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Effective: December 2, 2018

MerchHelp values the trust you place in us when you use MerchHelp.com  applications or tools (collectively, our “Websites”). Your privacy and trust are important to us and who we are as a company. This Privacy Statement (the “Privacy Statement” or the “Statement”) describes how we collect, use, disclose, retain, and protect your information when you interact with our Websites

When this Privacy Statement applies

This Privacy Statement applies to any Website that links to it, as well as information we collect when you interact with us through social media or other websites and online services. It does not apply to non-MerchHelp websites and mobile applications that may link to the Websites or be linked to or from the Websites; please review the privacy policies on those websites and applications directly to understand their privacy practices.

BY USING OUR SERVICES AND MAKING THE CHOICES YOU MADE WHEN REGISTERING WITH US, YOU ARE ACCEPTING THE TERMS OF THIS PRIVACY STATEMENT AND OUR USER AGREEMENT, AND YOU ARE CONSENTING TO OUR COLLECTION, USE, DISCLOSURE, RETENTION, AND PROTECTION OF YOUR PERSONAL INFORMATION AS DESCRIBED IN THIS PRIVACY STATEMENT. IF YOU DO NOT PROVIDE THE INFORMATION WE REQUIRE, WE MAY NOT BE ABLE TO PROVIDE ALL OF OUR SERVICES TO YOU.

We may make changes to this Statement from time to time. We will post any changes, and such changes will become effective when they are posted. Your continued use of our Websites following the posting of any changes will mean you accept those changes.

Information we collect about you

We collect, process, and retain information from you and any devices (including mobile devices) you may use when you use our Websites or Services, register for an account with us, provide us information on a web form, update or add information to your account, participate in community discussions, chats, or dispute resolution, or when you otherwise correspond with us. Below we describe the different types of information we collect from you and the devices you use when you interact with our Websites.

Information You Give Us: Some of the Websites may include features or services that permit you to enter contact information and other information about you. We collect and store any information you enter on our Websites. This may include your name, mailing address, ZIP code, phone number, email address, and/or payment information.

Information About Your Interaction With Our Websites: We collect information about your interactions with our Websites, such as the purchases you make or the advertisements you view.

Information Collected Automatically: When you interact with our Websites, certain information about your use of our Websites is automatically collected. This information includes computer and connection information such as statistics on your page views, traffic to and from our Websites, referral URL, ad data, your IP address, and device identifiers; this information may also include your browsing history, transaction history, and your web log information.

Most of this information is collected through “cookies,” web beacons, tagging and other tracking technologies, as well as through your web browser or device (e.g., IP address, MAC address, browser version, etc.), to help enable you to shop on our Websites, and enable us to enhance or personalize your online browsing and shopping experience. Most web browsers automatically accept cookies but, if you prefer, you can usually modify your browser setting to disable or reject cookies. If you delete your cookies or if you set your browser to decline cookies, some features of the Websites may not be available, work, or work as designed.

We use Google Analytics, a web analytics service provided by Google, Inc., on our Websites. Google Analytics uses cookies or other tracking technologies to help us analyze how users interact with and use the Websites, compile reports on the Websites’ activity, and provide other services related to our Websites’ activity and usage. The technologies used by Google may collect information such as your IP address, time of visit, whether you are a return visitor, and any referring website. The Websites do not use Google Analytics to gather information that personally identifies you. The information generated by Google Analytics will be transmitted to and stored by Google and will be subject to Google’s privacy policies. To learn more about Google’s partner services and to learn how to opt out of tracking of analytics by Google, click here

Information From Social Media and Other Websites: When you interact with us or the Websites by a social media platform, (such as by clicking on a social media icon linked from our Websites), we may collect the personal information that you make available to us on that page, including your account ID or username and other information included in your posts. If you choose to log in to your MerchHelp account with or through a social networking service, MerchHelp and that service may share certain information about you and your activities.

How we use your information

We use your information to help us personalize and continually improve your experience on the Websites, including fulfilling your orders and requests for information, analyzing and compiling trends and statistics, and communicating with you.

In accordance with your choices when you registered with us, we may use information you give us or information we collect about you to:

  • Provide, maintain, and improve the Websites for internal or other business purposes;
  • Fulfill requests for information;
  • Provide, produce, and ship the products that you order or the services you request;
  • Provide customer support;
  • Track and evaluate the use of the Websites;
  • Communicate with you about your Customer Account, Content Owner Account, profile or transactions with us, or changes to our policies or terms;
  • Send you information about features and enhancements on or to our Websites;
  • Send you newsletters or other materials;
  • Send you offers or other communications about our products and services, such as special or promotional events, including services, products, or events for which we collaborate or co-offer with a third party;
  • Administer contests, sweepstakes, promotions, and surveys;
  • Detect, investigate, and prevent activities that may violate our policies or be fraudulent or illegal;
  • Optimize or improve our products, services and operations; and
  • Perform statistical, demographic, and marketing analyses of users of the Websites and their viewing patterns.

