FastSpring® Privacy Statement

In General. This privacy statement (“Privacy Statement”) applies to each ecommerce solution, which may be but is not limited to, a website, portion of a website or a software application branded with the look and feel of a software publisher or entity operated by Bright Market, LLC d/b/a FastSpring (“FastSpring”) for the purpose of selling such software publisher’s products and/or services (“Ecommerce Engine” or “Website”) where this Privacy Statement can be accessed from a hyperlink on, or otherwise appears on, that Ecommerce Engine.  If you are purchasing products through a FastSpring subsidiary and not Bright Market, LLC d/b/a FastSpring directly, please note that this Ecommerce Engine is hosted and/or operated by FastSpring under an agreement with the subsidiary of FastSpring who is listed as the seller of products in the terms of sale on this Ecommerce Engine.

When you use an Ecommerce Engine, you agree to the collection and Processing of your Personal Data (as defined below) and agree to be bound to this Privacy Statement which can be accessed via the link provided on each Ecommerce Engine by ticking a box for example.

FastSpring respects the privacy of its customers, partners and suppliers of products or services. The purpose of this Privacy Statement is to provide you with information concerning how FastSpring collects and processes your Personal Data when you use this Ecommerce Engine, and how we collect other information regarding your interaction with this Ecommerce Engine without identifying you as an individual; how we use, handle and disclose Personal Data; and the rights you have about the ways we collect and use that information. Our goal in handling Personal Data provided to us is to comply with EU Data Protection Laws (as defined below) in the jurisdiction(s) where a given transaction occurs, and to offer users of our Ecommerce Engine notice, choice and consent regarding processing for direct marketing purposes, security, data integrity, access, and enforcement with regard to Personal Data.

“Controller” or “Data Controller” is the natural person or legal entity, which alone or jointly with others, carries out processing of Personal Data, as well as determines the purpose and means of the processing of Personal Data.

“EU Data Protection Laws” means EU Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, as it may be amended or replaced (including without limitation by the General Data Protection Regulation defined below) from time to time, and any applicable national laws, rules and regulations implementing the foregoing.

“General Data Protection Regulation” means Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC as of May 25, 2018.

“Personal Data” means any information that can identify you directly or indirectly, either alone or in combination with other information available, such as your name, customer number, shipping or billing address, or email address.

“Supplemental Privacy Notices”.  This Privacy Statement may be supplemented or amended from time to time by additional “Privacy Notices” posted or appearing either on this Ecommerce Engine, or in the transaction flow of a particular Website for which FastSpring provides a particular Ecommerce Engine. Such Supplemental Privacy Notice will provide supplemental information on how we collect and handle information specific to where that Supplemental Privacy Notice appears, and is intended to be read together with this Privacy Statement.

“Third Party Privacy Policies or Statements”.  If you access an Ecommerce Engine through which we offer products or services for sale, the Ecommerce Engine may be co-branded with the name and branding of the organization that produces or manufactures the product you are purchasing. If the privacy policy or statement of one of our partners also appears on this Ecommerce Engine, this Privacy Statement will also apply to our use of any information collected by us via the Ecommerce Engine, and the privacy policy or statement of our partner will co-apply to any such information provided to that partner as contemplated by this Privacy Statement and any supplemental Third Party Privacy Notices. FastSpring is only responsible for the data transmitted to FastSpring by its partners. All other data that may be processed is under such Third Party Privacy Notices.

Controller Responsible for Your Data.   Any Personal Data collected by visiting this Website is controlled by Bright Market, LLC d/b/a FastSpring, 801 Garden Street, #201, Santa Barbara, CA 93101, United States of America (“FastSpring”).

How to Contact Us. If you have any questions, comments, or concerns regarding this Privacy Statement or our privacy practices, or have privacy-related questions not answered online, you may contact us by any of the following means:

• By Mail: You may contact us by postal mail addressed to Bright Market, LLC d/b/a FastSpring, ATTN: Privacy Department, 801 Garden Street, #201, Santa Barbara, CA 93101, United States of America.
• By Email: You may contact us by e-mail at privacy@fastspring.com.  Please specify “Global Privacy Question” in the subject line to help us to expedite our review of your e-mail.

You may write to us in your own language.

