Effective from February 1, 2024
Personal Information we collect:
2.1. User information and customer Information:
To provide you the Services, we must collect Personal Information relating to a store owner represented by an identified or identifiable natural person or users of such store who are identifiable natural persons (“User Personal Information”). We collect User Personal Information you provide us, from your use of the Services, and from other sources. You are responsible for collection of your Customer Personal Information as specified in Section 3.
Here are the types of Personal Information we collect about you as User:
Information you provide us. When you register for our Services, use any of our Services and/or when you contact us directly by any communication channel, you may provide us your Personal Information, such as name, email address, phone number, payment remittance information, EIN numbers information you include in your communications with us and with other users on our Platform, and your Personal Information contained in scanned identification documents such as an ID card, driver’s license, passport, or official company registration documents.
Information we collect when you use the Services. When you visit, download, and/or use any of our Services, we may collect User Personal Information, such as visitors’ and Users’ browsing and ‘click-stream’ activity on the Services, session heatmaps and scrolls, non-identifying Personal Information regarding the visitor’s or User’s device, operating system, internet browser, screen resolution, language and keyboard settings, Internet service provider referring/exit pages, date/time stamps, etc.
Information we collect from other sources. We may receive Personal Information about you from third-party sources, such as: i) security providers, fraud detection and prevention providers for example to help us screen out users associated with fraud, ii) social media platforms, when you log-in or sign-up using your social media account we may receive Personal Information from that service (e.g., your username, basic profile Personal Information) and in some cases, we may collect Personal Information from lead enhancement companies which help us to improve our service offering; iii) advertising and marketing partners in order to monitor, manage and measure our ad campaigns;(iv) credit bureaus, credit card companies and banks.
2.2 Customer’s Personal Information. We may also collect Personal Information pertaining to Customers solely for and on our Users’ behalf and to supplement information collected by our Users (as further described in Section 3 below).
Customers’ Personal Information
Realbusiness.ai and the Unrivaled Group may collect, store and process certain Personal Information of Customers (“Customer’ Information”), solely on our users behalf and at their direction. For example, each of our Users may be able to import to Unrivaled Group the email contacts of their customers from third-party services like Gmail, or otherwise collect and manage contacts at registration and thereafter via the Unrivaled Group website. Such contacts are then stored within the Unrivaled Group cloud-based database, on the User’s behalf and for use in cross marketing and other Unrivaled Group internal promotional programs and for use in creating and licensing de-identified Combined Data as described in Section 5.6. For such purposes, Unrivaled Group serves and shall be considered as a “Processor” and not as the “Controller” (as both such capitalized terms are defined in the European Union General Data Protection Regulation “GDPR”) of such Customer Information. The Users shall be considered as the “Controllers” of such Customer Information and are responsible for complying with all laws and regulations that may apply to the collection and control of such Users-of-Users Information, including all privacy and data protection laws of all relevant jurisdictions. You are responsible for the security, integrity and authorized usage of Personal Information about your Customers, and for obtaining consents, permissions and providing any required data subject rights and fair processing notices required for the collection and usage of such Personal Information and shall bear all liability for any failure to do so, and shall defend, indemnify and hold harmless Unrivaled Group from all liabilities arising because of your failure to do so. Unrivaled Group urges that Users consult with appropriate legal counsel and publish and maintain clear and comprehensive privacy policies on their Platform stores in accordance with any applicable laws and regulations, and that all Customers carefully read those policies and make sure that they understand and, to the extent required by applicable law, consent to them. For more information on how Customer Personal Information may be handled by Unrivaled Group (which may be relevant for any specific notice you provide to and/or consent you obtain from your Customers), please see Sections 5, 11 and 12. If you are a visitor, User or Customer of any of our Users, please read the following: Unrivaled Group has no direct relationship with Customers whose Personal Information it processes. If you are a visitor, user or customer of any of our Users, and would like to make any requests or queries regarding your Personal Information, please contact such User(s) directly. For example, if you wish to request to access, correct, amend, or delete inaccurate Personal Information processed by Unrivaled Group on behalf of its Users, please direct your query to the relevant User (who is the “Controller” of such data). If Unrivaled Group is requested by our Users to remove any Users-of-Users’ Personal Information, we will respond to such requests in a timely manner upon verification and in accordance with applicable law (for example, thirty (30) days under the GDPR). Unless otherwise instructed by our User, we will retain their Customers’ Personal Information for the period set forth in Section 11 below.
