Privacy Notice | CreatorCart

1. INTRODUCTION

CreatorCart Co. provides a platform and services ("Services") that assist social media influencer-creators ("Creators") and third-party brands ("Brands") in engaging and interacting with their followers and customers ("Customers"). This Privacy Notice applies to:

Creators who access and/or use the CreatorCart Services to communicate with Customers and promote and sell products on behalf of Brands;
Brands who access and/or use the CreatorCart Services to provide their Carts and sell their products to Customers;
Customers who communicate with Creators and shop at a Creator's and/or Brand's online mini-shop or store powered and hosted by CreatorCart (a "Cart"); and
Visitors to the CreatorCart Site.

2. IMPORTANT NOTE TO CUSTOMERS REGARDING INFORMATION CONTROLLED BY BRANDS AND CREATORS

If you are a Customer accessing or using the CreatorCart Platform, such as to browse or make a purchase through a particular Creator's or Brand's Cart, please be aware that CreatorCart collects and/or processes personal information on behalf of the Creator(s) and/or Brand(s) with whom you interact as the "data processor" for the Creator(s) and/or Brand(s). We only use this information at the direction of the Creator(s) and Brand(s).

The Creator(s) and/or Brand(s) determine their own policies for handling personal information. Please review any privacy notice provided by the Creator(s) and/or Brand(s) with whom you interact. If you have inquiries regarding how Creator(s) and/or Brand(s) process your personal information or wish to submit a data rights request, please contact the Creator(s) and/or Brand(s) directly.

3. CHANGES TO THIS PRIVACY NOTICE

CreatorCart reserves the right to update or modify this Privacy Notice at any time. When we update this Privacy Notice, we will revise the "Effective Date" at the top and post a link to the updated Privacy Notice on our Site. Changes are effective when posted. If we make any material changes, we will provide you with notice as required under applicable law.

If you do not agree to any updates or modifications, you may stop accessing and using the Services. Your continued use of the Services after the applicable effective date signifies that you acknowledge and agree to be bound by the revised Privacy Notice.

4. INFORMATION WE COLLECT

How and what personal information we collect depends on how and why you use the Services. The term "personal information" or "personal data" means any information about an individual from which that person may be identified. It does not include anonymous and aggregated data.

a. Information Collected About Customers

Information Customers Provide Directly

Contact Information: We collect the contact information you provide when you sign up to receive SMS text notifications from a Creator and/or Brand, such as your name and mobile phone number.
Activity When Using the Services: We collect information about the actions you take when interacting with the Services, such as links you click from a Creator's or Brand's post or SMS text message, products you've viewed, browsing activity in a Cart, and preferences.
Transaction Information: We collect information about the transactions you make in a Creator's and/or Brand's Cart, such as the item(s) purchased, shipping and billing information.
Payment Information: We facilitate the collection of payment information associated with transactions you make in a Cart, such as payment card information. This information is collected and processed by our third-party payment processors and/or by a Creator's and/or Brand's e-commerce provider. Please review the Third-Party Payment Processors section below for more information.
Message and Communication Content: We collect the content of any SMS text communications between you and a Creator and/or Brand, such as your agreement to sign up to receive notifications and links shared with you.
Survey and Feedback Information: We collect information you provide if you give ratings, feedback, or answer surveys about your experience using the Services.

Customer Information Collected from Third Parties

Brands and/or Creators: We receive information from Brands and/or Creators that share Customer information with us.
Service Providers: We receive information from our Service Providers, such as our cloud service providers, third-party payment processors, and analytics providers.
E-Commerce Providers: We receive information from a Creator's and/or Brand's third-party ecommerce provider or partner, such as Shopify, which may include transaction information.