Processing of Your Data. Your Personal Data provided to us will be processed on the computer servers (currently Amazon Web Services) in the United States of America on which our Ecommerce Engine is hosted.  In some cases, we may transmit your Personal Data to (i) third party data processors or (ii) product manufacturers, licensors and/or suppliers for the purposes set forth in this Privacy Statement.

Appropriate Safeguards for Cross-border Transfer of Your Data. FastSpring complies with the EU-US Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of Personal Data from European Union member countries. FastSpring has certified that it adheres to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability. If there is any conflict between the policies in this privacy policy and 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/.

Lawful Basis for Processing Your Data.

EU Data Protection Laws require a lawful basis for processing of your Personal Data. FastSpring has a lawful basis for each of our processing activities (unless an exemption applies) as outlined below:

• Performance of a Contract with You. We will process your Personal Data if it is necessary in order to enter into or perform a contract with you. For example, we will process your payment information in order to sell you a product you have ordered on our Website.
• Legitimate Interest.  We will process your Personal Data if it is necessary for the purposes of FastSpring’s legitimate interests, except where FastSpring’s interests are overridden by your interests or fundamental rights and freedoms that require protection of your Personal Data. FastSpring’s legitimate interests in processing your Personal Data include: FastSpring’s prevention of fraud or misuse of services, IT and network security, marketing and advertising of products sold by FastSpring, enforcement of legal claims including debt collection via out-of-court procedures, processing for marketing research purposes.

Consent. By using our Website or otherwise submitting your Personal Data to us, you consent to the collection, use and sharing of your information as described in this Privacy Statement. If you do not consent to this Privacy Policy, please do not use this Website or submit your information through this Website.

We collect Personal Data you provide when you use this Ecommerce Engine. This may include, but is not limited to, the following situations: where you are providing information when you request information about, or use, a product or service available through this Ecommerce Engine, or information you provide when you purchase a product or service through this Ecommerce Engine; where you are entering a contest or a promotion, ordering a newsletter or using other informational tools; and where you are submitting an order or purchasing, downloading and/or registering products and/or signing up for additional services through this Ecommerce Engine.

The information we collect and/or process includes your name, e-mail address, IP address, billing and/or shipping address, phone number, payment account information, and other information about you submitted to verify who you are or to work to prevent fraud.  If you contact our customer service, we may collect similar or additional Personal Data you knowingly and voluntarily provide through your contact with our customer service representatives.

We also collect information that is sent to us by your web browser when you use this Ecommerce Engine, which may include without limitation information that does not identify you personally (such as the date and time of your visit, information about your web browser, etc.). The information we receive in such manner depends on the settings on your web browser. If you have created a user identity on one of your visits to this Ecommerce Engine, we may link the information provided by your browser to information that identifies you personally and use it for the purposes described below. Please see below our cookies policy and review the settings of your web browser as described below if you want to learn what information your browser can send or how to change your browser settings.

We may also receive certain Personal Data about you from third parties when you have agreed via a third party’s form/Website to share such information with us, such as through your use of a social network authentication to sign in to this Ecommerce Engine.

A cookie is a commonly used automated data collection tool. Cookies are small text files that are placed on your computer or device by websites that you visit or HTML-formatted emails you open, in order to make websites work, or to work more efficiently.

We may use cookies, web beacons, pixel tags or other similar technologies on our Websites or emails to, among other things:

• Tailor information presented to you based on your browsing preferences, such as language and geographical region;
• Collect statistics regarding your Website usage;
• Provide us with information to support technical functionality of service, improve the Website experience and measure marketing effectiveness; and
• In some cases, to enable a third party to deliver future advertising for our products and services to you when you visit certain Websites owned by such third parties.

There are several different kinds of cookies, and should we be deploying cookies we (or a third party provider be deploying them in connection with our e-commerce activities) would be using one of the following common types of cookies, which may be persistent cookies or session cookies:

• Essential cookies are necessary to provide you with services and features available through our Websites. Without these cookies, services you may need, such as shopping carts or e-billing, cannot be provided.
• Analytics or customization cookies collect information that is either used in aggregate form to help us understand how the Website is being used or how effective our marketing campaigns are, or to help us customize the Website for you.
• Advertising cookies and tracking scripts are used to make advertising messages more relevant to you. They perform functions like preventing the same ad from continuously reappearing, ensuring that ads are properly delivered and, in some cases, featuring ads based on your interests.