Customers’ Personal Information
We use the Personal Information:
To further develop, customize, expand, and improve our Services, based on Users’ common or personal preferences, experiences, business needs and difficulties;
To provide our Users with ongoing customer assistance and technical support;
To be able to contact our Users with general or personalized service-related notices and promotional messages (as further detailed in Section 7 below);
To help us to update, expand and analyze our records to identify potential new customers for our Users including customers for de-identified, consolidated data from the User of Unrivaled Group
To facilitate, sponsor, and offer certain contests, events, and promotions, determine participants’ eligibility, monitor performance, contact winners, and grant prizes and benefits to promote the business of our Users;
To analyze Unrivaled Group or a User’s performance and marketing activities;
To create aggregated statistical data and other aggregated and/or inferred information, which we or our Users and business partners may use to provide and improve our respective services;
To provide you with professional assistance, only upon your request;
To enhance our data security and fraud prevention capabilities; and
To comply with any applicable laws and regulations. We use your Personal Information for the purposes set out in this Section 4 where:
Our use of your Personal Information is necessary to perform a contract or to take steps to enter into a contract with you (e.g. to provide you with a skilled advisor, to provide you with marketing assistance, to provide you with our customer assistance and technical support);
Our use of your Personal Information is necessary to comply with a relevant legal or regulatory obligation that we or you have; or
Our use of your Personal Information is necessary to support legitimate interests and business purposes for example to maintain and improve our Services and the effectiveness of Unrivaled Group by identifying technical issues.
How we share your Personal Information
We may share your Personal Information with service providers, Partners and others (or otherwise allow them access to it) in the following manners and instances:
5.1 Third Party Service Providers: Unrivaled Group has partnered with a number of selected service providers, whose services and solutions complement, facilitate and enhance our own. These include hosting and server co-location services, communications and content delivery networks (CDNs), data and cyber security services, billing and payment processing services, domain name registrars, fraud detection and prevention services, web analytics, e-mail distribution and monitoring services, session recording and remote access services, performance measurement, data optimization and marketing services, content providers, and our legal and financial advisors (collectively, “Third Party Service Provider(s)” or “Partners”). Unrivaled Group may share the following categories of Personal Information with Third Party Service Providers for a business purpose:
identifiers, including name, alias, postal address, unique personal identifier, online identifier, internet protocol address, email address, account name, or other similar identifiers.
Commercial information, for example information regarding products or services purchased, obtained, or considered.
You are solely responsible for notifying your Customers of the collection, processing and use of their Information and informing them that their Information will be transferred to and processed by Unrivaled Group on your behalf.
5.2 Law Enforcement, Legal Requests and Duties: Unrivaled Group may disclose or otherwise allow access to your or your Customers’ Personal Information pursuant to a legal request, such as a subpoena, legal proceedings, search warrant or court order, or in compliance with applicable laws, if we have a good faith belief that the law requires us to do so, with or without notice to you.
5.3. Protecting Rights and Safety: Unrivaled Group may share your or your Customers’ Personal Information if we believe in good faith that this will help protect the rights, property or personal safety of Unrivaled Group, any of our Users, any Users-of-Users, or any member of the general public, with or without notice to you.
5.5. In Connection With a Change in Corporate Control: In addition, should Unrivaled Group or any of its affiliates undergo any change in control, including by means of merger, acquisition or purchase of substantially all of its assets, your or your Customers’ Personal Information may be shared with the parties involved in such event.
5.6.Third Party Licensing. Unrivaled Group shall have the exclusive rights:
(i) during and after the term hereof to collect, analyze and market data and other information for use by it and other users relating to the provision, use and performance of various aspects of the Platform and related systems and technologies (including, without limitation, information derived from User data, Customer data, sales data, and data from Customer ancillary business systems) collectively the “Combined Data”; (ii) during and after the term hereof to use such Combined Data to improve and enhance the Platform and for other development, diagnostic and corrective purposes in connection with the Platform and other Company offerings of products or services; and (iii) during and after the term hereof to license de-identified Combined Data in such combinations as it deems commercially appropriate in aggregated, de-identified form (“De-Identified Combined Data”) to third parties for marketing purposes. Such licensing to third parties of De-identified Combined Data is hereinafter referred to as the “Royalty Program”. The Royalty Program shall be structured and administered exclusively by Unrivaled Group in compliance with privacy laws of each jurisdiction (to be posted at the Platform) regulating the rights of Users and Customers whose Personal Information is de-identified, combined and licensed in the Royalty Program (including, without limitation, the rights of any person to withdraw or limit sale or use of their Personal Information).
5.7. Upon Your Further Direction: Unrivaled Group may also share your Personal Information with third parties for other purposes upon your further direction or with your explicit approval.
Where do we store your Personal Information?
6.1. Users’ and Customers’ Personal Information will be securely stored in Microsoft Azure data centers located in the United States of America. We may use other jurisdictions and other cloud data services as necessary for the proper delivery of our Services and/or as may be required bylaw from time to time.
6.2. Unrivaled Group affiliates and third-party service providers that store or process your Personal Information in accordance with industry standards and regardless of any lesser legal requirements which may apply in their jurisdiction.
Communications from Realbusiness.ai and the Unrivaled Group
8.1. We may use your Personal Information to send you promotional content and messages by e-mail, text messages, notifications within our platform, marketing calls and similar forms of communication from Unrivaled Group or our Users or Partners through such means. If you do not wish to receive such promotional messages or calls, you may notify Unrivaled Group at any time or follow the “unsubscribe” or STOP instructions contained in the promotional communications you receive.
