Digismoothie Shopify Apps Privacy Policy

This Privacy Policy was last updated on August 24, 2019.

This Privacy Policy describes the information Digismoothie, s.r.o. (“Company”, “Digismoothie”, “we”, “us” and/or “our”) collects about you, how we use and share that information, and the privacy choices we offer. This policy applies to information (including personally identifiable data (“Personal Data”)) we collect when you register, access or use our website, applications, products, and services, or when you otherwise interact with us (collectively, the “Services”). As used in this Privacy Policy, the term “Site” includes: all websites and all devices or applications operated by Digismoothie that collect personal information from you; pages within each such website, device, or application, any equivalent, mirror, replacement, substitute, or backup website, device, or application; and pages that are associated with each such website, device, or application. The term “Site” specifically includes these:

  • website www.digismoothie.com
  • website www.shopifycesky.cz
  • Shopify application Candy Rack https://apps.shopify.com/candyrack
  • Shopify application Gift Box https://apps.shopify.com/gift-box
  • Shopify application Out Of Stock Last https://apps.shopify.com/out-of-stock-last
  • Shopify application Candy Cart (to be published)
  • web-based online chat application Intercom which we are using in all of our sites/services

Your access to and use of the Services is also subject to when executed our Terms of Service. If there is any contradiction between Privacy Policy and another executed agreement you enter into applicable to specific aspects of the Service, the other agreement shall take precedence in relation to the specific aspects of the Service to which it applies.

As used in this Privacy Policy, the words “you” and “your” refer to you, the user of Digismoothie’s website, device, or applications, as the party agreeing to the Privacy Policy. By visiting and using the Site, you accept the practices described in the Privacy Policy. The use of the word “including” in this Privacy Policy to refer to specific examples will be construed to mean “including, without limitation” or “including but not limited to” and will not be construed to mean that the examples given are an exclusive list of the topics covered.

PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY ACCESSING OR USING THE SITE OR THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE PRIVACY POLICY. IF YOU ARE ENTERING INTO THE PRIVACY POLICY ON BEHALF OF A COMPANY, BUSINESS OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND AFFILIATES TO THE PRIVACY POLICY, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE TO BE BOUND BY THE PRIVACY POLICY, YOU MAY NOT ACCESS OR USE THE SITE OR THE SERVICES.

1. Information We Collect

Digismoothie may collect personal information (including Personal Data) and other information about you, including but not limited to the following:

  • first name and surname, username and password, email address, contact information, country of residence, job title, and other information you provide us when you create an account, sign-up to receive communications or materials from us, or otherwise submit a form to us;
  • Transaction and payment information you provide when purchasing a product or service from us. This information may include the information listed above as well as payment information;
  • Content and information that you submit when using Digismoothie; this information includes, for example, information you provide on the Sites, information you provide when you participate in any interactive features or surveys, and information you submit when filing a support ticket;
  • Usage, viewing, logs, and other device and technical data collected when you visit our sites as an end user, or open or reply to emails we send. This may include information such as your web request, Internet Protocol (“IP”) address, device identifiers, device information (such as OS type or browser type), cookie IDs, referring / exit pages and URLs, interaction information (such as clickstream data), domain names, pages viewed, and other similar technical data;
  • Information about you and your company collected from third party or public sources or that we receive from companies that partner with us to provide products and services; this may include information about you and your company we receive from our advertising and market research partners, who may provide us with information about your interest in and engagement with our online advertisements; and
  • Location information when you visit our Sites, including location information either provided by a mobile device interacting with one of our sites or applications or associated with your IP address.

2. Use of Your Information

We may use, save and analyze the information you provide about yourself and about your Third-Party Sites (together “Data Processing”). Such Data Processing is necessary to perform our Services to you, including our Terms of Service and our legitimate business interests, including:

  • to fulfill your requests for our products, programs and Services and process and analyze your application,
  • to respond to your inquiries about our Services,
  • to provide customer support,
  • to offer you other products, programs, or services that we believe may be of interest to you,
  • to verify the existence and condition of your accounts and conduct due diligence,
  • to fulfill legal requirements,
  • to protect against potentially prohibited or illegal activities,
  • to improve (including through data analytics), monitor and personalize the Services and conduct our business and to provide targeted marketing and advertising,
  • to measure the performance of and improve the Site or mobile application functionality; and
  • to manage, administer and protect our information technology infrastructure and Site security generally.

By providing us with your information (including Personal Data and any data that may be subject to a privacy regime of any jurisdictions), you are explicitly consenting to our use, collection, monitoring and processing of it in accordance with this Privacy Policy. You acknowledge and agree that such Personal Data may be transferred from your current location to the offices and servers of Digismoothie and the authorized third parties referred to herein located in the United States.