If the Website includes a cookie management tool, you will typically find a hover button at the bottom of your screen.

If in the future you do not wish to receive cookies you may be able to refuse them by adjusting your browser settings to reject cookies. If you do so, we may be unable to offer you some of our functionalities, services or support. If you have previously visited our Websites, you may also have to delete any existing cookies from your browser.

Do-Not-Track.  There are different ways you can prevent tracking of your online activity. One of them is setting a preference in your browser that alerts websites you visit that you do not want them to collect certain information about you. This is referred to as a Do-Not-Track (“DNT”) signal.

Please note that our Websites may not recognize or take action in response to DNT signals from web browsers. At this time, there is no universally accepted standard for what a company should do when a DNT signal is detected. In the event a final standard is established, we will assess how to appropriately respond to these signals.

For more detailed information about cookies, Do-Not-Track and other tracking technologies, please visit http://www.youronlinechoices.com

“Third Party Data Collection”.  This may also include cookies placed by third parties, to deliver tailored information and content which may be of interest to you, such as promotions or offerings, when you visit third party websites after you have left our Websites. We do not permit these third parties to collect Personal Data about you (such as email address) on our Website, nor do we share with them any Personal Data about you.

Social Media Features and Widgets.  Our Websites may include social media features, such as Facebook’s “Like” button, and widgets, such as the “Share This” button. These features are usually recognizable by their third-party brand or logo and may collect your IP address, which page you are visiting on our Website, and set a cookie to enable the feature to work properly. Social media features and widgets are either hosted by a third party or hosted directly on our Website. Your interactions with these features are governed by the privacy policy of the company providing it. Currently, we use the features and widgets (“Plugins”) of Facebook, Google, Twitter, and LinkedIn offered by the companies Facebook Inc., Google Inc., Twitter Inc. and LinkedIn Corporation (“Providers”).

Facebook is operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (“Facebook”). You will find an overview on Facebook’s Plugins and what they look like here: https://developers.facebook.com/docs/plugins

Google+ is operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”). You will find an overview on Google’s Plugins and what they look like here: https://developers.google.com/+/web/  

Twitter is operated by Twitter Inc., 1355 Market St, Suite 900, San Francisco, CA 94103, USA (“Twitter”). You will find an overview on Twitter’s Plugins and what they look like here: https://twitter.com/about/resources/buttons  

LinkedIn is operated by LinkedIn Corporation, 1000 West Maude Avenue, Sunnyvale CA 94085, USA (“LinkedIn”). You will find an overview on LinkedIn’s Plugin and what they look like here: https://developer.linkedin.com/plugins

When you access one of our Websites, which contains a Plugin, your browser establishes a direct connection with the servers of Facebook, Google, Twitter, and LinkedIn. The content of the Plugin is transferred by the respective Provider directly to your browser, which then integrates it into the Website. Integration of the Plugin allows the Provider to receive the information that you have accessed the respective Website even if you do not maintain a profile with that Provider or if you are not logged in at the moment. This information (including your IP address) will be transferred by your browser directly to the Provider in the U.S. and stored there.

If you are logged in with one of the Providers’ services, they will be able to assign your visit on our Website to your profile with the respective Provider. If you interact with any of the Plugins, e.g. by pressing the ‟Like” or the ‟+1” button, this information will also be sent directly to the server of the Provider and stored there. The information will also be published in the social network on your respective account, e.g. Twitter, and displayed to your contacts there.

For more information on the purpose and extent of the data acquisition and how data are processed and used by the respective Provider as well as regarding your rights and optional settings to protect your privacy, please refer to the privacy policies of the respective Provider:

Privacy Policy of Facebook: https://www.facebook.com/about/privacy

Privacy Policy of Google: https://policies.google.com/privacy

Privacy Policy of Twitter: https://twitter.com/en/privacy

Privacy Policy of LinkedIn: https://www.linkedin.com/legal/privacy-policy

If you do not want Google, Facebook, Twitter or LinkedIn to allocate data collected on our Websites to your profile in their service, you must log out of the respective service before visiting our Website. You can prevent the loading of the Plugins completely by using Add-Ons for your browser, e.g. the script-blocker ‟NoScript” (http://noscript.net/).

