(c) “Collected Information” means all (i) Personal Information and (ii) Non-Personal Information collected by SellerMobile;
(d) “Non-Personal Information” means all information collected by SellerMobile from you, whether electronically or manually, through (i) the website, (ii) your Selling Partner Account; (iii) e-mail messages and other electronic communications that you may send to SellerMobile, and (iv) other sources in the ordinary course of SellerMobile’s business, that is not Personal Information (including, but not limited to, any Analytical Information);
(e) “Personal Information” means all information collected by SellerMobile from you, whether electronically or manually, through (i) the website, (ii) your Selling Partner Account; (iii) e-mail messages and other electronic communications that you may send to SellerMobile, and (iv) other sources in the ordinary course of SellerMobile’s business, that relates to an individual and that identifies, or can be used in conjunction with other readily-accessible information to identify, such individual (including, but not limited to, name, e-mail address, physical address, phone number, device ID or other persistent identifiers tied to your computer or device).
(f) “Seller Information” means all information collected by SellerMobile, whether Personal Information or Non-Personal Information, related to any Amazon Selling Partner for which SellerMobile is a registered developer.
(g) “Buyer Information” means all information collected by SellerMobile, whether Personal Information or Non-Personal Information, related to any buyers of any Amazon Selling Partner for which SellerMobile is a registered developer.
Whether or not you have previously sent SellerMobile an e-mail message, you consent to us sending you e-mail messages and other electronic communications (a) in connection with your use of the website, (b) in connection with SellerMobile’s provision of Services; (c) in the ordinary course of business, or (c) for any other legitimate business purpose (including, but not limited to, marketing). Since SellerMobile endeavors to send e-mail messages and other electronic communications only to individuals desiring to receive them, you can unsubscribe to such e-mail messages or other electronic communications at any time by contacting SellerMobile as set forth in Section 21 or by following the directions contained in such e-mail messages or other electronic communications. Any request to unsubscribe to e-mail or other electronic communications will likely be effective within 48 hours after your request is received by us.
Except for any Collected Information obtained automatically through the website and addressed below, no Collected Information is obtained from you, unless it is voluntarily provided. For example, SellerMobile collects the full name, email address, postal address, phone number, and other identification and contact data from its customers or other individuals and companies who sign-up to receive information about SellerMobile and its Services. Customers may provide information to SellerMobile at the time of registering to use our Services, paying for our Services, posting material, responding to surveys and requesting further information or Services.
To the extent it becomes available, you may also provide information for publication or display (“Posted”) on public areas of websites you access through SellerMobile provided Services (collectively, “User Content”). Your User Content is Posted and transmitted to others at your own risk. Although you may set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of third parties with whom you may choose to share your User Content. Therefore, we cannot and do not guarantee that your User Content will not be viewed by unauthorized persons.
Regardless of the method used to obtain Collected Information, SellerMobile will only collect and retain Personal Information in a manner that is consistent with: (1) all applicable privacy and security laws, (2) the purposes for which the Personal Information is provided and (3) SellerMobile’s other legitimate business purposes (including, but not limited to, marketing). You are responsible for obtaining any approvals, authorizations, consents, permissions and permits that are required in connection with your providing SellerMobile with any information (including, but not limited to, any information relating to a third party). In using some features of the Services, you may also be able to authorize the transfer of Buyer Information. You represent and warrant that all Buyer Information was obtained by you in accordance with all applicable laws and that you have the right to provide SellerMobile with such information for the purpose of providing the Services.
SellerMobile is 100% Amazon compliant. We do not use any unauthorized methods of collecting Seller Central data, such as scraping. Amazon has a Merchant Web Services Application Program Interface (MWS API) created specifically for developers like us to access Seller Central accounts in a way that is safe and protected. We regularly participate in Amazon audits to ensure that we are following all of Amazon’s Terms of Service. This in-turn protects our software and users of our software from being penalized by Amazon.
