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Last Updated: 12-22-2023
Introduction
Welcome to NewStore! NewStore (“NewStore”, “we”, “our”, or “us”) provides a mobile platform that enables retailers to provide a unified shopping experience across online, mobile and in-store properties.
NewStore has created the following Privacy Statement to describe how we collect, use, disclose, and protect information from or about those individuals visiting our website (located at www.newstore.com), other social media, any other website or mobile application offered by us that links to this Privacy Statement, and any other interactions (e.g., customer service and other communications) that you may have with NewStore (collectively, the “Services”).
This Privacy Statement applies when NewStore acts as the “data controller” of your information, meaning the entity that chooses the nature of means of processing your information. However, this Privacy Statement does not cover information that NewStore collects and processes about end users of our entity customers (“Customer Users”) on behalf of such customers, in connection with the services provided by NewStore to customers pursuant to an applicable Master Services Agreement (“Customer User Communications”). In such circumstances, NewStore, as a “data processor,” processes Customer User Communications and other information of Customer Users under the instructions of the relevant customer (who is the “data controller” or similar role as defined in applicable privacy laws), as described in the applicable Master Services Agreement entered into by such customer and NewStore. NewStore’s obligations as a “data processor” with respect to such information are defined in such Master Services Agreement, and are not made part of this Privacy Statement. If you are a Customer User and you have questions about how your information is collected and processed through these services, please contact the customer who has provided your information to us for more information.
PLEASE READ THIS PRIVACY STATEMENT CAREFULLY TO UNDERSTAND HOW WE HANDLE YOUR INFORMATION. IF YOU DO NOT AGREE TO THIS PRIVACY STATEMENT, PLEASE DO NOT USE THE SERVICES.
Table of Contents
This Privacy Statement contains the following sections:
Information We Collect About You
Information You Provide Directly to Us
We collect information about you when you voluntarily submit it directly to us when you access or use our Services. This can include information you provide to us when you:
The types of information we collect directly from you include:
If you choose not to provide certain information, we may not be able to provide the Services to you or respond to your other requests.
Information We Collect Automatically
When you use our Services, we and our service providers (who are third parties that perform services on our behalf) automatically collect certain information about your device and how you use the Services, including your IP address, browser type, browser language, operating system, the state or country from which you accessed the Services, software and hardware attributes (including device IDs), referring and exit pages and URLs, platform type, the number of clicks, files you download, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time you used the Services, error logs, and other similar information. From your IP address, we may be able to infer your general location (e.g., city/state or postal code).
To collect this information, we and our service providers may use of “cookies” or similar tools that track, measure, and analyze the behaviors and usage patterns of our users. Cookies are small data files that can be stored on your browser and device so we can recognize you when you return. We use cookies for analytics and advertising purposes, to deliver certain features of the Services, to help us understand how users engage with the Services, and to improve your experience. You may set your web browser to notify you when you receive a cookie and to accept or refuse certain cookies. However, if you elect not to accept cookies, some functionality and areas of the Services may be restricted. To learn how to manage your cookies, please follow the instructions from your specific browser, or if accessing the Services via a mobile device, refer to the manufacturer’s instructions.
For more details, please refer to the “Online Analytics and Advertising” section below or review our Cookie Policy.
Information We Collect from Others
From time to time, we may collect information about you from other sources, including marketing vendors, survey providers, data enhancement services, social media, conferences, and other industry events or other purposes that we explain to you at the time of collection, to the extent permitted by applicable law. We use this information to supplement the information that we collect directly or automatically from you in order to derive your possible interests and provide more relevant experiences for you and improve our Services, analytics, and advertising.
When you “like” or “follow” us on LinkedIn, Twitter, Facebook or other social media sites, we may collect some information from you including your name, email address, and any comments or content you post that are relevant to us.
How We Use Your Information
We may use your information for various purposes, depending on the types of information we have collected from and about you, including to:
Aggregate/De-Identified Information. We may aggregate and/or de-identify any information collected through our Services so that such information can no longer be linked to you or your device (“De-Identified Information”). We may use De-Identified Information for any purpose, including without limitation for research and marketing purposes, and may also disclose such data to any third parties, including advertisers, partners, and sponsors.
Combined Information. We may combine the information that we collect through the Services with information that we receive from other sources, both online and offline, and use such combined information in accordance with this Privacy Statement.