If you accept a session or persistent cookie, you can delete it at any time through your web browser (e.g., as soon as you leave our Ecommerce Engine).  If you do not wish to receive cookies or wish to manage when you accept cookies in general, you may set your browser to reject cookies or to alert you when a cookie is placed on your computer. Although you are not required to accept our cookies, if you set your browser to reject cookies, you may not be able to use all of the features and functionality of this Ecommerce Engine.

We and our partners use third party service providers in connection with this Ecommerce Engine and our business to gather user metrics and usage data. These service providers may collect anonymous information about your visits to our Ecommerce Engine or to a Website, your interaction with our Ecommerce Engine or that Website, and the products and services offered by us, our partners and our suppliers through the use of cookies, pixel tags, JavaScript code or other web technologies. This information may be transferred to servers in the U.S. and stored there. We and our partners may use this anonymous information to provide targeted advertisements to you for goods and services, for marketing analysis, and for quality improvement purposes. Currently, we use the following web tracking services:

Google Analytics: Google Analytics is a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the Website analyze how users use the site. The information generated by the cookie about your use of the Website will normally be transmitted to and stored by Google on servers in the United States. In case of activation of the IP anonymization, Google will shorten the IP address in EU Member States or other countries of the European Economic Area. Only in exceptional cases, the full IP address is sent to a Google server in the US and shortened there. On behalf of the Website provider Google will use this information for the purpose of evaluating your use of the Website, compiling reports on Website activity for Website operators and providing other services relating to Website activity and internet usage to the Website provider. Google will not associate the IP address transmitted by your browser with any other data stored by Google.

You may refuse the use of cookies by selecting the appropriate settings on your browser. However, please note that if you do so, you may not be able to use the full functionality of this Website. Furthermore, you can prevent the acquisition of data collected by cookies and relating to your use of the Website (including your IP address) by downloading and installing the browser plug-in available under https://tools.google.com/dlpage/gaoptout. Please note that on this Website, Google Analytics code is supplemented by “anonymizeIp”. This allows to process IP addresses in a shortened form to exclude direct reference to a specific person. For more information provided by Google: https://support.google.com/analytics/answer/6004245?hl=en.

In any case, if you want to manage, deactivate or authorize the cookies, you can use the below links:

• Internet Explorer : https://support.microsoft.com/en-us/help/17442/windows-internet-explorer-delete-manage-cookies
• Chrome : https://support.google.com/accounts/answer/61416?hl=en
• Safari : https://support.apple.com/en-us/HT201265
• Mozilla : https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences
• Opera : http://help.opera.com/Windows/10.20/en/cookies.html

Our Use of Personal Data.  We may use Personal Data collected by us for the following purposes:

Our Products and Services

• to contact you if you have requested information or communication from us;
• to determine the country in which you are located for compliance purposes (including without limitation export compliance);
• and for security, anti-piracy, and fraud prevention purposes;
• to help verify that existing personal information about you in our possession is accurate and complete;
• to provide you with product updates and upgrades, special offers, pricing information, newsletters, and other information, either on our own behalf or in some cases on behalf of a partner or client acting as their agent, where you have consented to receive it;
• to undertake any other promotional activities where you have previously consented to such promotional activities;
• in connection with keys, access codes or other information as may be required to permit you to access the Websites or services of our partners to receive products, updates or services;
• for the purposes identified in a specific Supplemental Privacy Notice posted on the page or area of this Ecommerce Engine where you provided that information;
• to verify compliance with applicable laws, rules and regulations;
• to provide you, to the extent permitted by law, with a personalized shopping experience;
• to establish an account for future purchases by you if you have consented to the creation of an account;
• to provide you with effective customer service (which may to the extent and in a manner permitted by applicable law, include contacting visitors who commence but do not complete a checkout process to follow up on the incomplete session or to see if there was a problem with their use of this Ecommerce Engine), and/or technical support;

Marketing Communications

• We may send you email marketing communication about FastSpring products and services, invite you to participate in our events or surveys, or otherwise communicate with you for marketing purposes, provided that we do so in accordance with the consent requirements that are imposed by applicable law. You may opt out of receiving marketing communication at any time.

