PRIVACY
POLICY

Digital River’s Commitment to Privacy

Digital River is a world-class online commerce solution, which offers comprehensive cloud commerce, marketing and payment solutions. We are committed to earning and keeping your trust, while giving you control over the information that is personal to you. Being accountable to you is our responsibility for which we hope to build a lasting relationship. Our commitment to privacy is demonstrated in this privacy policy (“Privacy Policy”).

When we make products available for sale through a Website, we are doing so as an independent e-commerce reseller of, or service provider for, the Partner (as defined below) whose name and/or logo appears on the Website.

CONTENTS
Key Terms
How to Contact Us, Processing of Your Data, and Controllers
Lawful Basis for Processing of Data
Scope of this Privacy Policy
How We Protect Your Information
Collection of Information, including Use of Cookies
Use and Sharing of Information
Your Choices
Children’s Privacy
Privacy Commitment to California Residents
Key terms
  • Information that can no longer be used to identify a particular person (“Anonymous Information”).

  • Independent data controller has the same meaning as “controller” under Directive 95/46/EC as of October 24, 1995 or any subsequent data protection legislation such as Regulation (EU) 2016/679 as of May 25, 2018, and is the natural or legal person, which alone or jointly with others, determines the purpose and means of the processing of personal data (“Data Controller” or “Controller”).

  • Processing is permitted if it is necessary for the purposes of legitimate interests pursued by the Controller (or by a third party), except where the Controllers’ interests are overridden by the interests, fundamental rights or freedoms of the affected end-users which require protection (“Legitimate Interests”).

  • Information that can be used to identify you, either alone or in combination with other information available to us, such as your name, shipping or billing address, e-mail address, phone number and other information associated with your account, which is collected by us (“Personal Data”).

  • Digital River may resell products through transactions via its commerce solution, and will generally be the seller and merchant of record for such transactions (“Seller and Merchant of Record”).

  • Special categories of data require a heightened level of protection under data protection legislation in some jurisdictions, such as processing that reveals health, racial or ethnic origin (“Special Categories of Data”).

  • Any applicable data protection safeguards, as may be amended or replaced, for the transfers of data to Controllers established outside of the EU/EEA that do not ensure an adequate level of protection (“Standard Contractual Clauses”).

  • Supervisory Authority (or its equivalent under any data protection legislation) is the independent public authority to whom consumers may lodge a complaint (“Supervisory Authority”).

How to Contact Us, Processing of Your Data, and Controllers
  • How to Contact Us. If you have a question about this Privacy Policy, no matter where you are in the world, please email us at privacy@digitalriver.com. If you prefer to contact us by regular mail, please refer to the contact information as found on the “Contact Us” section of our Website displayed by region.

  • Processing of Your Data. Your commerce request, and therefore your Personal Data, will be optimally processed in the region from which you initiated your session. This means that the processing of your Personal Data will take place in either the United States and/or Ireland. Please see the Section directly below, “Appropriate Safeguards for Cross-border Transfer of Your Data”.

  • Appropriate Safeguards for Cross-border Transfer of Your Data. If you are located in the EU/EEA, any transfer of your Personal Data outside of the EU/EEA is protected under Standard Contractual Clauses, or any subsequent data protection safeguards. Your Personal Data may be transferred to Digital River, Inc.’s servers in the United States and the processing of your Personal Data in the United States. Your Personal Data may also be transmitted by us to other Digital River entities for the purposes set out in this Privacy Policy, for company administration purposes, and to other third party data processors.

  • Controller(s) Responsible for Your Data. The Digital River entity that is the Data Controller will vary depending on the site you visit, your transaction with the Website and contractual language. As such, some Digital River entities and websites may have their own, possibly different, Privacy Policies. We therefore encourage you to read the Privacy Policies of each of the websites you visit.

THE AMERICAS
  • Digital River, Inc. as the Controller. Digital River, Inc., including our subsidiaries (“Digital River,” “we,” “us,” and “our”) owns and operates this website, which may include a software application, our products and services, and any other related commerce solution where this Privacy Policy appears (“Website”). Generally, any Personal Data collected by visiting this Website is controlled by Digital River, Inc., 10380 Bren Road West, Minnetonka, Minnesota 55343, USA “(Data Controller”). However, another Digital River entity may be the Data Controller as noted below (such as Digital River GmbH or Digital River Ireland, Ltd.).

REST OF WORLD
  • Digital River GmbH as the Controller. Digital River GmbH is part of the Digital River group of entities and is the authorized reseller of the products and services offered on the MyCommerce Share-it site. Here, any Personal Data provided to or collected by visiting the MyCommerce Share-it site is controlled by Digital River GmbH, Scheidtweilerstrasse 4 Cologne 50933 Germany (“Data Controller”).

  • Digital River Ireland, Ltd. as the Controller. Where Digital River Ireland Ltd. is the seller and merchant of record, then any Personal Data provided to or collected by visiting the Website is controlled by Digital River Ireland Ltd., Unit 153, Shannon Free Zone West, Shannon, Co. Clare Ireland (“Data Controller”).

  • Other Digital River entities as the Controller. For purposes of transactions that are made through another Digital River entity (such as Digital River Brazil or Digital River globalTech), that entity could be the Data Controller where it is the seller and merchant of record.