Legal Bases for Processing. The laws in certain jurisdictions (such as those in the European Union and United Kingdom), require us to inform you of the “legal bases” on which we process your information. The legal bases for using your information as set out in this Privacy Statement are as follows:
Disclosure of Your Information
We disclose your information with the following categories of recipients:
Agents, Consultants, Service Providers, and Related Third Parties: NewStore, like many businesses, may disclose your information when we use other companies to perform certain business-related functions on our behalf, including the functions described in this Privacy Statement. Examples of such functions include collecting and analyzing data about visits to our site, managing email campaigns and maintaining databases, tax and accounting services, legal services, payments processing, data enhancement services, data storage, security, fraud prevention, and web hosting.
Advertising partners: We may allow third-party advertising technologies (e.g., ad networks and ad servers) to use cookies and similar technologies on the Services to deliver relevant and targeted content and advertising to you on other websites you visit and applications you use, as explained further in “Online Analytics and Advertising” below.
Related Companies: We may disclose your information with any subsidiary or entity that is affiliated with us for purposes consistent with this Privacy Statement. In addition, in the event of a merger, corporate sale, financing, reorganization, dissolution or similar event, your information may be disclosed in connection with the transaction, including for the purpose of determining whether to proceed or continue with such transaction or business relationship.
Testimonials: We may display personal testimonials and endorsements you make regarding the Services on the Services, and with your consent, will associate your name or your company’s name with such postings.
Legal Requirements and Other Circumstances: NewStore may disclose your information if required to do so by law or in the good faith belief that such action is necessary to (a) comply with the law and the reasonable requests of law enforcement, (b) enforce our Terms of Use or Terms of Service or to protect the security or integrity of our Services, and/or (c) protect the rights, property, or personal safety of NewStore or any third party.
Otherwise with your consent or at your direction: In addition to the disclosures described in this Privacy Statement, we may disclose information about you to third parties whenever you consent to or direct such disclosures.
Online Analytics and Advertising
Online Analytics. We may use third-party web analytics services (such as those of Google, HubSpot, Qualified, and others) on our Services to collect and analyze usage information through cookies and similar tools; engage in auditing, research, or reporting; assist with fraud prevention; and provide certain features to you. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-out Browser Add-on by clicking here. If you receive email from us, we may use certain analytics tools, such as clear GIFs to capture data such as when you open our message or click on any links or banners our email contains. This data allows us to gauge the effectiveness of our communications and marketing campaigns.
Tailored Online Advertising. In using the Services, we allow select third party advertising technology partners to place cookies or other tracking technologies on the browser of your device to collect information about you as discussed above. These third parties (e.g., ad networks and ad servers such as Google, AppNexus, and others) may use this information to serve relevant content and advertising to you as you browse the Internet, and access their own cookies or other tracking technologies on your browser to assist in this activity. If you are interested in more information about these online advertising activities, and how you can generally control cookies from being put on your computer to deliver tailored advertising, you may visit the Network Advertising Initiative’s Consumer Opt-Out link, the Digital Advertising Alliance’s Consumer Opt-Out link, or Your Online Choices to opt-out of receiving tailored advertising from companies that participate in those programs. We do not control these opt-out links or whether any particular company chooses to participate in these opt-out programs. We are not responsible for any choices you make using these mechanisms or the continued availability or accuracy of these mechanisms. Please note that if you use these mechanisms, you may still see advertising on our Services or across the Internet, but it will not be tailored to you based on your online behavior over time.
Information for International Users
International Transfers of Your Information. The information we collect may be transferred to and stored in countries outside of the jurisdiction you are in where we and our third-party service providers have operations, including the United States, where the applicable data protection laws may differ from those in your country of residence. By using the Services, you acknowledge that these transfers will occur.
Data Privacy Framework Certification. NewStore complies with the EU-U.S. Data Privacy Framework (“EU-U.S. DPF”) and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (“Swiss-U.S. DPF”) (collectively, the “DPF”), as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of “personal data” (as defined under the laws of the European Economic Area (“EEA”), UK, and Switzerland, as applicable) that NewStore receives from the EEA, UK, and Switzerland. We have certified to the Department of Commerce that we adhere to the DPF Principles and Supplemental Principles with respect to personal data transferred to us in reliance on the DPF. NewStore is subject to the investigatory and enforcement powers of the Federal Trade Commission in the case of any failure to comply with the DPF.
If you are an EEA, UK, or Swiss citizen you may be able to exercise certain choices under the DPF regarding how some of your personal data is used and disclosed, and may access, correct or delete certain personal data by following the instructions in the “Your Rights and Choices” section of this Privacy Policy.
