate:
- In connection with an investigation of fraud, intellectual property infringement, piracy or other unlawful activity or activity that may expose us or our affiliates, partners and/or agents to legal liability; and/or
- If we receive information that provides us with a good faith belief that there is an exigent emergency involving the danger of death or serious physical injury to a person.
- With your Consent
There may be situations where you are asked to consent to share personal information with third parties for additional reasons not included in this Privacy Notice. In such event, we will only share such personal information if we have received your prior consent and only for the purposes as listed in the request to share such information.
If you are a registered user and have not otherwise opted out (or with your consent where required by applicable law), or if you have opted in to receive direct marketing emails from us, we may use your personal information to send you marketing information about the Services, new product releases, new feature releases of the Services, and/or other Rebuy products and services, that we think may interest you. We carry out direct marketing by email. For the avoidance of doubt, we do not send marketing communications to Customers of our Clients, unless such Customer has signed up directly with us to receive marketing communications from us.
If you no longer wish to receive marketing communications, you have the right at any time to opt out as further explained in Your Choices.
- Accessing, Updating and Correcting Personal information
If you would like to correct or update certain personal information (such as your contact information), please contact us and we will use reasonable efforts to correct and/or update such information.
- Additional European and International Data Rights
If you are a resident of the European Economic Area, you may have additional rights you can exercise as described here.
- Additional European and International Data Rights
You may manage the receipt of marketing and non-transactional communications sent by email by clicking on the "unsubscribe" link located on the bottom of any of our marketing e-mails. To opt-out of marketing communications sent by physical mail, please contact us with your request.
We will use commercially reasonable efforts to process such requests in a timely manner. Note that you cannot opt out of receiving transactional e-mails or communications related to the Services (e.g., requests for support), which, for clarification, are not marketing communications.
If you are an Authorized User or Customer of a Client, please contact the Client if you wish to request the correction and/or update of personal information under their control.
- Accessing, Updating and Correcting Personal information
THIRD PARTY SOCIAL MEDIA PLUG-INS
On or through the Services we may provide third-party “share” buttons which enable you to share certain content via social media sites (e.g., Facebook, Twitter, Instagram, YouTube, and LinkedIn). These “share” buttons may function as web beacons when you interact with the button. Please note that when you “share” using the buttons, you may send to the third party provider of the “share” button the information that you are viewing. If you are not logged into your account with the third party provider, then the third party may not know your identity. If you are logged in to your account with the third party, then the third party may be able to link information or actions about your interactions with the Services to your account with the applicable third party provider. Please refer to each third party's privacy policies to learn more about its data practices.
Personal information is processed for the period necessary to fulfill the purposes for which it is collected, to comply with legal and regulatory obligations and for the duration of any period necessary to establish, exercise or defend any legal rights.
In order to determine the most appropriate retention periods for your personal information, we consider the amount, nature and sensitivity of your information, the reasons for which we collect and process your personal information, and applicable legal requirements.
In some instances, we may choose to anonymize personal information instead of deleting it. When we choose to anonymize, we make sure that there is no way that the personal information can be linked back to any specific individual.
DATA SECURITY AND PROTECTION
We have put in place reasonable and appropriate security measures designed to prevent your personal information from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. For example, we use encryption, secure socket layer (SSL), firewalls, and password protection. In addition, we limit access to personal information to those employees, agents, contractors and the third parties who have a business need-to-know.
We also have procedures in place to deal with any suspected data security breach. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure, and while we take reasonable steps to provide secure services, by using the Services, you understand and assume the risks associated with your activities on the internet.
Additionally, we cannot control the actions of other users with whom you may choose to share your information. Further, even after information posted on the Services is removed, caching and archiving services may have saved that information, and other users or third parties may have copied or stored the information available on the Services. To the fullest extent permitted under applicable law, we cannot and do not guarantee that information you post on or transmit to the Services will not be viewed by unauthorized persons.
CALIFORNIA PRIVACY RIGHTS - SHINE THE LIGHT
Rebuy does not share your personal information with any unaffiliated third party for its direct marketing purposes without your express consent.
California residents who have provided us with personal information have the right (under California Civil Code§ 1798.83) to request and obtain from us, once each year, the details of any personal information we shared with a third party for that third party’s direct marketing purposes during the prior calendar year. The details would include the categories of personal information and the names and addresses of the third party with which it was shared.
To request information about this sharing, you may submit a request with “Your California Privacy Rights” in the subject line, along with your first and last name, and complete mailing address (including street address, city, state, and zip code) by either: sending an email message or writing to us at the email and/or mailing address specified in the How to Contact Us Section.
If you do not submit and send your request with complete information as set forth above, we will not process it.