Internet-based advertising

• When you visit our sites or online services, both we and certain third parties collect information about your online activities over time and across different sites to provide you with advertising about products and services tailored to your individual interests. These third parties may place or recognize a unique cookie or other technology on your browser (including the use of pixel tags). Where required by applicable law, we will obtain your consent prior to processing of your information for the purpose of interest-based advertising.You may see our ads on other websites or mobile apps because we participate in advertising networks. Ad networks allow us to target our messaging to users based on a range of factors, including demographic data, users’ inferred interests and browsing context (for example, the time and date of your visit to our Sites, the pages that you viewed, and the links that you clicked on). This technology also helps us track the effectiveness of our marketing efforts and understand if you have seen one of our advertisements.

If you visit this Ecommerce Engine for the purposes of conducting a purchase transaction, we require and will process certain of your Personal Data for the purposes listed below in order for us to perform our obligations under such purchase transaction and corresponding contract. If you do not provide the required Personal Data, you will be unable to complete such purchase transaction on this Ecommerce Engine:

• • to take, verify, process or deliver your order, process or obtain payment, verify your tax or tax exempt status, contest chargebacks, determine your eligibility for a line of credit, or notify you of the status of your order;
  • to register your purchase with the manufacturer or service provider for warranty, technical support or similar purposes;
  • to provide notice of your purchase to the provider of an online service for which you purchase a service use right from us, for example, in order for the service provider to enable your access to the service and provide updates; and
  • to facilitate the renewal of subscriptions for products or services.

Our Use of Anonymous Information.  We may use anonymous information (i.e. information that does not allow direct or indirect identification of the individual to whom such information relates) collected by us:

• to personalize and support your use of this Ecommerce Engine, our services, and/or the services of our partners;
• to improve this Ecommerce Engine, the customer experience, our advertising systems, and our products and services;
• for fraud prevention purposes, such as device fingerprinting;
• to identify actions or transactions as originating through an affiliate marketing or referral program;
• to deliver targeted advertisements on this Ecommerce Engine and other Websites and/or ecommerce solutions;
• to provide reporting to our current and prospective partners and service providers; and
• for statistical or research and analysis purposes.

In addition, we may anonymize Personal Data by removing any information that identifies you specifically, and use the rest for the purposes set forth above.

Our Partners. When we make products available for sale through an Ecommerce Engine, we are doing so as an independent e-commerce reseller of, or service provider for, the partner whose name and/or logo appears as part of the particular Ecommerce Engine. In connection with your purchase of a product or service through an online store we operate that is co-branded with our partner’s branding, we will provide certain of the Personal Data and/or anonymous information you provide in connection with your purchase to that partner for reporting purposes, to allow our partner or its service provider to register your purchase, to enable your access to products or services provided by our partner or its suppliers, to facilitate warranty, technical support or after-sales service, to allow our partner or its subcontractor to send communications to you if you have previously consented to receive them, to allow our partner or its service provider to provide services in connection with this Ecommerce Engine such as customer support or single sign-on functionality on this Ecommerce Engine and our partner’s Website, or for similar purposes in order to fulfill obligations to you.

We may also provide certain of the Personal Data you provide in connection with your purchase to the publisher or manufacturer of a product you purchase, or operator of a service for which you purchase a service use right from us, if different than the partner whose name and/or logo appears on this Ecommerce Engine.  The privacy policy of our partner, and of the publisher, manufacturer or operator of the product or service you purchase, will govern how that party uses and protects any of your Personal Data that we provide to them.

Our Service Providers. We use other companies, which may include but not limited to present or future corporate affiliates, to provide joint services or certain services to us or on our behalf and help us to operate our business. We may share your information with our service providers in connection with their provision of services to us. 

We may also allow these companies to use anonymous information, and to use aggregated Personal Data on an anonymous basis (i.e., where the aggregated data cannot identify you personally), for their business purposes.  We will not share your Personal Data with our affiliates or unrelated third parties to use for their own marketing purposes without your consent. We select our partners and service providers on the basis of their security and confidentiality commitments and their compliance with EU Data Protection Laws.

