Gooten Privacy Policy

Last Updated: April 1, 2017

Welcome to Gooten (“Gooten” or “we” and its derivatives). Gooten makes available a multi-component SaaS platform and provides related services (the platform, services and site, collectively, the “Services”) that facilitate on-demand production and fulfillment of products such as prints, wall décor, photo gifts, printed apparel, and other branded and/or personalized merchandise that incorporate user-provided images. We are committed to protecting your privacy when you use the Services, and this Privacy Policy (the “Policy”) describes how we collect and use information about individuals related to the Services. As used herein, “you” and “user” are used interchangeably and refer to anyone who visits our site or uses the Services. By visiting the site and or using the Services, you consent to the practices described in this Policy.

If you have any questions or comments about this Privacy Policy, please contact us at hello@gooten.com.

1. Data Types and Overview

“Personal Data” means data that allows someone to identify or contact you, (for example, your name, address, telephone number, and e-mail address) as well as any other non-public information about you that can be associated with or linked to any data that allows the identification of individuals.

“Anonymous Data” means data that is not associated with or linked to your Personal Data. Anonymous Data does not, by itself, permit the identification of individual people. We collect Personal Data and Anonymous Data, as described below.

We collect and use both Personal Data and Anonymous Data about users to (i) provide, measure, and improve the Services, (ii) communicate with you about your Account (as defined below) or transactions, (iii) send you information about changes to the Services or our policies, (iv) send you offers and promotions, (v) personalize content for you on the Services, (vi) detect, investigate and prevent activities that may violate our policies or applicable law, and (vii) as otherwise described in this Policy.

2. How We Obtain Information

a. Information You Provide to Us

To use the Services, you need to create a user account (an “Account”). When you create or update an Account, you must provide Personal Data that lets us contact you and deliver items purchased through the Service, and when you place an order we collect financial details such as your bank account number and/or credit card number that allow us or our third party service providers to process payments (“Financial Information”) all of which we may store and use as set forth in this Policy. In addition, may collect the following information in connection with the Services and site:

* If you use our Services on your mobile device, including through our mobile application (the “App”), we may collect your phone number and unique device id number.

* If you tell us where you are (e.g., by allowing your mobile device to send us your location), we may store and use that information to provide you with location-based information. This feature may be deactivated in the location settings of your device.

* Our site lets you store preferences like how your content is displayed, your location, safe search settings, and favorite widgets. We may associate these choices with your ID, browser or mobile device.

* Certain services, such as two-factor authentication, may require our collection of your phone number. We may associate that phone number to your mobile device identification information.

* We retain information on your behalf, such as content submitted via the Services in connection with an order.

* If you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the e-mail, in order to reply.

* If we provide the ability to post messages to the site (i.e., a forum), the information in your posting will be stored on our servers and other users will be able to see it.

* We also collect other types of Personal Data that you may provide to us voluntarily in connection with support for the Services, such as your operating system and version and mobile device or computer type.

* If you participate in a survey, sweepstakes, contest or giveaway on our site, we may ask for your e-mail address and/or phone number (to notify you if you win or not). We may also ask for first and last names, and sometimes post office addresses to verify your identity or to send prizes. Surveys, sweepstakes and contests are voluntary and you should read the rules for each sweepstakes and contest that you enter.

* We may also collect Personal Data at other points in our site or Services that state that Personal Data is being collected.

b. Information Collected via Technology

We use standard online and mobile technologies to perform and improve the Services, and in some cases, these technologies provide additional information about you:

* Information Collected by Our Servers. To make our site and Services more useful to you, our servers (which may be hosted by a third party service provider) collect information from you, including your browser type, operating system, Internet Protocol (“IP”) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and/or a date/time stamp for your visit.

* Log Files. As is true of most websites, we gather certain information automatically and store it in log files. This information includes IP addresses, browser type, Internet service provider (“ISP”), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information to analyze trends, administer the Services, track users’ movements around the site, gather demographic information about our user base as a whole, and better tailor our Services to our users’ needs. For example, some of the information may be collected so that when you visit the site or the Services again, it will recognize you and the information could then be used to serve information appropriate to your interests. Except as noted in this Policy, we do not link this automatically-collected data to Personal Data.

* Cookies. “Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing the website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience of the Services.