When we receive personal data under the DPF and then transfer it to a third-party service provider acting as our agent on our behalf, we may have certain responsibility under the DPF if both (a) the agent processes the information in a manner inconsistent with the DPF and (b) we are responsible for the event giving rise to the damage.
In compliance with the DPF Principles, NewStore commits to resolve complaints about your privacy and our collection or use of your personal data (without charge to you). EEA, UK, and Swiss individuals with inquiries or complaints regarding this Privacy Statement should first contact us at privacy@newstore.com. We will respond to any complaints as soon as possible and within 45 days. If you have an unresolved privacy or data use complaints that we have not addressed satisfactorily, please contact, free of charge, our dispute resolution provider, JAMS, at https://www.jamsadr.com/DPF-Dispute-Resolution . In certain conditions, if your DPF complaint has not been resolved after raising it with us following the JAMS procedure above and taking certain other steps, you may be able to invoke binding arbitration through a DPF panel, in accordance with the DPF at https://www.dataprivacyframework.gov/s/article/How-to-Submit-a-Complaint-Relating-to-a-Participating-Organization-s-Compliance-with-the-DPF-Principles-dpf.
If there is any conflict between this Privacy Policy and the DPF Principles, the DPF Principles shall govern. To learn more about the DPF program, and to view our certifications, please visit https://www.dataprivacyframework.gov/s/participant-search. We may also protect personal data through other legally valid methods, including standard contractual clauses.
Your Rights and Choices
Marketing Communications
In accordance with applicable law, we may send you marketing communications regarding our Services or the services of third parties that we believe will be interesting to you. You can ask us to stop sending such communications at any time through the opt-out instructions provided in the communication or by contacting us using the information in the “Contact Information” section below.
Please note that, regardless of your request, we may still use and disclose certain information as permitted by this Privacy Statement or as required by applicable law. For example, you may not opt out of certain administrative or transactional emails from us, such as those confirming your requests or providing you with updates regarding our Privacy Statement or other terms.
Rights Regarding Your Information
Depending on your jurisdiction, you may have the right, in accordance with applicable data protection laws, to make requests related to your “personal information” or “personal data” (as such terms are defined under applicable law, and collectively referred to in this section as “personal information”). Specifically, you may have the right to ask us to:
Please note that certain information may be exempt from such requests under applicable law. For example, we need certain information in order to provide the Services to you. We also need to take reasonable steps to verify your identity before responding to a request, which may include, at a minimum, depending on the sensitivity of the information you are requesting and the type of request you are making, verifying your name and email address. If we are unable to verify your identity, we may be unable to respond to your requests.
As provided in applicable law, you also have the right to not be discriminated against for exercising your rights.
To exercise any of these rights, please reach out to us by email at privacy@newstore.com or by mail at Privacy Inquiries, NewStore, Inc., 60 South Street, Boston, MA 02111 USA with your name and type of request you are making.
You may be able to designate an authorized agent to make requests on your behalf. In order for an authorized agent to be verified, you must provide the authorized agent with signed, written permission to make such requests or a power of attorney. We may also follow up with you to verify your identity before processing the authorized agent’s request as permitted by applicable law.
Depending on applicable law, you may have the right to appeal our decision to deny your request, if applicable. We will provide information about how to exercise that right in our response denying the request. You also have the right to lodge a complaint with a supervisory authority.
If you are a Customer User and your information has been collected by us as a result of a customer’s use of the Services pursuant to a Master Services Agreement between us and the customer, we collect and processes any information of yours under the directions of the relevant customer. If these circumstances apply to you and you wish to access, edit, delete or exercise any rights you may have under applicable data protection laws with respect to any information that we have collected about you, please direct your query to the relevant customer, as this may expedite the completion of your request. We nevertheless provide reasonable assistance to our customers to give effect to data subject rights as appropriate and required by applicable laws.
Notice of Right to Opt Out of Sales of Personal Information and Processing/Sharing of Personal Information for Targeted Advertising Purposes
Depending on your jurisdiction, you may also have the right to opt out of “sales” of your information and “sharing/processing of your information for targeted advertising.”
As explained in the “Disclosure of Your Information” and “Online Analytics and Advertising” sections above, we may provide information to third-party advertising providers for targeted advertising purposes or use advertising analytics partners to assist us in analyzing use of our services and our user/customer base. Under applicable law, the disclosure of your personal information to these third parties to assist us in providing these services may be considered a “sale” of personal information or the processing/sharing of personal information for targeted advertising purposes.