Analytical Information is collected automatically through the website or other SellerMobile-provided Services. Analytical Information will only be used by SellerMobile (a) to record your use of the website or services, (b) to diagnose problems with the website or services, (c) to improve the website or services and make them more useful to you and other users, (d) to monitor and analyze trends, usage, and activities in connection with the Services; (e) for marketing, advertising, administrative, analytical, research, optimization, and other purposes.; and (f) for other legitimate business purposes. . From time to time, we may use third parties to deliver ads to you over the internet. For example, Google Analytics is one of the providers we use to collect Analytical Information. These data analytics and online advertising providers may combine and use data collected through your use of the website with data they collect over time and across different websites for their own purposes. You can learn about how Google collects and processes data at https://policies.google.com/technologies/partner-sites. You can learn about the controls Google offers to manage the collection and use of your information at https://policies.google.com/privacy. We recommend that you review these other entities’ privacy policies or notices at the links provided above.
Specifically, we may use Collected Information, including Personal Information from individuals acting in their capacity as business representatives, to provide, operate, maintain, improve, and promote the Services. For example, we may use Collected Information to: (1) establish an account, logging in, linking your Seller Central Account and taking actions requested by you; (2) enable you to access and use the Services, including uploading, downloading, collaborating and sharing reports, analytical content and related information; (3) process, verify, and complete transactions, and send you related information, including invoices, to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing, collection and enforcement, and to build a user database; (4) send transactional messages, including responding to your comments, questions, and requests; and (5) provide customer service and support; sending you technical notices, updates, security alerts, and support and administrative messages sending statements, invoices and payment reminders to you;
SellerMobile may also use Collected Information for marketing purposes including to: (1) contact customers and prospective customers to discuss their interest in SellerMobile, its Services, ways to improve upon those Services, and to send marketing material concerning promotions and events for SellerMobile or companies with which SellerMobile has any sort of strategic or marketing alliance. SellerMobile may also e-mail newsletters and updates about the Services or the company. You can opt-out of receiving these communications by contacting us and requesting that you no longer receive these communications.
Any Collected Information obtained by SellerMobile, whether or not for a specific purpose, may be transferred to third parties designated by SellerMobile (including, but not limited to sub-contractors or vendors engaged by SellerMobile to perform administrative and technological functions) for any purposes for which SellerMobile could use such Collected Information.
SellerMobile, however, does not disclose Collected Information to affiliated companies. Collected Information, including Seller Information and Buyer Information, may be disclosed to Amazon through the Seller Central Account. If Collected Information is so transferred, SellerMobile will have no responsibility for any action of the third party to whom or which such Collected Information is transferred.
Specifically, disclosure of collected information may be made to the following persons or entities:
(b) Authorized Personnel. SellerMobile employees may have access to Collected Information as necessary in the normal course of our business.
(c) Business Transfers. In some cases, SellerMobile may choose to buy or sell assets, or have engaged in discussions with a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by us about our Services users is among the assets transferred. In these types of transactions, user information is typically one of the business assets that is transferred. Moreover, if the Services, the company, or substantially all of its assets, were acquired, liquidated, or dissolved, Personal Information would be one of the assets that is transferred.
(d) Government, Law Enforcement or Third Parties. SellerMobile may disclose any Collected Information, including, without limitation, Personal Information that we deem necessary, in our sole discretion and without your prior permission, to comply with any applicable law, regulation, legal process or governmental request. We also may exchange Collected Information, including, without limitation, Personal Information, with other companies and organizations to protect the rights, property, or safety of SellerMobile and its affiliates, personnel, users, third parties, or others. We reserve the right to disclose a user’s Personal Information if we believe, in good faith, that the user is in violation of the Terms and Conditions, even without a subpoena, warrant or other court order.
The website is not intended for children under 13 years of age. However, if a parent or guardian of a child who is under 13 years of age discovers that Personal Information of such child has been submitted to SellerMobile through the website without the parent’s or guardian’s consent, SellerMobile will use commercially reasonable efforts to remove such information from the website and SellerMobile’s servers at the parent’s or guardian’s request. To request the removal of such Personal Information, the parent or guardian must contact SellerMobile as set forth in Section 21, and provide all information requested by SellerMobile to assist it in identifying the Personal Information to be removed.