* Pixel Tags. In addition, we use “Pixel Tags” (also referred to as clear Gifs, Web beacons, or Web bugs). Pixel Tags are tiny graphic images with a unique identifier, similar in function to Cookies, that track online movements of web users. In contrast to Cookies, Pixel Tags are embedded invisibly in Web pages and not stored on a user’s computer. Pixel Tags also let us to send e-mail messages in a format users can read, and tell us whether e-mails have been opened to ensure that we are sending only messages that are of interest to our users. We do not tie the information gathered by Pixel Tags to our users’ Personal Data.

* Flash LSOs. When we post videos, third parties may use local shared objects, known as “Flash Cookies,” to store your preferences for volume control or to personalize certain video features. Flash Cookies are different from browser Cookies because of the amount and type of data and how the data is stored. Cookie management tools provided by your browser will not remove Flash Cookies.

* How We Respond to Do Not Track Signals. We do not currently respond to “do not track” signals or other mechanisms that might enable Users to opt out of tracking on our site or Services.

* Mobile Services. We may also collect non-personal information from your mobile device if you have downloaded our App. This information is generally used to help us deliver the most relevant information to you. Examples of information that may be collected and used include your geographic location, how you use the App, and information about the type of device you use. In addition, if our App crashes on your mobile device, we will receive information about your mobile device model software version and device carrier, which allows us to identify and fix bugs and otherwise improve the performance of our App. This information is sent to us in the aggregate information, and cannot be used to identify an individual.

* Analytics Services. Other companies may set their own cookies or similar tools when you visit our site or use the Services. This includes third party analytics services such as Google Analytics (“Analytics Services”) that we engage to help analyze how users use the Services. We may receive reports based on these parties’ use of these tools on an individual or aggregate basis. We use the information we get from Analytics Services only to improve our Site and Services. The information generated by the Cookies or other technologies about your use of our site and Services (the “Analytics Information”) is transmitted to the Analytics Services, which use Analytics Information to compile reports on user activity. The Analytics Services may also transfer information to third parties where required to do so by law, or where such third parties process Analytics Information on their behalf. Each Analytics Services’ ability to use and share Analytics Information is restricted by such Analytics Services’ Terms of Use and Privacy Policy. By using our site and Services, you consent to the processing of data about you by Analytics Services in the manner and for the purposes set out above. For a full list of Analytics Services, please contact us at hello@gooten.com.

c. Information Collected from Third Parties

We may receive Personal and/or Anonymous Data about you from companies that provide our Services by way of a co-branded or private-labeled website or companies that offer their products and/or services on our site. We may add this information to the information we have already collected from you as described in this Policy in order to improve the Services.

3. Use and Disclosure of Personal Data

a. general

Personal Data you submit to us is typically used either to provide the Services, respond to requests that you or your customers make, or help us serve you and your customers better. We use your Personal Data in the following ways:

* facilitate the creation of and secure your Account;

* identify you as a user in our system;

* provide improved administration of our site and Services;

* provide the Services you request;

* improve the quality of experience when you interact with our Site and Services;

* send you a welcome e-mail to verify ownership of the e-mail address provided when you create your Account;

* send you administrative e-mail notifications, such as security or support and maintenance advisories, as well as order and shipping confirmations;

* send newsletters, surveys, offers, and other promotional materials related to our Services.

b. User Testimonials and Feedback; Forums

We often receive testimonials and comments from users who have had positive experiences with our Services. We occasionally publish such content. When we do so, we may identify our users by their first and last name and indicate their home city, but will obtain the user’s consent prior to posting this information with the testimonial. We may post user feedback with a first name and last initial, or an Account handle that does not allow identification of the user, without obtaining advance consent. When you provide Feedback with respect to the Services, you consent to our using such Feedback, and identifying it, as described in this section.

If you make any comments on a blog or forum associated with your site, you should be aware that any Personal Data you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. Even if you later delete the information, it may have been saved by other users on their computers and deleting the post will not affect any such other copies of the information. We are not responsible for the Personal Data you choose to submit in these blogs and forums.

c. Creation of Anonymous Data.

We may create Anonymous Data records from Personal Data by excluding information that makes the data personally identifiable to you. We use this Anonymous Data to analyze request and usage patterns so that we may improve the Services and improve site navigation. We may use Anonymous Data and aggregated and other de-identified information for any purpose and disclose Anonymous Data to third parties in our sole discretion.

d. Disclosure of Personal Data.

