Privacy Policy

Effective Date: July 31, 2017

Your privacy is our most important goal. ShelfFlip, Inc., and its subsidiaries and affiliates, (collectively, "ShelfFlip," "we," or "us;") is committed to protecting the privacy of individuals who visit our websites, and who use our social media analytics platform commercially known as "UserGems" (available online at www.usergems.com) and related applications and services (collectively, the "Services"), who register to attend our events, and from whom we collect personal information through other means. This Privacy Statement describes ShelfFlip’s privacy practices in relation to the use of our websites and Services, and personal information we collect through the other means described below.

We regularly review our compliance with our Privacy Statement and adhere to several self regulatory frameworks, including the EU-US and the Swiss-US Privacy Shield Frameworks. When we receive formal written complaints, we will contact the person who made the complaint to follow up. We work with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that we cannot resolve with our users directly. To learn more about how we adhere to certain self-regulatory frameworks, please see Sections X and XI below.

When you visit our websites, or provide personal information to us through other means, you consent to the use of your information as described in this Privacy Statement.
I. WHAT DOES THIS PRIVACY POLICY COVER?
This Privacy Statement covers handling of non-public, personally identifiable information received through our websites or in relation to the Services. Our websites may contain links to other websites. The information practices or the content of such other websites is governed by the privacy statements of such other websites. We encourage you to review the privacy statements of other websites to understand their information practices.
II. WHAT INFORMATION DO WE RECEIVE AND HOW DO WE USE IT?
We receive the following types of information:

Registration Information. We may receive information about you when you register for the Services or one of our events such as your first and last name, e-mail and mailing addresses, professional title, company name, and, in the event you create an account on the Services, your password.

Billing information. When you purchase Services, we may require you to provide us with financial qualification and billing information, such as billing name and address, credit card number, and the number of your employees who you expect to use our Services.

Email, communications, and messaging information. If you email us or contact us via a messaging service (such as, for example, Twitter), we may keep your message, email address or user name, and contact information. If you wish to subscribe to our newsletter(s), we will use your name and email address to send the newsletter to you. Out of respect for your privacy, you may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails, accessing the email preferences in your account settings page or you can contact us at privacy@usergems.com. You cannot opt out of receiving transactional emails related to your account or use of the Services.

Website navigational information. As you navigate our websites, we may also collect information through the use of commonly-used information-gathering tools, such as Cookies, Log Data, and Web beacons (“website navigational information”). Website navigational information includes standard information from your web browser (such as browser type and browser language), your Internet Protocol (“IP”) address, and the actions you take on our websites (such as the web pages viewed and the links clicked). We may use website navigational information to keep track of how you interact with links in our websites and email messages, and with links to our websites in other companies’ websites and email messages. We do this to help improve our websites and Services, target our marketing efforts, and provide more relevant information to prospective customers. “Cookies" are identifiers we transfer to your computer or mobile device that allow us to recognize your browser or mobile device and tell us how and when our websites are visited by you. You may be able to change the preferences on your browser or mobile device to prevent or limit your computer or device's acceptance of cookies, but this may prevent you from taking advantage of some of the features of our Services. “Log Data” may include information such as your computer's IP address, browser type or the webpage you were visiting before you came to our website, pages of our website that you visit, the time spent on those pages, information you search for on our website, access times and dates, and other statistics. If you click on a link to a third party website, such third party may also transmit Cookies to you. This Privacy Statement does not cover the use of Cookies by any third parties, for example by our third-party analytics providers. We do not have access or control over these third-party Cookies. These third parties may use both session Cookies and persistent Cookies to enable us to design a better experience for you.

Session Cookies. Session Cookies disappear from your computer when you close your browser software or turn off your computer. If you have chosen to identify yourself to us, we use session Cookies containing encrypted information to uniquely identify you. Each time you log into the Services, a session Cookie containing an encrypted, unique identifier tied to your account is placed in your browser. These session Cookies allow us to uniquely identify you when you are logged into the Services and to process your online transactions and requests.

Persistent Cookies. Persistent Cookies remain on your computer after you close your browser or turn off your computer. We use persistent Cookies that only we can read and use to identify browsers that have previously accessed our websites and Services. When you visit our websites, purchase Services or provide us with personal information, a unique identifier is assigned you. This unique identifier is associated with a persistent Cookie that we place on your web browser. We are especially careful about the security and confidentiality of the information stored in persistent Cookies. For example, we do not store account numbers or passwords in persistent Cookies.

Information about your customers. In order to provide you with the Services, we also receive and store any information about your customers that you choose to provide to us. Typically this information includes names and email addresses of your customers, but will consist of any information you choose to provide to us.

