Redbrain – Google Shopping App referred to as Redbrain for Shopify Privacy Notice
Redbrain – Google Shopping App referred to as Redbrain for Shopify known as the “App” provides marketplace services to Merchants who use Shopify to power their stores. This privacy notice describes how personal information is collected, used, and shared when you install or use the App in connection with your Shopify store.
CONTROLLER FOR PERSONAL DATA
Under data protection laws such as the UK/EU GDPR a “controller” is a person or organisation who alone or jointly determines the purposes for which and the way any personal data is or is likely to be processed. Unless we notify you otherwise Redbrain is the controller of your personal data for the purpose of this App. In other jurisdictions the equivalent term to denote “controller” shall apply.
TYPES OF PERSONAL DATA
Personal data or personal information means any information about an individual from which that person can be identified. It does not include data where the identity has been removed. This is known as anonymised data. Anonymised data falls outside the scope of data protection laws.
INFORMATION THE APP COLLECTS
When you install the App, we are automatically able to access certain types of information from your Shopify account which you have provided to us.
Redbrain may collect, use, store and transfer different kinds of personal data about you (the Merchant) and customers who order from your Shopify store which we have grouped together:
- Identity Data includes first name, last name, username or similar identifier and title.
- Contact Data includes billing address, delivery address, email address and telephone numbers.
- Device Data includes the type of mobile device you use, a unique device identifier for example, your Device’s IMEI number, the MAC address of the Device’s wireless network interface, or the mobile phone number used by the Device, mobile network information, your mobile operating system, the type of mobile browser you use, and the time zone setting.
- Financial Data includes transaction data of store orders.
- Marketing and Communications Data includes your preferences in receiving marketing from us and your communication preferences.
PROVIDING PERSONAL DATA
Where we need to collect personal data by law or under the terms of a contract we have with you and you do not provide that information when requested we may not be able to perform the contract we have or are trying to enter into with you for example to provide you with our services. In this case we may not be able to provide you with our service and we will notify you if this is the case at the time.
HOW DO WE USE YOUR PERSONAL INFORMATION?
Redbrain will only use your personal data when the law allows us to. We will use your personal data in the following circumstances:
- Performance of a contract: Where we need to perform the contract we are about to enter into or have entered into with you. For example when you sign up to our services.
- Legal obligation: Where we need to comply with a legal obligation. For example for accounting or legal purposes.
- Legitimate interests: Where it is necessary for our legitimate interests or those of a third party and your interests and fundamental rights do not override those interests.
- Consent: When you install the App you consent to the installation of the App. Where we do rely on consent you have the right to withdraw consent at any time for example by uninstalling the App.
Please also see Marketing communications.
PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA
We have set out below in a table format a description of all the ways we plan to use your personal data and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
|Purpose/Activity||Type of data||Lawful basis for processing including basis of legitimate interest|
|To register you as a member for the provision of our services.||(a) Identity
|To respond to any enquiries||(a) Identity
|(a) Performance of a contract with you
(b) Necessary for our legitimate interests
|To process and deliver our services to you including:
(a) Manage payments, fees and charges
(b) Collect and recover money owed to us
(d) Marketing and Communications
|(a) Performance of a contract with you
(b) Necessary for our legitimate interests i.e., to recover debts due to us
|To manage our relationship with you which will include:
(a) Notifying you about changes to our terms or privacy notice
(b) Asking you to leave a review or take a survey
(c) Marketing and Communications
|(a) Performance of a contract with you
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests i.e., to keep our records updated and to study how customers use our products/services
|To administer and protect our business and this App including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data||(a) Identity
|(a) Necessary for our legitimate interests for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise
(b) Necessary to comply with a legal obligation
|To deliver relevant App content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you||(a) Identity
(d) Marketing and Communications
|Necessary for our legitimate interests i.e., to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy|
|To use data analytics to improve our App, products/services, marketing, customer relationships and experiences||(a) Technical
|Necessary for our legitimate interests to define types of customers for our products and services, to keep our App updated and relevant, to develop our business and to inform our marketing strategy
Note: Where applicable consent will be used for data analytics obtained through cookies or similar technologies.
|To make suggestions and recommendations to you about our services that may be of interest to you||(a) Identity
(e) Marketing and Communications
(b) Necessary for our legitimate interests to develop our products/services and grow our business
Redbrain may send Merchants marketing communication. You have the right to object to processing of your personal data for direct marketing purposes. You can unsubscribe from receiving marketing communications from us by using the unsubscribe methods contained in communications we send to you or by contacting us. See Contact us.
Where you opt out of receiving marketing communications this will not apply to personal data provided to us as a result of registering for or using our service, your service experience or other interactions with this App.
HOW WE SHARE YOUR PERSONAL DATA
We may have to share your personal data with the parties set out below:
- Internally: Your personal data will be used by our employees and contractors who are working on providing your services to you on a need-to-know basis.
- Suppliers: This would include service providers who support our business including IT and communication suppliers and outsourced business support to ensure our service runs smoothly.
- Professional advisers: This would include lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.
- Law enforcement bodies, regulators and other authorities: This is to comply with our legal requirements or adhere to good practices.