Some of these uses of your information may be in connection with our legitimate interests in providing the Services.

We may combine information gathered from multiple portions of the Websites into a single record. We may also use or combine information that we obtain from our business records. Additionally, information collected from a particular browser or device may be used with another computer or device that is linked to the browser or device on which such information was collected.

How we share your information with others

We do not share your personal information with third parties, except as set forth below. We may disclose information that does not specifically identify you, such as aggregate information, device identifiers or other unique identifiers, to third parties in any manner we deem appropriate.

Third-Party Service Providers: We may share the information collected via our Websites with service providers that perform functions on our behalf to help us provide and support the Websites and our products and Services, including, but not limited to: hosting, content syndication, content management, technical integration, marketing, analytics, customer service, and fraud protection. For example, we use third parties to process payments made to us and assist with product fulfillment and other operations. These third parties may have access to your personal information when needed to perform their functions. We require these service providers to maintain the confidentiality and security of all information we provide and use it only for the purpose of providing the services for which they have been engaged.

Business Partners and Other Third Parties: Based on the choices you made when registering, we may engage in activities that include sharing your information with unaffiliated third parties, such as business partners who provide products and services that we think you may be interested in. Before we share such information, we obtain your consent.

Sale, Assignment or Change of Control: We may change our ownership or corporate organization while providing the Websites. We may transfer to another entity or its affiliates or service providers some or all information about you in connection with, or during negotiations of, any merger, acquisition, sale of assets or any line of business, other change of ownership or control, or financial transaction. Under such circumstances, we would request the acquiring party to follow the practices described in this Privacy Statement. Nevertheless, we cannot promise that an acquiring party or the merged entity will have the same privacy practices or treat your information the same as described in this Privacy Statement.

Law Enforcement, Legal Process, and Emergency Situations: We may also use or disclose your information if required to do so by law or on the good-faith belief that such sharing is necessary to (a) conform to applicable law or comply with legal process served on us or our Websites; (b) protect and defend our rights or property, the Websites or our users; or (c) act to protect the personal safety of us, our employees and agents, other users of the Websites, or the public. In particular, if you are a Content Owner, we may disclose your information to a third party that alleges that you have infringed their intellectual property rights through the products sold through our Websites. Similarly, if you allege that a Content Owner is infringing upon your intellectual property rights, we may disclose your information to that Content Owner.

Interest-based advertising

Like many websites, we use tracking technologies such as cookies, web beacons and similar technologies to record your preferences, track the use of our Websites and exposure to our online advertisements. We may also use these technologies to monitor traffic, improve the Websites, and make it easier to use and more relevant.

We partner with third party advertising companies who also use these tracking tools to provide advertisements on our Websites, as well as on other websites and applications about our products and Services that may be of interest to you. In accordance with your choices when registering with us, the advertisements you see may be based on information collected through cookies, web beacons and other tracking technologies from our Websites and on other third party websites you visit and mobile applications you use that participate in our advertising networks. They may also use persistent identifiers to track your Internet usage across other websites and mobile applications in their networks beyond the Websites. They may use this information to provide you with interest-based advertising or other targeted content. While we do not share information that personally identifies you with unaffiliated third parties for their own uses, such third parties may, with sufficient data from other sources, be able to personally identify you, unknown to us. To learn more about the third party collection and use of your information, please visit the Network Advertising Initiative and/or the Digital Advertising Alliance.

Some content or applications, including advertisements, on the Websites may be served by unaffiliated third parties. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement, you should contact the responsible advertiser directly. We are not responsible for the content or privacy practices on any website not operated by MerchHelp to which our Websites link or that link to our Websites.

Your browser or device may include “Do Not Track” functionality. At this time,MerchHelp does not respond to browser “Do Not Track” signals.

How to access and modify your information

We take steps to ensure that the personal information we collect is accurate and up to date, and that you have the ability to access and make corrections to it. This includes:

  1. Giving you the ability to see, review, and change your personal information by signing in to your account at MerchHelp.com.
  2. Honoring any legal right, you might have to access, modify or erase your personal information. To request access and to find out whether any fees may apply, if permitted by applicable state, federal, or national law (outside of the United States), please contact [email protected].