If you have an account, you can help ensure that your contact information and preferences are accurate, complete, and up to date by logging into your account or by emailing us as set forth in Section 21. For other Personal Information we hold, we will provide you with access for any purpose including requesting that we correct the data if it is inaccurate or delete the data if we are not required to retain it by law or for legitimate business purposes. We may request certain Personal Information for the purposes of verifying the identity of the individual seeking access to his/her personal information records. We may decline to process requests that are frivolous/vexatious, jeopardize the privacy of others, are extremely impractical, or for which access is not otherwise required by local law.
If you delete your Seller Information from the Services, copies of your Seller Information may remain viewable in cached and archived pages or might have been copied or stored. Proper access and use of information provided on the Services, including Seller Information, is governed by our Terms and Conditions which can be accessed here: www.sellermobile.com.
SellerMobile will retain Collected Information no longer than required for the purposes for which it was collected and processed, unless SellerMobile is legally permitted or required to continue holding it, or it is relevant to the SellerMobile’s interests in any pending dispute, judicial proceeding, government investigation or has another lawful basis to continue holding it. Collected Information will be retained by SellerMobile no longer than sixty (60) days after cancellation or nonrenewal of your subscription agreement.
SellerMobile will protect Collected Information from loss, misuse and unauthorized access, alteration, destruction and disclosure as required by all applicable laws privacy and security laws. SellerMobile will, at a minimum, use commercially reasonable efforts to protect Personal Information from loss, misuse and unauthorized access, alteration, destruction and disclosure. We implement reasonable administrative, technical, organizational and physical precautions to safeguard against the loss, misuse or alteration of your Collected Information, including Personal Information. For example, we will store all the Personal Information you provide on our secure password and firewall-protected servers. We will also notify consumers and regulatory authorities in the case of a breach involving Personal Information without undue delay. Since no transmission of information over the Internet or electronic storage of information is completely secure, it is possible that Collected Information could be lost, misused or accessed, altered, destroyed or disclosed without authorization, even if SellerMobile uses such reasonable efforts.
You acknowledge that the safety and security of your information also depends on you. You are responsible for keeping the password you use for accessing the Services confidential; we will not ask you for your password (except when you log in to our Services). If you do not maintain standard security practices, SellerMobile will not assume the liability associated with Collected Information that is lost, misused, altered, destroyed or disclosed, as a result of those sub-standard security practices
The Services are controlled and operated by SellerMobile from the United States. If you are not a resident of the United States or you are located outside the United States, you should not use the Services unless you are in compliance with all applicable law. If you choose to use the Services or provide information to us, please note that we may transfer Personal Information provided by you for processing in the United States. By providing Personal Information to us for the purpose of setting up an account, obtaining Services, or placing you or your company on our contact lists, you consent to the transfer of Personal Information to the United States. The transfer of that Personal Information to the United States is necessary for SellerMobile to provide Services.
We do not represent or warrant that the Services, or any portion thereof, are appropriate, lawful, or available for use in any particular jurisdiction. Those who choose to access the Services do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations, and are subject to United States export controls in connection with your use of the Services and are responsible for any violations of such controls, including, without limitation, any United States embargoes or other federal rules and regulations restricting exports.
This policy shall be governed by, and construed and interpreted in accordance with, (a) any applicable privacy law solely to the extent required by such law, and (b) in all other cases, the laws of the state of Texas, without regard to its principles of conflict of laws. If there is any conflict or inconsistency between any provision of this policy and any provision of any applicable law, the latter shall control.
Whenever possible, each provision of this policy shall be interpreted to be effective and valid under applicable law. If, however, any such provision shall be prohibited by or invalid under such law, it shall be deemed modified to conform to the minimum requirements of such law, or if for any reason it is not so modified, it shall be prohibited or invalid only to the extent of such prohibition or invalidity without the remainder of such provision, or any other provision of this policy, being prohibited or invalid.
Except as provided in this policy, or any applicable law, you are solely responsible for all fees and disbursements of any attorney or other advisor retained by you in connection with enforcing your rights under this policy.