To Comply With Legal Requirements, Cooperate With Law Enforcement, Prevent Fraud and Other Crimes, and Protect Legal Rights, Ecommerce Engine, You and Others. To the extent not expressly prohibited by applicable law, we may disclose Personal Data we collect on this Ecommerce Engine without notifying you when we, in good faith, believe disclosure is appropriate: (a)  to comply with the law or a regulatory requirement; (b) to comply with governmental, administrative or judicial process, requirement or order, such as a subpoena or court order; (c) to cooperate with law enforcement or other governmental investigations (without necessarily requiring the law enforcement or government agency requesting the information to formally serve us with a subpoena); (d) to prevent or investigate a possible crime, such as fraud or identity theft; (e) to enforce a contract; to protect the legal rights, property or safety of FastSpring, its corporate affiliates, and their respective employees, clients and partners and agents, other users or the public in general; or (f) to protect your vital interests if determined necessary by us. In addition, we may review our server logs for security purposes, such as detecting intrusions into our network. If we suspect criminal activity, we may share our server logs – which contain visitors’ IP addresses – with the appropriate investigative authorities who may use that information to trace and identify individuals. We also reserve the right to report to appropriate law enforcement or government agencies any activities that we, in good faith, believe are or may be in violation of applicable laws, rules or regulations without providing notice to you.

In Connection With Corporate Events. If one of our corporate affiliates or a third party has acquired our business, specific assets or the business of one of our operating divisions through which you have provided information to us, for example, as the result of a sale, merger, reorganization, insolvency, dissolution or liquidation, your Personal Data may become owned by that company in compliance with applicable EU Data Protection Laws. In that event, the acquiring company’s use of your Personal Data will still be subject to this Privacy Statement, any applicable Supplemental Privacy Notices, and the privacy preferences you have expressed to us.

Pursuant to EU Data Protection Laws, we retain your Personal Data only to achieve the purposes set out in this Privacy Statement. We will therefore retain Personal Data as follows:

• Personal Data used for shipping and billing: 2 years after your last order ;
• Payment Information: only for the duration of the payment ;
• Personal Data used for marketing purposes: 3 years after the last contact with you (e.g. : request for information)

After these periods, we will delete the corresponding Personal Data.

FastSpring respects your right to make choices about the ways we collect, use and disclose information about you. We generally ask you to indicate your choices at the time, and on the page, where you provide your Personal Data.

When you provide Personal Data, we may offer you a choice as to whether you would like to receive further communications from us and/or from our partners via a box to tick for example, such as communications related to updates, upgrades, special offers and pricing. You have the right to withdraw your consent at any time. If you decide you no longer want to receive promotional messages from us, you may let us know by e-mailing us at remove@fastspring.com or by following any unsubscribe link in our e-mails; please specify which consent you are revoking in your e-mail to us. Please note, however, if you give us permission to add your contact information to our partner’s mailing list and later withdraw your permission, you will have to contact our partner (or use the “opt-out” provided in the e-mails our partner sends you) to have your name removed from our partner’s mailing lists.

We are committed to keeping Personal Data secure. We have implemented physical, technical and administrative safeguards reasonably designed to protect your Personal Data from unauthorized access and disclosure. When we collect or transmit sensitive information such as a financial account number, we use industry standard methods to protect that information. It is important that you understand, however, that no Ecommerce Engine, Website, database or system is completely secure or “hacker proof.” You are also responsible for taking reasonable steps to protect your Personal Data against unauthorized disclosure or misuse, for example, by protecting your password. Different countries have different privacy laws and requirements. Please know, however, that no matter where your Personal Data is collected, used, transferred or stored, if it was collected through this Ecommerce Engine, it will be protected by us in accordance with the terms of this Privacy Statement, any Supplemental Privacy Notices that apply to you, and applicable EU Data Protection Laws.

FastSpring has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to BBB EU PRIVACY SHIELD, a non-profit alternative dispute resolution provider located in the United States and 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.  The Council of Better Business Bureaus has committed to respond to complaints and to provide appropriate recourse at no cost to you.

If you are a consumer, any dispute relating to the Privacy Statement or to its interpretation may be referred to the Consumer Affairs Ombudsman as provided for by the provisions of L611-1 and following of the Consumer Code and as indicated on the tab of the Ecommerce Engine “Mediation”. Failing such agreement, the dispute shall be submitted to the competent court of the place where you live, or to the place where the service is performed, or to the place of the harmful event, at your option.

If neither we nor the Council of Better Business Bureaus/ Consumer Affairs Ombudsman resolves your complaint, you may pursue binding arbitration through the Privacy Shield Panel. To learn more about the Privacy Shield Panel, click here: https://www.privacyshield.gov/article?id=F-The-Arbitration-Panel.