NEVADA PRIVACY RIGHTS
Under Nevada law, Nevada “consumers” (individuals who are seeking or acquiring goods/services for personal, family, or household purposes) may opt out of the sale of covered personal information (which includes first and last name, address, email address, phone number, Social Security Number, or an identifier that allows a specific person to be contacted either physically or online) to a person for that person to license or sell such information to additional persons.
Rebuy does not currently sell covered information of Nevada consumers as defined under applicable Nevada law; however, you may submit an opt-out request, which we will honor as required by Nevada law should we engage in such a sale in the future.
You may submit an opt-out request by sending an email message or writing to us at the email and/or mailing address specified in the How to Contact Us Section; along with your full name, any user name, and complete mailing address (including street address, city, state, and zip code), email address (so that we can contact you, if needed, in connection with the request) and confirmation that you are a Nevada resident.
You must provide us with information reasonably requested by us to verify your identity and the authenticity of the request. We typically process these requests within 60 days from the day we receive it (and will notify you within that period if we need an additional 30 days to do so).
Rebuy is based in the United States. The personal information that we collect is sent to and stored on servers located in the United States. Such storage is necessary in order to process the information. Rebuy operates globally and may transfer the personal data that we collect from you to our other offices and/or to the third parties mentioned in the circumstances described above, which may be situated outside of your country or regional area, and may be processed by staff operating outside of your country or regional area. In particular, information provided to us or collected by us likely will be transferred to and processed in the United States by us or our Affiliates and our respective agents and contractors. The data protection laws of the United States or other countries may not be as comprehensive or equivalent to those in your country of residence.
The European Union’s General Data Protection Regulation (“GDPR”) allows for transfer of personal data from the European Union to a third country in certain situations. We rely on legally-provided mechanisms to lawfully transfer personal information across borders. For example, we may enter into the EU Standard Contractual Clauses adopted by the EU Commission. More information about the Standard Contractual Clauses is available here.
ADDITIONAL EUROPEAN AND INTERNATIONAL DATA RIGHTS
The European Union’s General Data Protection Regulation and certain other countries’ data protection laws provide certain rights for data subjects. If you are a resident of the European Economic Area, the United Kingdom or another country with data protection laws that provide for certain data subject rights, you may submit a request to exercise your rights.
We respond to all requests we receive from individuals wishing to exercise their data rights in accordance with applicable data protection laws.
- Depending on your country of residence, your rights may include:
- The right to be informed - that’s an obligation on us to inform you how we use your personal data (and that’s what we’re doing in this Privacy Notice);
- The right of access - that’s a right to make what’s known as a ‘data subject access request’ for a copy of the personal data we hold about you;
- The right to rectification - that’s a right to make us correct personal data about you that may be incomplete or inaccurate (though we generally recommend first making any changes in your account);
- The right to erasure (also known as the ‘right to be forgotten’) - that’s where in certain circumstances you can ask us to delete the personal data we have about you (unless there’s an overriding legal reason we need to keep it);
- The right to restrict processing - that’s a right for you in certain circumstances to ask us to suspend processing personal data;
- The right to data portability - that’s a right for you to ask us for a copy of your personal data in a common format (for example, a .csv file);
- The right to object - that’s a right for you to object to us processing your personal data (for example, if you object to us processing your data for direct marketing); and
- Rights in relation to automated decision-making and profiling - that’s a right you have for us to be transparent about any profiling we do, or any automated decision-making.
- Withdraw Consent—that’s the right to revoke any consent you may have previously given us at any time, if we have collected and processed your personal information with your consent. 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.
- File a complaint—that’s the right to file a complaint with a supervisory authority about our collection and processing of your personal information.
Exercising Your Rights
These rights are subject to certain rules around when you can exercise them. If you are located in the European Economic Area and wish to exercise any of the rights set out above, please contact us.
You will not have to pay a fee to access your personal data (or to exercise any of the other rights) unless your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it.
We will respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated as required by law.
In addition, if you no longer wish to receive our marketing/promotional information, we remind you that you may withdraw your consent to direct marketing at any time directly from the unsubscribe link included in each electronic marketing message we send to you. If you do so, we will promptly update our databases and will take all reasonable steps to meet your request at the earliest possible opportunity, but we may continue to contact you to the extent necessary for the purposes of providing the Services as requested and/or ordered by you or necessary updates regarding and the Services used by you.
Finally, you have the right to make a complaint at any time to the supervisory authority for data protection issues in your country of residence. We would, however, appreciate the chance to deal with your concerns before you approach the supervisory authority, so please contact us first.
HOW TO CONTACT US
By email at: firstname.lastname@example.org; Subject Line: Privacy Request
By mail at: Rebuy, Inc.
Attn: Rebuy Privacy Request
6004 St Johns Ave
Minneapolis, MN 55424