Third parties and publicly available information. We may obtain non-public and/or public information, meaning information from publicly available sources like the Internet and social platforms (“Public Information”), including through the use of application programming interfaces (APIs) about an individual from third-party data sources. Given the non-private nature of such Public Information, we may share or disclose this public information, such as public social media user profile information, public likes or posts, or the people a user follows or that follow a user, with anyone for any purpose. Section IV, below, describes how we disclose the non-public information we receive.

Do Not Track. Currently, various browsers – including Chrome, Internet Explorer, Firefox, and Safari – offer a “do not track” or “DNT” option that relies on a technology known as a DNT header, which sends a signal to websites' visited by the user about the user's browser DNT preference setting. Because we want to provide you with a personalized experience, we do not change our behavior based on a web browser’s DNT signal.

We may use this personal information to administer, monitor, provide, personalize, analyze, and improve our website and the Services, to communicate with you, to provide information to you about our Services and partners, to provide demonstrations of our Services to you, to provide information to you about our events, to market our Services and events to you, and to provide information to you about our partners and their services and events. We use credit card information solely to check the financial qualifications of prospective customers and to collect payment for the Services and events.
III. WHERE WE STORE YOUR PERSONAL INFORMATION
The information that we collect from you may be transferred to, and stored and processed at, a destination in the United States. If you reside outside of the United States, by submitting information to us, you agree to this transfer, storing or processing. ShelfFlip uses Microsoft’s Azure Web Services to host our Services, including parts of the Service we use to store and process information we receive from website visitors, third parties, and individuals with whom we interact through email, other messaging systems, or telephone. This means that information submitted to our Services, and some other information ShelfFlip receives from you, is stored and maintained in accordance with Azure Web Services’s Privacy Statement, which can be viewed here: https://go.microsoft.com/fwLink/p/?LinkID=131004&clcid=0x409. Our Privacy Statement does not create any obligation on the part of Microsoft.
IV. WILL SHELFFLIP SHARE ANY OF THE PERSONAL INFORMATION IT RECEIVES?
We share the non-public personally identifiable information we receive with third parties as described below:

A. Trusted Third Parties: We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide the Services to you. Unless we tell you differently, such third parties do not have any right to use the personal information we share with them beyond what is necessary to assist us. This includes third party companies and individuals employed by us to facilitate our Services, including the provision of maintenance services, database management, analytics and general improvement of the Services ("Service Providers"). For more information on the specific privacy practices of these Service Providers, please contact us at privacy@usergems.com. Also, as part of our provision of the Services, we may send requests using the email address of your customers to common social media platform providers ("Social Providers") so that we can receive the publicly available contact and social information, such as addresses, gender, company, job titles, photos, website URLs, social network handles and physical addresses, related to the email address of your customer that you provide to us. We only share the information necessary for these Social Providers to be able to assist us in providing you with our Services and will never share your company name with them, making it impossible for a third party to associate you with your customers.

B. Business Transfers: We may choose to buy or sell assets. In these types of transactions, customer information is typically one of the business assets that is transferred. However, we will never sell the association between you and your customers for any other purpose than to continue the provision of Services to you. Also, if we (or substantially all of our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, the personal information we have received would be one of the assets transferred to or acquired by a third party. You will be notified via email and/or a prominent notice on our website of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.

C. Protection of ShelfFlip and Others: We reserve the right to access, read, preserve, and disclose any information that we reasonably believe is necessary to comply with law or a court order; comply with lawful requests, investigations, or enforcement from regulatory agencies, law enforcement, national security organizations, or other authorized statutory bodies like the Federal Trade Commission; enforce or apply our conditions of use and other agreements; or protect the rights, property, or safety of ShelfFlip, our employees, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.

D. Events: We do not share with our business partners information we receive about you through your registration for or attendance of events unless you specifically opt in to such sharing via an event registration form. If you do not wish for your information to be shared in this manner, you may choose not to opt in via event registration forms. If you choose to share your information with business partners in the manners described above, your information will be subject to the business partners’ respective privacy statements.

E. With Your Consent: Except as set forth above, you will be notified when your non-public personal information may be shared with third parties, and will be able to prevent the sharing of this information. We post customer testimonials/comments/reviews on our web site which may contain personally identifiable information. We obtain the consent of each customer prior to posting any information on such a list or posting testimonials.