This Privacy Policy does not apply to any personal information collected by Digismoothie other than personal information collected through the Services. This Privacy Policy shall not apply to any unsolicited information you provide to Digismoothie through the Services or through any other means. This includes, but is not limited to, information posted to any public areas of the Services, such as forums, any ideas for new products or modifications to existing products, and other unsolicited submissions (collectively, “Unsolicited Information”). All Unsolicited Information shall be deemed to be non-confidential and not personal information and Digismoothie shall be free to reproduce, use, disclose, and distribute such Unsolicited Information to others without limitation or attribution.

This Privacy Policy applies only to the Services. The Services may contain links to other web sites and services not operated or controlled by Digismoothie (the “Linked Sites”). The policies and procedures we described here do not apply to the Linked Sites. The links from the Services do not imply that Digismoothie endorses or has reviewed the Linked Sites, we are not responsible for actions of these Linked Sites.

Digismoothie may also disclose aggregated user statistics in order to describe our services to current and prospective business or financing partners, and to other third parties for other lawful purposes.

3. Sharing of Information

We may share personal information about you as follows and you hereby consent to such sharing:

  • With our subsidiaries and affiliates for purposes consistent with this Privacy Policy;
  • With our agents, consultants and related third parties to perform certain business-related functions. This also includes a third party company Intercom, Inc. which we are using for our in-app chat widget;
  • In connection with, or during the negotiation of, any merger, sale of company stock or assets, financing, acquisition, reorganization, divestiture, or dissolution of all or a portion of our business;
  • To respond to a request of a governmental entity, subpoenas, court orders, or legal process;
  • To respond to claims that any posting or other content violates the rights of third parties;
  • If required to do so by law or in the good faith belief that such action is necessary to:
    • comply with any legal obligation;
    • investigate, prevent, defend against, or take other action regarding violations of our Terms of Service, illegal activities, suspected fraud, or situations involving potential threats to the legal rights or physical safety of any person or the security of our network, Sites or Services;
    • generally protect against legal liability or otherwise protect our rights; or
    • to protect the health and safety of our Sites’ users or the general public in an urgent or emergency; or
  • To any other third party only with your consent.

Your Rights If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.

Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.

4. Data Security and Integrity

Digismoothie is concerned about the security of your data. We have implemented technical and organizational security measures that are designed to help protect your information from unauthorized access, disclosure, use, and modification. From time-to-time, we review our security procedures to consider appropriate new technologies and methods.

Please be aware, though, that despite our efforts, no security measures are perfect or impenetrable. We cannot ensure, and do not warrant or guarantee that the information you transmit to Digismoothie will remain secure, nor do we guarantee that this information will not be accessed, disclosed, altered, destroyed or used in an unauthorized manner.

If we learn of a security breach, we may attempt to notify you electronically so that you can take appropriate protective steps. We may also post a notice on the Site if a security breach occurs. Depending on where you live, you may have a legal right to receive a notice of a security breach in writing.

5. Email Communications

We may provide our registered customers with summaries of their account information and email alerts. We may also allow users to subscribe to email newsletters and from time to time may transmit emails promoting Digismoothie or third-party goods or services.

Subscribers have the ability to opt-out of receiving our promotional emails and to terminate their newsletter subscriptions by following the instructions in the emails. Opting out in this manner will not end transmission of service-related emails, such as email alerts.

6. Changes to Your Personal Information

You can easily access personal information that you have submitted to us and request the correction of any inaccurate information you have submitted to us via your user account.

You may also email us if you wish to deactivate your account or delete your information. We will, however, need to retain your information for as long as your account is active or as long as reasonably useful for commercial purposes (including if any amounts are outstanding). We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, collect on amounts owing and enforce our agreements.

7. California Privacy Rights

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our customers who are California residents to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If you are a California resident and would like to make such a request, please submit your request to info@digismoothie.com. In your request, please attest to the fact that you are a California resident and provide a current California address for our response. Please be aware that not all information sharing is covered by the California Privacy Rights requirements and only information on covered sharing will be included in our response.

8. Changes to Privacy Policy

From time-to-time, we may change this privacy policy to accommodate changes to our products, services and companies, new technologies or industry practices, updated regulatory requirements, or for other purposes. We will provide notice to you (as described below) if these changes are material.

Notices may be by email to the last email address you provided us, by posting notice of such change on our Site or by other communication channels. You consent to receive notices in these ways. We reserve the right to determine the form and means of providing notifications to you, consistent with applicable law.

9. Children

Digismoothie does not knowingly collect Personal Data from persons under the age of 18. If you are under the age of 18, please do not submit any Personal Data through the Services. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Data on the Services without their permission. If you have reason to believe that a person under the age of 18 has provided Personal Data to Digismoothie through the Services, please contact us, and we will endeavor to delete that information from our databases.

10. Changes to Privacy Policy

The laws and regulations in different countries may impose different (and even conflicting) requirements on the Internet and data protection. The servers that make the Site available are located in the United States and Canada. Please note that any information you provide will be transferred to the United States and Canada, and by using the Site or providing Digismoothie personal information (including Personal Data), you authorize this transfer.

Got Questions?

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at info@digismoothie.com or by mail using the details provided below:

Digismoothie, s.r.o.
Havlickova 13
11000 Prague
Czechia