We may not be able to delete your personal information without also deleting your user account. You will not be permitted to examine the personal information of any other person or entity. In order to verify your identity, you may be required to provide us with personal information prior to accessing any records containing information about you. We may not accommodate a request to change or delete personal information if we believe doing so would violate any law or legal requirement or cause the information to be incorrect.

How to limit the use of your information

In many instances, you have choices about the information you provide and limiting how we use your information. These choices, and any related consequences, are described in detail below.

Personal Information: You may choose not to provide your personal information, such as your name, mailing address, ZIP code, phone number, email address, or payment information, but then you might not be able to take advantage of many features of our Websites and/or checkout.

Emails, Newsletters, and other Communications: When you create an account through our Websites, you are required to provide us with an accurate e-mail address through which we may contact you. The choices you make during the registration through our Websites or apps constitute your express acknowledgment of whether MerchHelp may use your e-mail address to communicate with you about product offerings from MerchHelp, its affiliates, selected third parties, and/or partners. While you cannot opt-out of receiving notifications and other communications regarding your account or your transactions, you can opt-out of receiving newsletters and promotional emails and other marketing communications from us by using the “unsubscribe” feature in our marketing e-mails or contacting Customer Service.

Location Tracking: Most mobile devices allow you to control or disable the use of location services by any application on your mobile device through the device’s settings’ menu.

Online Tracking and Interest-Based Advertising: You also have choices to limit some tracking mechanisms that collect information when you use the Websites. Many web browsers automatically accept cookies, but you can usually modify your browser’s setting to decline cookies if you prefer. If you choose to decline cookies, certain features of our Websites, including the Websites themselves, may not function properly or remain accessible to you. In addition, you may also render some web beacons unusable by rejecting or removing their associated cookies. Note that if you choose to remove cookies, you may remove opt-out cookies that affect your advertising preferences.

You may opt out of tracking of analytics data by Google Analytics, one of our customer usage analytics providers, by clicking here.

Many of the third-party advertisers that place tracking tools on our Websites are members of programs that offer you additional choices regarding the collection and use of your information. You can learn more about the options available to limit these third parties’ collection and use of your information by visiting the websites for the Network Advertising Initiative and the Digital Advertising Alliance, as well as the webpages for Facebook’s ad preferences tool and privacy policy.

Similarly, you can learn about your options to opt-out of mobile app tracking by certain advertising networks through your device settings. For more information about how to change these settings for Apple, Android or Windows devices, see:

Apple: http://support.apple.com/kb/HT4228

Android: http://www.google.com/policies/technologies/ads/

Windows: http://choice.microsoft.com/en-US/opt-out

Please note that opting-out of advertising networks services does not mean that you will not receive advertising while using our Websites or on other websites, nor will it prevent the receipt of interest-based advertising from third parties that do not participate in these programs. It will, however, exclude you from interest-based advertising conducted through participating networks, as provided by their policies and choice mechanisms.

Updating your information

To discover whether we have information about you and to update that information, please contact us at [email protected].

How we secure your information

We do our best to provide you with a safe and convenient shopping experience. Our Websites incorporate physical, technical, and administrative safeguards to protect the confidentiality of the information we collect through the Websites, including the use of encryption, firewalls, limited access and other controls where appropriate. While we use these precautions to safeguard your personal information, we cannot guarantee the security of the networks, systems, servers, devices, and databases we operate or that are operated on our behalf. 100% complete security does not presently exist anywhere online or offline.

You can help protect the privacy of your own information by using encryption and other techniques to prevent unauthorized interception of your personal information. You are responsible for the security of your information when using unencrypted, public or otherwise unsecured networks.

Users outside the U.S.

If you use our Websites outside of the United States, you understand that we may collect, process, and store your personal information in the United States and other countries. The laws in the U.S. regarding personal information may be different from the laws of your state or country. Any such transfers will comply with safeguards as required by relevant law. If applicable, you may have a right to claim compensation for damages caused by a breach of relevant data protection laws.

Users in the European Union (EEA) and Switzerland

If you are a resident of the EEA or Switzerland, the following information applies.

Purposes of processing and legal basis for processing: As explained above, we process personal data in various ways depending upon your use of our Websites. We process personal data on the following legal bases: (1) with your consent; (2) as necessary to perform our agreement to provide Services; and (3) as necessary for our legitimate interests in providing the Websites where those interests do not override your fundamental rights and freedom related to data privacy.

Transfers: Personal data we collect may be transferred to, and stored and processed in, the United States or any other country in which we or our affiliates or subcontractors maintain facilities. We will ensure that transfers of personal data to a third country or an international organization are subject to appropriate safeguards. For more information regarding data received or transferred pursuant to the Privacy Shield Frameworks, see our Privacy Shield Frameworks section below.