Third Party Service Providers. We may share your Personal Data with third party service providers to: provide you with the Services that we offer you through our Site; to conduct quality assurance testing; to facilitate creation of Accounts; to provide technical support; and/or to provide other services to Gooten. These third party service providers are required not to use your Personal Data other than to provide the services requested by Gooten.

Affiliates. We may share some or all of your Personal Data with our parent company, subsidiaries, joint ventures, or other companies under a common control (“Affiliates”), in which case we will require our Affiliates to honor this Policy. Corporate Restructuring. We may share some or all of your Personal Data in connection with or during negotiation of any merger, financing, acquisition or dissolution transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets. In the event of an insolvency, bankruptcy, or receivership, Personal Data may also be transferred as a business asset. If another company acquires our company, business, or assets, that company will possess the Personal Data collected by us and will assume the rights and obligations regarding your Personal Data as described in this Policy.

Other Disclosures. Regardless of any choices you make regarding your Personal Data (as described below), we may disclose Personal Data if we believe in good faith that such disclosure is necessary (i) in connection with any legal investigation; (ii) to comply with relevant laws or to respond to subpoenas or warrants served on Company; (iii) to protect or defend the rights or property of Company or users of the Site or Services; and/or (iv) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or our Terms of Use.

4. Third Party Websites

Our site and Services may contain links to third party websites. The links to third party websites or locations are for your convenience and do not signify our endorsement of such third parties or their products, content or websites. When you click on a link to any other website, you will leave our site or Services and go to another site, and another entity may collect Personal Data or Anonymous Data from or about you. We have no control over, do not review, and cannot be responsible for, these outside websites, their content, or their practices. This Policy does not apply to these outside websites. We encourage you to read the privacy policies of every website you visit.

5. Your Choices Regarding Information.

You have several choices regarding the use of information on our Service:

Email Communications. We may periodically send you newsletters and e-mails that promote our site or Services. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly at hello@gooten.com. Despite your indicated e-mail preferences, we may send you service related communications, including notices of any updates to our Terms of Use or this Policy, via the email address associated with your Account.

Cookies. If you decide at any time that you no longer wish to accept Cookies from our Service, you can instruct your browser, by changing its settings, to stop accepting Cookies or to prompt you before accepting a Cookie from the websites you visit. Consult your browser’s technical information. If you do not accept Cookies, however, you may not be able to use all portions of the Service or all functionality of the Service. If you have any questions about how to disable or modify Cookies, please let us know at hello@gooten.com.

Changing or Deleting Your Personal Data. All users may review, update, correct or delete the Personal Data in their Account via the “My Account” page within the Services. If you completely delete all of your Personal Data, then your Account may be deactivated. We will use commercially reasonable efforts to honor your request. We may retain an archived copy of your records as required by law or for legitimate business purposes.

Security of Credit Card and Bank Account Information. For online payments and/or Automated Clearing House (ACH) payouts, we use the payment services of PayPal Holdings, Inc. (https://www.paypal.com and https://www.braintree.com). We do not process, record or maintain your credit card or bank account information. For more information on how payments are handled, or to understand the data security and privacy afforded such information, please refer to https://www.braintreepayments.com/legal.

6. Data Security and Integrity

The security, integrity and confidentiality of your information are extremely important to us. We maintain physical, electronic, and procedural safeguards to secure your Personal Data. However, there is always some risk in transmitting information electronically. The Personal Data we collect is stored within databases that we control. We use security measures consistent with industry standards, such as firewalls and encryption technology, to protect this information. However, we cannot guarantee the security of our databases, nor can we guarantee that information you supply won't be intercepted while being transmitted to us over the Internet.

7. Our Policy Towards Children

The Service is not intended for children under 13. If you become aware that we may have Personal Data of a child, please contact us at hello@gooten.com. We do not knowingly collect personal information from children under 13. If we become aware that a child under 13 has provided us with personal information, we will take steps to remove such information and terminate the associated Account.

8. Changes to this Policy

This Policy is subject to occasional revision, and if we make any material changes in the way we use your Personal Data, we will notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on the site. Any changes to this Policy will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our site. These changes will be effective immediately for new users of our Service. At all times you are responsible for updating your Personal Data to provide us with your most current e-mail address. If the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. If you do not wish to permit changes in our use of your Personal Data, you must deactivate your Account prior to the effective date of the changes. Continued use of the site or Service following notice of such changes will indicate your agreement to be bound by the terms and conditions of such changes.

© 2017 Breakout Commerce, Inc. d/b/a Gooten.