8.2. Service and Billing Messages. Unrivaled Group may also contact you with important information regarding our Services, or your use thereof. For example, we may send you a notice (through any of the means available to us) if a certain Service is temporarily suspended for maintenance; reply to your support ticket or e-mail; send you reminders or warnings regarding upcoming or late payments for your current or upcoming subscriptions; forward abuse complaints regarding your User Website; or notify you of material changes in our Services. It is important that you are always able to receive such messages. For this reason, you are not able to opt-out of receiving such Service and billing messages unless you are no longer an Unrivaled Group User (which can be done by deactivating your account).
Your rights in relation to your Personal Information
Unrivaled Group agrees that it is imperative that you have control over your Personal Information. Pursuant to privacy regulations worldwide, Unrivaled Group is taking steps to enable you to request access to, receive a copy of, update, amend, delete, or limit the use of your Personal Information by accessing those features in the Privacy Center, located in the User Account menu. Before fulfilling your request, we may ask you for additional information in order to confirm your identity and for security purposes. We reserve the right to charge a fee where permitted by law (e.g. if your request is unfounded or excessive). You have the right to file a complaint with your local supervisory authority for data protection (but we still recommend that you contact us first). If you are an Unrivaled Group User, and you wish to receive a copy, access and/or request use to make corrections to the Personal Information that you have stored with us (either yours or your Customers’) or wish to request a list of what Personal Information (if any) pertaining to you we disclosed to third parties for direct marketing purposes, you can access Request Your Data in your Unrivaled Group app Privacy Center. Follow the instructions and we will make reasonable efforts to honor your request promptly, subject to any required further information needed from you and subject to legal and other relevant issues. If you are a Customer and wish to receive a copy, access and/or request to make corrections to the Personal Information that a User stored with us, or wish to request a list of what Personal Information (if any) pertaining to you that we disclosed to third parties for direct marketing purposes, please contact your User in accordance with the instructions in Section 3 here of. Please note that permanently deleting your Unrivaled Group account erases all of your Personal Information from Unrivaled Group databases. After completing this process, you can no longer use any of your Unrivaled Group Services, your account and all its data will be removed permanently, and Unrivaled Group will not be able to restore your account or retrieve your data in the future. If you contact our support channels in the future, the system will not recognize your account and support agents will not be able to.
Additional Information for California Residents
If you are a California resident using the Services, the California Consumer Privacy Act (“CCPA”) may provide you the right to request access to and deletion of your Personal Information. In order to exercise the right to request access to and deletion of your Personal Information, please see the information in Section 9, above. We do not discriminate based on the exercise of any privacy rights that you might have under this Section. As informed in Section 3 above, Unrivaled Group may collect, store and process certain Personal Information of Users-of-Users, solely on our Users’ behalf and at their direction. For such purposes, Unrivaled Group serves and shall be considered as a “Service Provider” and not as the “Business” (as both such capitalized terms are defined in the CCPA. Unrivaled Group does not and will not sell your customers’ Personal Information. Users of the Services who are California residents and under 18 years of age may request and obtain removal of content they posted by emailing us at Unrivaled Group Support. All requests must be labeled “California Removal Request “on the email subject line. All requests must provide a description of the content you want removed and information reasonably sufficient to permit us to locate that content. We do not accept California Removal Requests via postal mail, telephone, or facsimile. We are not responsible for notices that are not labeled or sent properly, and we may not be able to respond if you do not provide adequate information. Please note that your request does not ensure complete or comprehensive removal of the material. For example, materials that you have posted may be republished or reposted by another user or third party.
Questions and Complaints
Unrivaled Group has implemented security measures designed to protect the Personal Information you share with us, including physical, electronic, and procedural measures. Among other things, we offer HTTPS secure access to most areas on our Services; the transmission of sensitive payment information (such as a credit card number) through our designated purchase forms is protected by an industry standard SSLJTLS encrypted connection; and we regularly maintain a PCI DSS (Payment Card Industry Data Security Standards) certification. We also regularly monitor our systems for possible vulnerabilities and attacks, and regularly seek new ways and Third-Party Services for further enhancing the security of our Services and protection of our Visitors’ and Users’ privacy. Regardless of the measures and efforts taken by Unrivaled Group, we cannot and do not guarantee the absolute protection and security of your Personal Information, your Customers’ Personal Information, or any other information you upload, publish, or otherwise share with Unrivaled Group or anyone else. We encourage you to set strong passwords for your User Account, enable biometric signin and avoid providing us or anyone with any sensitive Personal Information of which you believe its disclosure could cause you or your customers substantial or irreparable harm. Since e-mail and some forms of instant messaging are not recognized as secure forms of communications, we request and encourage you not to share any Personal Information on any of these methods. If you have any questions regarding the security of our Services, you are welcome to contact us at Unrivaled Group Support.
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