As explained here we sometimes provide Personal Data to third parties to perform services on our behalf. If we transfer Personal Data received under the Privacy Shield to a third party, the third party’s access, use, and disclosure of the Personal Data must also be in compliance with our Privacy Shield obligations, and we will remain liable under the Privacy Shield for any failure to do so by the third party unless we prove we are not responsible for the event giving rise to the damage. Therefore, we will select third parties on the basis of their adherence to the EU-US Privacy Shield Framework or that have executed an agreement based on the Standard Model Clauses issued by the European Commission.

You can review our Privacy Shield registration here: https://www.privacyshield.gov/list.

We are subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC). We may be required to disclose Personal Data that we handle under the Privacy Shield in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

We strive to maintain the accuracy and integrity of the Personal Data in our databases and to keep that information up-to-date. We provide ways for you to access your Personal Data as required by applicable law, so that you can correct inaccuracies or update your Personal Data. You have the right on legitimate grounds to: (i) ask for the erasure of your Personal Data; or (ii) object to the processing of your Personal Data. With respect only to the Personal Data you have provided to us either via a consent or that we process in order to perform our contractual obligations to you, you have the right to data portability.

If you would like to exercise one of these rights, please contact us by postal mail addressed to us, ATTN: Privacy Department, at 801 Garden Street, #201, Santa Barbara, CA 93101, United States of America or by e-mail at privacy@fastspring.com.

If you contact us we may, for your protection, ask you for additional information to verify your identity. In most cases, we will provide the access you request, correct or delete any inaccurate Personal Data you discover, cease the processing of your Personal Data and implement your guidelines. We reserve the right, however, to limit or deny your request to the extent permitted by applicable law if the disclosure may lead to a breach of applicable law and regulation, e.g. in case of any legal obligation to retain certain data, or if you have failed to provide sufficient evidence to verify your identity.

You also have the right to lodge a complaint with the supervisory authority in your jurisdiction if you believe that our processing of your Personal Data infringes the requirements of the General Data Protection Regulation.

FastSpring’s Website provides links to third-party web sites, which are not under the control of FastSpring. FastSpring makes no representations about third-party web sites. When you access a non-FastSpring web site, you do so at your own risk. FastSpring is not responsible for the reliability of any data, opinions, advice, or statements made on third-party sites. FastSpring provides these links merely as a convenience. The inclusion of such links does not imply that FastSpring endorses, recommends, or accepts any responsibility for the content of such sites.

This Ecommerce Engine is not directed at nor targeted to children. If you have not reached the age of majority or are not able to enter into legally binding agreements in your country, you may not use this Ecommerce Engine unless supervised by an adult.  Our goal is to comply with applicable laws and regulations relating to collection and use of information from children as such term is defined by applicable laws. If you believe that we have received information from a child or other person protected under such laws, please notify us immediately by postal mail addressed to FastSpring’s Privacy Department, 801 Garden Street #201, Santa Barbara, CA 93101, United States of America or by e-mail at privacy@fastspring.com, and we will take reasonable steps to remove that information from our databases.

If you are located in the European Economic Area (EEA), by using this Ecommerce Engine you consent by ticking the specific consent box to the processing of your Personal Data by Bright Market, LLC d/b/a FastSpring’s servers in the United States and the storage of your Personal Data in the United States for the purposes set forth in this Privacy Statement, and acknowledge that your personal data may be transmitted by us to other FastSpring companies for the purposes set out in this Privacy Statement and for company group administration purposes. You may withdraw your consent at any time with effect for the future but you will then not be able to use our services and in particular order products on our Websites. For further information if you wish to withdraw your consent by emailing us at privacy@fastspring.com.

We may occasionally update this Privacy Statement.  These updates may reflect, among other things, changes in applicable laws, rules or regulations, changes in our data collection practices, and/or changes to our business or services.  Changes to our Privacy Statement will become effective 30 days after posting and will only apply to your Personal Data we hold if you use the Website after the revised statement becomes effective. If revisions to the Privacy Statement materially affect how we may use Personal Data collected from you prior to the date of the revised statement, then we will request that you opt-in to the revised Privacy Statement via a checkbox for each new order/purchase. We will post an updated version of this Privacy Statement on the Ecommerce Engine with a revised effective date, to let you know that we updated the Privacy Statement.