Individual Rights: If you are a resident of the EEA or Switzerland, you are entitled to the following rights. Please note: In order to verify your identity, we may require you to provide us with personal information prior to accessing any records containing information about you.

  • The right to access and rectify your data: You have the right to obtain information about our processing of personal data and a copy of your personal data that we store. You have the right to request that we update your personal data if it is inaccurate or incomplete.
  • The right to request data erasure: You have the right to have your data erased from our Websites if the data is no longer necessary for the purpose for which it was collected, you withdraw consent and no other legal basis for processing exists, or you believe your fundamental rights to data privacy and protection outweigh our legitimate interest in continuing the processing.
  • The right to restrict or object to our processing: You have the right to restrict or object to our processing if we are processing your data based on legitimate interests or the performance of a task in the public interest as an exercise of official authority (including profiling); using your data for direct marketing (including profiling); or processing your data for purposes of scientific or historical research and statistics.

For questions and/or to opt-out and remove your personal information in our database please contact [email protected]

You may have the right to make a GDPR complaint to the relevant Supervisory Authority. A list of Supervisory Authorities is available here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm. If you need further assistance regarding your rights, please contact us using the contact information provided below and we will consider your request in accordance with applicable law. In some cases, our ability to uphold these rights for you may depend upon our obligations to process personal information for security, safety, fraud prevention reasons, compliance with regulatory or legal requirements, or because processing is necessary to deliver the services you have requested. Where this is the case, we will inform you of specific details in response to your request.

Privacy Shield Frameworks

MerchHelp  complies with the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland transferred to the United States pursuant to Privacy Shield. MerchHelp has certified that it adheres to the Privacy Shield Principles with respect to such data. If there is any conflict between the policies in this privacy policy and data subject rights under the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov/.

With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks MerchHelp is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission.

EU and Swiss individuals have the right to obtain our confirmation of whether we maintain personal information relating to you. Upon request, we will provide you with access to the personal information that we hold about you. You also may correct, amend, or delete the personal information we hold about you. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data, should direct their query to [email protected] If requested to remove data, we will respond within a reasonable timeframe.

Your right to access your personal data may be restricted in exceptional circumstances, including, but not limited to, when the burden or expense of providing this access would be disproportionate to the risks to your privacy in the case in question, or when the rights of persons other than you would be violated by the provision of such access. If we determine that your access should be restricted in a particular instance, we will provide you with an explanation of our determination and respond to any inquiries you may have.

We will provide an individual opt-out or opt-in choice before we share your data with third parties other than our agents, or before we use it for a purpose other than which it was originally collected or subsequently authorized.

To limit the use and disclosure of your personal information, please submit a written request to [email protected].

In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

MerchHelp’ accountability for personal data that it receives under the Privacy Shield and subsequently transfers to a third party is described in the Privacy Shield Principles. In particular, MerchHelp remains responsible and liable under the Privacy Shield Principles if third-party agents that it engages to process the personal data on its behalf do so in a manner inconsistent with the Principles, unless MerchHelp proves that it is not responsible for the event giving rise to the damage.

In compliance with the Privacy Shield Principles ,MerchHelp commits to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States pursuant to Privacy Shield. European Union and Swiss individuals with Privacy Shield inquiries or complaints should first contact MerchHelp at [email protected].

MerchHelp has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and to file a complaint. This service is provided free of charge to you.

If your Privacy Shield complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See Privacy Shield Annex 1 at https://www.privacyshield.gov/article?id=ANNEX-I-introduction.

Other important information

Users Under Thirteen: Our Services are intended for users ages 13 and older only. Accordingly, we will not knowingly collect or use any personal information from children that we know to be under the age of 13. In addition, we will delete any information in our database that we know originates from a child under the age of 13.

Users Thirteen to Seventeen: Prospective users between the ages of 13 and 17 can only use our Services under their parents or legal guardian’s supervision. If you are between the ages of 13 and 17, you, your parent, or your legal guardian may request that we deactivate any of your personal information in our database and/or opt-out from receiving communications from us. If you wish to do so, please contact us at [email protected].

Notice to California Residents: If you are a California resident, California Civil Code Section 1798.83 permits you to request certain information regarding the disclosure of your personal information by MerchHelp and its related companies to third parties for the third parties direct marketing purposes. To make such a request, please send your request, by mail, to:

MerchHelp
Attn: Privacy
7282 Murdy Circle
Huntington Beach CA 92647

Questions or report a problem

For questions about our Privacy Statement, to make choices about receiving promotional communications, to update your personal information, or to place an order, you can contact MerchHelp. by email, telephone or postal mail:

Merch Help
7282 Murdy Circle
Huntington Beach CA 92647



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