- Third parties: This is in the context of the acquisition or transfer of any part of our business or in connection with the business reorganisation. If a change happens to our business then the new owners may use your personal data in the same way as set out in this privacy notice.
HOW WE SAFEGUARD PERSONAL DATA WHEN WE TRANSFER IT INTERNATIONALLY
We ensure a similar degree of protection is afforded whenever we transfer personal data out of the UK/EU by ensuring at least one of the following safeguards is implemented:
- We will only transfer your personal information to countries that have been deemed to provide an adequate level of protection for personal information; or
- We will use specific contracts approved for use in the UK/EU which give personal information the same protection it has in the UK/EU For example, the use of Article 46 UK/EU GDPR safeguard mechanisms to transfer personal data.
In addition we follow the rules and regulations where required for the transfer of personal information regarding other jurisdictions that we may operate.
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
The transmission of information via the internet is not completely secure. Although we will take reasonable measures to protect your personal data, Redbrain cannot guarantee the security of your information transmitted and any transmission is at your own risk.
Redbrain will only retain your personal data for as long as necessary to fulfil the purposes we collected it for including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
To determine the appropriate retention period for personal information we consider the amount, nature and sensitivity of the personal information, the potential risk of harm from unauthorised use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means and the applicable legal, regulatory, tax, accounting or other requirements.
Redbrain may anonymise your personal data so that it can no longer be associated with you for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
DATA SUBJECT RIGHTS
Under certain circumstances, you have rights under data protection laws such as the UK/EU GDPR. You can:
- Request access to your personal data: This is known as a “data subject access request” and enables you to receive a copy of the personal data Redbrain holds about you.
- Request correction of your personal data: This enables you to have any incomplete or inaccurate information we hold about you corrected.
- Request erasure of your personal data: This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. Note: We may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you at the time of your request.
- Object to processing of your personal data: This is where we are processing your personal data based on a legitimate interest or those of a third party and you may challenge this. However, we may be entitled to continue processing your information based on our legitimate interests or where this is relevant to any legal claims. See also Marketing communications.
- Request restriction of processing your personal information. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the information’s accuracy (b) where our use of the information is unlawful but you do not want us to erase it (c) where you need us to hold the information even if we no longer require it as you need it to establish, exercise or defend legal claims or (d) you have objected to our use of your information but we need to verify whether we have overriding legitimate grounds to use it.
- Request transfer of your personal information (“data portability”): This is where in some circumstances we will provide to you or a third party you have chosen your personal data in a structured, commonly used, machine-readable format.
- Right to withdraw consent: This is where we are relying on consent to process your personal data. This will not affect the lawfulness of any processing carried out before you withdraw your consent. Depending on the processing activity, if you withdraw your consent we may not be able to provide certain services to you. We will advise you if this is the case at the time you withdraw your consent.
- Automated decision making: This is where decisions are made about you by automated means. We do not carry out automated decision making.
KEEPING PERSONAL INFORMATION ACCURATE AND CURRENT
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us. If you wish to update your personal data please contact us. See Contact us.
CARRYING OUT YOUR DATA SUBJECT RIGHTS
You will not have to pay a fee to access your personal data or to exercise any of the other rights. However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal information or to exercise any of your other rights. This is a security measure to ensure that personal information is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
If you wish to exercise any of the rights set out above, please contact us at email@example.com.
CONCERNS AND COMPLAINTS
We would appreciate the chance to deal with your concerns in the first instance. Please see Contact us section. If you have unresolved concerns and you live or work in the UK or believe that a personal data breach happened in the UK you have the right to complain at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk).
If you live or work outside the UK or you have a complaint concerning our personal data processing activities you may lodge a complaint with another supervisory authority.
SPECIFIC TO CALIFORNIAN RESIDENTS
Under California data protection laws such as the California Consumer Privacy Act (“CCPA”) you have the right to know what personal information the business collects, discloses and/or sells. For further information please see headings above on how we collect and process personal information.
You also have the right to access what personal information has been collected about you by making a request. Once we confirm your identity and nature of your request we can share with you the categories of personal information that we have collected about you in the preceding 12 months. This includes the categories of sources for the personal information RedBrain collected, any specific pieces of personal information RedBrain collected, the purpose for which the personal information was collected and the categories of our third parties with whom we share this information. See headings above on how we collect process and share personal information.
Certain exceptions will apply however you have the right to request that we delete your personal information. You also have the right to request that your personal information is transferred to a third party.
RedBrain has not sold your personal information pursuant to California data protection laws.
RedBrain will not discriminate against you for exercising your rights. This means we do not deny goods or services, charge a different price or provide a different level or quality of goods or services just because you exercised your rights under California data protection laws.
Please also see heading: Keeping personal information accurate and current.
If you are a California resident and would like to submit a consumer request or to find out more about how we process your personal information please email firstname.lastname@example.org
CHANGES TO OUR PRIVACY NOTICE
This privacy notice may be changed from time to time in response to legal, technical or business developments. We will take appropriate measures to inform you when we update our privacy notice. We will obtain your consent to any material privacy notice changes if and where this is required by applicable data protection laws.
For more information about our privacy practices, please contact us by e-mail at email@example.com
This version was last updated on 5 September 2022.