b. Information Collected About Creators and Brands

Information Creators and Brands Provide Directly

Account Information: If you register an Account for the Services, we will collect contact and account profile information for you and/or your Authorized Users, such as name (first and last), business or company name, email address, phone number, mailing address, login credentials, and any applicable Creator or Brand social media handle(s).
Content and Cart Information: We collect the content you may provide or make available through your account and/or Cart, such as any messages, photos, video, images, links, products promoted and/or offered for purchase along with related descriptions, pricing and other information, and any other content or materials you post, submit, transmit, upload and/or otherwise provide in connection with the use of the Services (collectively, "User Content").
Activity When Using the Services: We collect information about the actions you take when interacting with the Services, such as Carts you create, links you generate and/or post, and Brands and/or Creators you promote and/or with whom you have partnerships.
Payment Information: We collect payment information, such as your credit card or bank account information. This information is collected and processed by third-party payment processors.
Message and Communication Content: We collect the content of any SMS text communications between you and your Customers, such as links to Carts or promotions you share.
Customer Support Information: We collect information you make available for us to provide you with customer support, such as your name, email address, phone number, the details of your question or request, and any other information you choose to include.
Survey and Feedback Information: We collect information you provide if you give ratings, feedback, or answer surveys about your experience using the Services.

Creator and Brand Information Collected from Third Parties

Brands: We receive information from Brands with which you are affiliated, such as name and contact information.
E-Commerce Providers: We receive information from your third-party ecommerce providers or partners, such as Shopify, which may include transaction information.

5. SHARING PERSONAL INFORMATION

We value your privacy and trust. We do not share, sell, or disclose your personal information to third parties. All the information you provide to CreatorCart remains confidential and is only used to enhance your experience with our Services.

a. Third-Party Service Providers

While we utilize certain third-party services to optimize our operations, we ensure that these third parties do not have access to, nor do they store or process, your personal information.

b. Disclosures Directed by Creators and Brands

Any sharing of information is done internally, based on the Creator's or Brand's instructions and always in compliance with applicable law. We do not share this information with external third parties.

c. Third Party Integrations

Though our platform may integrate with third-party services for enhanced functionality, we ensure that these integrations do not share, sell, or disclose your personal information.

d. To Other Users of the Services

Any information shared with other users of our Services is controlled and managed to protect your privacy. We do not share this information with external third parties.

e. Affiliates and Subsidiaries

Our affiliates and subsidiaries respect the same privacy standards as we do. Any sharing of information within our network does not involve external third parties.

f. Legal Obligations and Security

We are committed to complying with legal obligations, but we ensure that any personal information shared for legal reasons remains confidential and is not further shared or sold to external parties.

g. With Your Consent

Any information shared based on your consent remains within the boundaries defined by your consent. We do not share or sell this information to third parties beyond these boundaries.

h. Mobile Information and Text Messaging Data

CreatorCart does not share, sell, rent, or disclose mobile phone numbers, text messaging originator opt-in data, or consent information with third parties or affiliates for marketing or promotional purposes.

We may share limited mobile information with subcontractors and service providers solely to support essential business operations, such as customer support, platform functionality, message delivery, compliance, and security. These service providers are contractually restricted from using such information for any purpose other than providing services to CreatorCart.

All other use case categories expressly exclude text messaging originator opt-in data and consent. This information will not be shared with any third parties under any circumstances.

i. Advertising Partners

We do not share your personal information with advertising partners.

6. BUSINESS TRANSFERS

In the event of any business transfers, mergers, or acquisitions, we commit to ensuring that your personal information remains protected and is not shared or sold to external third parties.

7. THIRD-PARTY PAYMENT PROCESSORS

Though we use third-party payment processors, we ensure that they do not have access to, store, or process any of your personal information beyond the transactional requirements.

8. MARKETING COMMUNICATIONS

Mobile opt-in information, including SMS consent and messaging preferences, is used solely to deliver CreatorCart-related communications requested by the user and is never shared with third parties or affiliates for marketing or promotional purposes.

9. THIRD-PARTY SOCIAL MEDIA PLUG-INS

While we may provide options to share content via social media sites, we ensure that these interactions do not result in the sharing or selling of your personal information to these platforms or any other third parties.

10. "DO NOT TRACK" PREFERENCES

Some Internet browsers may be configured to send "Do Not Track" signals to the online services that you visit. Like many websites and online services, CreatorCart does not currently alter our practices when we receive a "Do Not Track" signal from a browser except as specifically required by law. The Services do not monitor for or behave differently if your browser or device transmits a "Do Not Track" or similar message.