F. Public and Non-personal Information: Our Services may offer publicly accessible blogs or community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. We may share or disclose your non-private, aggregated or otherwise non-personal information, such as your comments or posts to our public forums, including our blogs and bulletin boards or your chat messages in our chat rooms, as well as any publicly available information we receive about an individual.
V. IS THE PERSONAL INFORMATION SECURE?
We endeavor to protect the privacy of your account and other Personal Information we hold in our records, but we cannot guarantee complete security. When you enter your information on our website we encrypt the transmission of that information using transport layer security (TLS). However, the transmission of information via the Internet is not completely secure. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.
VI. WHAT PERSONAL INFORMATION CAN I ACCESS?
Through your account settings, you may access, and, in some cases, edit or delete the following information you've provided to us:
• name and password
• email address
• company name
• credit card information
• your customer’s email addresses

The information you can view, update, and delete may change as the website changes. If you have any questions about viewing or updating information we have on file about you, or your right to access such information, please contact us at privacy@usergems.com. We will respond to your request to access within thirty (30) days. Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of personal information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to: privacy@usergems.com.
VII. WHAT CHOICES DO I HAVE?
You can always opt not to disclose information to us, but keep in mind some information may be needed to register with us or to take advantage of some of our special features. You may be able to add, update, or delete information as explained in Section VI above. When you update information, however, we may maintain a copy of the unrevised information in our records. We will retain your information for as long as your account is active or as needed to provide you Services. You may request deletion of your account by contacting us at privacy@usergems.com. Please note that some information may remain in our private records after your deletion of such information from your account as required by law or our own business needs. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. We may use any aggregated data derived from or incorporating your personal information after you update or delete it, but not in a manner that would identify you personally.
VIII. CHANGES TO THIS PRIVACY POLICY
We may amend this Privacy Policy from time to time. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. If we make material changes or changes in the way we use Personal Information, we will notify you by posting an announcement on our Website or sending you an email prior to the change becoming effective. You are bound by any changes to the Privacy Policy when you use the website after such changes have been first posted.
IX. POLICY TOWARDS CHILDREN
Our Services are not directed to persons under age 13, and we do not knowingly collect personal information from children under the age of 13. If we become aware that a child under age 13 has provided us with personal information, we take steps to remove such information and terminate the child's account. If you become aware that your child has provided us with personal information without your consent, please contact us at privacy@usergems.com.
X. PRIVACY SHIELD STATEMENT
ShelfFlip complies with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States. ShelfFlip has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms 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, please visit https://www.privacyshield.gov.

Our accountability for personal information that we receive under the Privacy Shield and subsequently transfer to a third party is described in the Privacy Shield Principles. In particular, under certain circumstances, we may remain liable for the acts of our third-party agents or service providers who perform services on our behalf for their handling of EU or Swiss Personal Data that we transfer to them. Under certain circumstances, we may be required to disclose your EU or Swiss Personal Data in response to valid requests by public authorities, including to meet national security or law enforcement requirements. ShelfFlip maintains reasonable and appropriate security measures to protect EU or Swiss Personal Data from loss, misuse, unauthorized access, disclosure, alteration, or destruction in accordance with the Privacy Shield.

The Federal Trade Commission (FTC) has jurisdiction over our compliance with the Privacy Shield.

All ShelfFlip employees who handle personal information from Europe and Switzerland are required to comply with this Statement.
XI. ALTERNATE DISPUTE RESOLUTION AND ARBITRATION
In compliance with the Privacy Shield Principles, ShelfFlip commits to resolve complaints about our collection or use of your personal information. EU and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact ShelfFlip at the address stated in the "QUESTIONS OR CONCERNS" section below, we have designated our Privacy Officer to oversee our data privacy program, including our compliance with the EU Privacy Shield program and Swiss Privacy Shield. Our Privacy Officer shall review and approve any material changes to this program as necessary.

If you have any questions or complaints about the use or disclosure of your EU or Swiss Personal Data, please contact the Privacy Officer at privacy@usergems.com. We will investigate and attempt to resolve any complaints or disputes regarding the use or disclosure of your EU or Swiss Personal Data within 45 days of receiving your complaint. ShelfFlip has further committed to refer unresolved Privacy Shield complaints to JAMS, as our independent resolution body. If you remain unsatisfied with the resolution of your complaint after attempting to resolve the matter with us, you may contact JAMS at https://www.jamsadr.com/eu-us-privacy-shield, an alternative dispute resolution provider located in the United States for further assistance. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact or visit JAMS for more information or to file a complaint. The services of JAMS are provided at no cost to you. Under certain circumstances, either party may request binding alternative dispute resolution, provided you have taken the following steps: (1) raised your complaint directly with us and provided us the opportunity to resolve the issue; (2) made use of the independent dispute resolution mechanism identified above; and (3) raised the issue through the relevant data protection authority and allowed the US Department of Commerce an opportunity to resolve the complaint at no cost to you. For more information on binding arbitration, see US Department of Commerce's Privacy Shield Framework: Annex I (Binding Arbitration).
XII. QUESTIONS OR CONCERNS
If you have any questions or concerns regarding our privacy policies, please send us a detailed message by email to privacy@usergems.com or by mail to:

ShelfFlip, Inc.
Attn: Privacy Officer
2443 Fillmore Street #380-3416
San Francisco, CA 94115

We will make every effort to resolve your concerns.

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