If you would like to opt out of the disclosure of your personal information through cookies and similar tools for purposes that could be considered “sales” for those third parties’ own commercial purposes, or “sharing” or processing for purposes of targeted advertising, please see the instructions in the “Online Analytics and Advertising” section above, or the cookie management options in our Cookie Policy. Note that you will need to opt out on each device you use to access the Services.
To opt out of our disclosure of your information for these purposes other than through online tools such as cookies, you can email us at privacy@newstore.com.
Notice to California Residents
If you are a California resident, California law requires us to provide you with some additional information regarding how we collect, use, and share your “personal information” (as defined in the California Consumer Privacy Act (“CCPA”)).
Throughout this Privacy Policy, we discuss in detail the specific categories of personal information we collect from and about our users. We provide additional information required by the CCPA in the chart below.
Category of Personal Information | How We Use this Personal Information | Categories of third parties to which we disclose this personal information for a business purpose | Categories of third parties to which we “share” and “sell” this personal information for advertising/ analytics purposes |
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Contact Information (such as your full name, phone number, address, email address) |
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Login Information (such as your account name and password) |
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Professional or Employment Information (such as the name and address of the company you work for and your title) |
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Device and Online Information (such as mobile device content, IP address (and general location derived from IP address), browsing history, and usage information) |
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Audio, electronic, visual, thermal, olfactory, or similar information (e.g., recordings of calls with customer support) |
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Other information (any other information you choose to provide directly to us) |
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Opt Out of Sale/Sharing of Personal Information
The CCPA sets forth certain obligations for businesses that “sell” personal information or “share” personal information for cross-context behavioral advertising purposes. Under the CCPA, “sale” and “sharing” are defined such that they may include allowing third parties to receive certain information for advertising purposes.
If you would like to opt out of our use of your personal information through cookies and similar online tools for such purposes that are considered a “sale” or “sharing” for cross-context behavioral advertising purposes under California law (as indicated in the chart above), please see the instructions in the “Online Analytics and Advertising” section above, or the cookie management options in our Cookie Policy.
Additional California Privacy Rights
California residents may make certain requests about their personal information under the CCPA as set forth in “Your Rights and Choices” section above.
If we ever offer any financial incentives in exchange for your personal information, we will provide you with appropriate information about such incentives.
We do not use or disclose sensitive personal information as defined under the CCPA other than for disclosed and permitted business purposes for which there is not a right to limit under the CCPA.
Shine the Light
California Law permits customers who are California residents to request certain information once per year regarding our disclosure of “personal information” (as that term is defined under applicable California law) to third parties for such third parties’ direct marketing purposes. We do not disclose personal information to third parties for their own direct marketing purposes.
Do Not Track
Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. Except as otherwise described herein with respect to legally required browser based opt outs, we do not recognize or respond to browser-initiated DNT signals, as there is no industry-wide framework for DNT signals. To learn more about Do Not Track, you can do so here. Please note that Do Not Track is a different mechanism than the legally-recognized browser-based opt out preference signal mentioned above.
Security of Your Information
We implement a variety of technical and organizational measures to protect your information in our possession from accidental or unlawful loss, misuse, and unauthorized access, disclosure, alteration, and destruction. No method of transmission over the Internet or method of electronic storage is, however, 100% secure. Therefore, we cannot guarantee error-free security. Please keep this in mind when disclosing any information to us.
Retention of Your Information
NewStore will retain your information only for as long as we determine is necessary for the purposes set out in this Privacy Statement, in accordance with applicable law. We will retain and use your information to the extent necessary to comply with our contractual obligations, for our legitimate business interests, and to satisfy any legal or reporting requirements.
Links to Third Party Sites
Our Services may contain links to other sites that are not owned or controlled by us. Please be aware that NewStore is not responsible for the privacy policies of other properties. We encourage you to read the privacy statements of those other properties to understand their practices. This Privacy Statement applies only to information collected by NewStore through its Services.
Changes to this Privacy Statement
We may revise this Privacy Statement from time to time to reflect changes in the law, our data collection and use practices, or advances in technology. If we do so, we will update the “Last Updated” date above. You should revisit this page to stay aware of any changes. If we make any material changes to this Privacy Statement, we will post the updated version here and notify consumers in accordance with legal requirements. By continuing to use the Services, you are confirming that you have read and understood the latest version of this Privacy Statement.
Contact Information
If you have questions about this Privacy Statement, please reach out to us by email at privacy@newstore.com or by mail at Privacy Inquiries, NewStore, Inc., 60 South Street, Boston, MA 02111 USA.