11. THIRD-PARTY LINKS AND EXTERNAL WEBSITES

External links may be provided for your convenience, but we emphasize that we do not share or sell any of your personal information with these external websites.

12. CHILDREN'S DATA

CreatorCart does not target the Services to persons under the age of 18, nor does CreatorCart knowingly collect personal information from persons under the age of 16 or the equivalent legal age as specified by law in the applicable jurisdiction. Therefore, we ask you not to provide us with personal information of persons under the age of 16. If we learn that personal information of persons under the age of 16 has been collected on or through the Services, we may deactivate the account or otherwise terminate access to the Services.

13. DATA RETENTION

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.

14. DATA SECURITY AND PROTECTION

We prioritize the security and protection of your personal information. We have implemented reasonable and appropriate security measures to prevent your data from being accidentally lost, misused, accessed without authorization, altered, or disclosed. This includes using encryption, secure socket layer (SSL), firewalls, and password protection. Access to personal information is strictly limited to our employees, agents, and contractors who need to know the information for their work.

We have established procedures to address any potential data security breaches. Please be aware, however, that no method of transmission over the Internet or electronic storage method is completely secure. While we strive to provide secure services, by using our Services, you understand and assume the inherent risks associated with online activities.

15. CALIFORNIA "SHINE THE LIGHT" DISCLOSURE

The California "Shine the Light" law provides California residents with the option to opt-out of sharing certain types of personal information with third parties for direct marketing purposes. We do not share, sell or disclose personal information with third parties for their direct marketing purposes.

For clarity, this includes mobile phone numbers and SMS opt-in data, which are never shared for direct marketing purposes.

16. NEVADA PRIVACY RIGHTS

Under Nevada law, "consumers" (individuals seeking or acquiring goods/services for personal, family, or household purposes) have the right to opt out of the sale of specific personal information categories.

CreatorCart does not sell or share covered information of Nevada consumers as defined by Nevada law. If you wish to opt-out or have questions, you can contact us at the address in the "How to Contact Us" section below, providing your full name, username, complete address, email, and confirming your Nevada residency.

17. INTERNATIONAL TRANSFERS

CreatorCart is headquartered in the United States, and we process personal information on servers located within the country. While CreatorCart operates globally, we ensure that personal data is not shared or sold to unauthorized third parties. There might be instances where we transfer personal information to our Affiliates or other entities, but these recipients are bound by the same commitment to data protection.

It's important to note that the data protection laws in the United States or other countries might differ from those in your country. We rely on legal mechanisms to transfer personal information across borders in compliance with applicable laws.

18. 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, Switzerland or another country with applicable data protection laws, you may submit a request to exercise your rights.

Depending on your country of residence, your rights may include:

The right to be informed — an obligation on us to inform you how we use your personal data (which is what we're doing in this Privacy Notice);
The right of access — a right to make a 'data subject access request' for a copy of the personal data we hold about you;
The right to rectification — a right to request that we correct personal data about you that may be incomplete or inaccurate;
The right to erasure — 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 — a right for you, in certain circumstances, to ask us to suspend processing personal data;
The right to data portability — a right to ask us for a copy of your personal data in a common format (for example, a .csv file);
The right to object — a right 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 — a right for us to be transparent about any profiling or automated decision-making we may do.
Withdraw Consent — the right to revoke any consent you may have previously given us at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal.
File a complaint — the right to file a complaint with a supervisory authority about our collection and processing of your personal data.

These rights are subject to certain rules around when you can exercise them. If you are located in the European Economic Area, the United Kingdom, Switzerland, or a country that grants data rights and wish to exercise any of those rights, 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. We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data.

We will respond to all legitimate requests within one month or the relevant time period specified under applicable local data protection law.

If you are located in the European Economic Area, the United Kingdom, or Switzerland, you have the right to make a complaint at any time to the supervisory authority for data protection issues in your country of residence.

19. HOW TO CONTACT US

If you have any questions about this Privacy Notice, including any requests to exercise your legal rights, please contact us:

By email: info@creatorcart.com
Subject Line: Privacy Request

By mail:
CreatorCart
Attn: CreatorCart Privacy Request
61 Greenpoint Avenue, Floor 6
Brooklyn, NY 11222 USA

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