Last updated: October 14, 2016
Privacy Shield. BigCommerce participates in the EU-U.S. Privacy Shield framework. To learn more about the EU-US Privacy Shield program, and to view BigCommerce’s certification, please visit the U.S. Department of Commerce sit at https://www.privacyshield.gov/.
Information BigCommerce Collects
BigCommerce collects information to provide a more efficient service to all our users. We collect information in the following ways:
Information you give us. For example, when you interact with our Site by making a purchase or subscribing to an email list, we can ask for information including the following; personal information, like your first and last name, company name, email address, postal address, phone number, and credit card number. We also collect passwords, password hints, and similar security information used for authentication and account access.
Information BigCommerce gets from your use of our services
BigCommerce collects data about how you and your device interact with BigCommerce and our services. For example, we collect:
- Product use data. We collect data about the features you use, the items you purchase, and the web pages you visit.
- Device data. We collect data about your device and the network you use to connect to our products. It includes data about the operating systems and other software installed on your device. It may include IP address, device identifiers (such as the IMEI number for phones), regional and language settings.
- Error reports and performance data. We collect data regarding the performance of the products and any problems you experience with them. This data helps to diagnose problems in the services you use, and to improve our service and provide solutions. Depending on your service and settings, error reports can include data such as the type or severity of the problem, details of the software or hardware related to an error, contents of files you were using when an error occurred, and data about other software on your device.
- Support Data. When you engage BigCommerce for support, we collect data about you and your hardware, software, and other details related to the support incident. Such data includes contact or authentication data, the content of your chats and other communications with BigCommerce support.
The Purpose for which Information is Collected
BigCommerce uses the data we collect for two basic purposes, described in more detail below: (1) to operate our business and provide (including improving and personalizing) the services we offer, and (2) to send communications, including promotional communications.
Providing and Improving Our Services. We use data to carry out your transaction and to provide our services to you. We also use data to diagnose service problems, troubleshoot issues, and provide other customer care and support services. We use data collected to continually improve our services, including adding new features or capabilities, such as using error reports to improve security features and determining what new features to prioritize. Data is also used to develop aggregate analysis and business intelligence that enable us to operate, protect, make informed decisions, and report on the performance of our business.
Communications. We use data we collect to deliver and personalize our communications with you. For example, we may contact you by email or other means to inform you when a subscription is ending, let you know when security updates are available, remind you about items left in your online shopping cart, update you or inquire about a service or repair request, invite you to participate in a survey, or tell you that you need to take action to keep your account active. Additionally, you can sign up for email subscriptions and choose whether you wish to receive promotional communications from BigCommerce by email, SMS, physical mail, and telephone. For information about managing email subscriptions and promotional communications, please visit the http://grow.bigcommerce.com/manage-your-email-preferences.html.
Reasons We Share Personal Data
We may share your personal data with your consent or as necessary to provide our services. When you provide payment data to make a purchase, we will share payment data with banks and other entities that process payment transactions or provide other financial services, and for fraud prevention and credit risk reduction. In addition, we share personal data among BigCommerce-controlled affiliates and subsidiaries. BigCommerce may use from time to time a limited number of third-party service providers, contractors, and other businesses to assist us in providing our solutions to our customers or for the purposes described in this statement. In such cases, these companies must abide by our data privacy and security requirements and are not allowed to use personal data they receive from us for any other purpose. We may also disclose personal data as part of a corporate transaction such as a merger or sale of assets.
Compliance; Protection. We will access, transfer, disclose, and preserve personal data, including your content when we have a good faith belief that doing so is necessary to:
- comply with applicable law or respond to valid legal process, including from law enforcement or other government agencies;
- protect our customers, for example to prevent spam or attempts to defraud users of our products, or to help prevent the loss of life or serious injury of anyone;
- operate and maintain the security of our products, including to prevent or stop an attack on our computer systems or networks; or
- protect the rights or property of BigCommerce, including enforcing the terms governing the use of the services.
Accountability for Onward Transfer
If BigCommerce discloses Personal Data covered by this Policy to a non-agent third party, it will do so consistent with any notice provided to data subjects and any choice they have exercised regarding such disclosure. BigCommerce will only disclose Personal Data to third-party agents that have given us contractual assurances that they will provide at least the same level of privacy protection as is required by the principles underlying the Privacy Shield (the “Principles”) and that they will process Personal Data for limited and specific purposes consistent with any consent provided by the individual. If BigCommerce has knowledge that a third party to which it has disclosed Personal Data covered by this Policy is processing such Personal Data in a way that is contrary to this Policy and/or the Principles, BigCommerce will take reasonable steps to prevent or stop such processing. In such case, the third-party is liable for damages unless it is proven that BigCommerce is responsible for the event giving rise to the violation.
Accessing and Updating Your Personal Information
Whenever you use our services, we aim to provide you with access to your personal information. If that information is wrong, we strive to give you ways to update it quickly or to delete it — unless we have to keep that information for legitimate business or legal purposes. When updating your personal information, we may ask you to verify your identity before we can act on your request.
We may reject requests that are unreasonably repetitive, require disproportionate technical effort (for example, developing a new system or fundamentally changing an existing practice), risk the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup systems).
We aim to maintain our services in a manner that protects information from accidental or malicious destruction. Because of this, after you delete information from our services, we may not immediately delete residual copies from our active servers and may not remove information from our backup systems.
Transparency and Choice
People have different privacy concerns. Our goal is to be clear about what information we collect, so that you can make meaningful choices about how it is used. For example, our customers can:
- Review and control certain types of information tied to your BigCommerce Account by using the BigCommerce control panel.
- Control who you share information with through your BigCommerce Account.
- Take information associated with your BigCommerce Account out of many of our services.
You may also set your browser to block all cookies, including cookies associated with our services, or to indicate when a cookie is being set by us.
Security of Personal Data
BigCommerce is committed to protecting the security of your personal data. We use a variety of security technologies and procedures to help protect your personal data from unauthorized access, use or disclosure. When we transmit highly confidential data (such as a credit card number or password) over the Internet, we protect it through the use of encryption.
Inquiries and complaints relating to BigCommerce treatment of Personal Data and its compliance with the Principles may be directed to:
11305 Four Points
Austin, TX 78726
Attention: General Counsel
BigCommerce will respond to any such inquiries or complaints within forty-five (45) days. If BigCommerce fails to respond or its response is insufficient or does not address the concern, BigCommerce has registered with the Direct Marketing Association to provide independent third party dispute resolution at no cost to the complaining party. To contact Direct Marketing Association and/or learn more about the company’s dispute resolution services, including instructions for submitting a complaint, please visit https://thedma.org/shield-complaint-form/ or www.thedma.org/privacy-shield-safe-harbor-for-consumers/. Complaining parties may also, in absence of a resolution by BigCommerce and Direct Marketing Association, seek to engage in binding arbitration through the Privacy Shield Panel.
DMA Contact Information:
Privacy Shield Line
Direct Marketing Association
1333 Broadway, Suite 301
New York, New York 10018
BigCommerce also commits to periodically reviewing and verifying the accuracy of this Policy and the company’s compliance with the Principles, and remedying issues identified. All employees of BigCommerce that have access to Personal Data covered by this Policy in the U.S. are responsible for conducting themselves in accordance with this Policy. Failure of a BigCommerce employee to comply with this Policy may result in disciplinary action.
BigCommerce is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC).
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