Lawful Basis for Processing Your Data

In certain jurisdictions, the processing of your Personal Data is lawful only if it is permitted under data protection legislation. In this case, we have a lawful basis for each of our processing activities (unless an exemption applies) as outlined below.

  • Consent. By using our Website or otherwise submitting your Personal Data to us, you consent to our use of your information as described in this Privacy Policy. If you do not consent to this Privacy Policy, please do not use this Website or submit your information through this Website.

  • Legitimate Interest. We will process your data based on Legitimate Interest, and particularly where it is used for marketing purposes, such as to collect data from public sources and to contact prospects to start a conversation.

  • Other Lawful Basis. We may also process your data based on other lawful basis such as where the processing is necessary to enter into or perform a contract with you.

Scope of this Privacy Policy
Background and Purpose

This Privacy Policy applies to each Website operated by Digital River where this Privacy Policy appears. If you are purchasing products through another Digital River entity, please note that this Website is hosted and/or operated by Digital River under an agreement with that entity who is listed as the seller of products in the terms of sale on the Website. The purpose of this Privacy Policy is to provide you with information on how we collect, use, handle and disclose information, and choices you have about the ways we collect and use the information.

Changes to this Privacy Policy

We may update this Privacy Policy to communicate changes in our data handling practices. When we make changes to this Privacy Policy, we will modify the Effective Date. Our changes will become effective immediately upon posting. A link to our previous policy is included at the end of this Privacy Policy.

Supplemental Privacy Notices

This Privacy Policy may be supplemented or amended by other privacy notices appearing on the Website. Such privacy notices will explain how we handle information specific to where that privacy notice appears, and should be read together with this Privacy Policy.

Partner or Other Third Party Privacy Policies

This Privacy Policy only applies to the use of information we collect from you through this Website and any other website on which this Privacy Policy appears. Our Website may be co-branded with the information of the company whose product you are purchasing (“Partner”). However, this Privacy Policy does not apply to information collected directly by our Partners or any other third party as we do not control these other privacy policies. Please carefully review each privacy policy posted on each website you visit.

Terms of Sale

Using or submitting Personal Data through the Website, shall also be governed by our Terms of Sale.

How We Protect Your Information

Digital River takes reasonable steps to provide a level of security appropriate to the sensitivity of the information we collect. We have implemented physical, technical and administrative safeguards reasonably designed to protect your Personal Data from unauthorized access and disclosure. When we collect or transmit sensitive information (such as a financial account number), we use industry standard methods to protect that information. Although we use reasonable measures to protect your information, we cannot guarantee the security of information provided over the Internet or stored in our databases. You are also responsible for taking reasonable steps to protect your information against unauthorized disclosure or misuse, for example, by protecting your password and signing off when finished using a shared computer or mobile device. We leverage industry best practices to mitigate potential compromises.

Collection of Information, including Use of Cookies
Information You Manually Provide

We collect Personal Data from you when you use this Website such as:

  • when you provide information during a purchase of a product or service,
  • when you request information about or otherwise use the Website,
  • when you enter into a contest or promotion or sign-up for a newsletter,
  • when you submit an order or purchase, download or register products, or request additional services,
  • when you call our customer service, you may voluntarily provide information to our representatives, and
  • when you apply for a job opening or otherwise submit employment data to us.
Special Categories of Data

Generally, Special Categories of Data will not be collected or processed. However, there could be a situation (such as processing health data for an insurance contract in the case of employment) where such data may be processed. In this case, we will be sure to comply with data protection legislation, including relying on the necessary legal grounds to process the data.

Information from Your Browser or Device

We may also receive information from your web browser. This may include information that does not identify you personally (such as the date and time of your visit). The information we receive depends on the settings on your web browser. If you created a user identity during a visit to this Website, we may link the information provided by your browser to information that identifies you personally, as described below. Please review the settings on your web browser to learn how to change your browser settings. We may also collect limited Personal Data (e-mail address) through web technologies in connection with your use of a Website, as described below.

Cookies and Other Similar Technologies

The information we collect using cookies and similar technologies is not typically personally identifiable, but we may link it to Personal Data that you provide. We use cookies and other similar technologies to collect information and support certain features of this Website. As the Internet evolves, we may use different types of technologies for this purpose. For example, we may use these technologies to collect information about the ways visitors use this Website (such as which pages they visit or links they use). We analyze this information to better understand our visitors’ interests and to improve the content and functionality of the Website. We also use the information to support Website features by not asking you to re-enter information already in our database. We use this information to personalize your experience and to improve our marketing efforts including through targeted advertising.

If you do not wish to receive cookies, you may set your browser to reject cookies or to alert you when a cookie is placed on your computer. You may be unable to use all of the Website functionality if your browser rejects our cookies.

Information about Third-Party Cookies and Other Technologies

Web technologies may also be placed on this Website by third party providers. Also, we or third party providers may place web technologies on behalf of the Partner whose branding appears on this Website. In this way, our Partner would be allowed to use the data collected. This information is used to enhance your experience with the Website, for marketing analysis, for targeted and display advertising, and for quality improvement. We may collect your IP address through web technologies.

We and our Partners use third party service providers in connection with this Website, which may include Alexa Metrics, SeeWhy, Google Analytics, Omniture, and ClickTale. These and other service providers may collect information about your visits to websites, your interaction with that website, and the products and services offered by us, our Partners and our suppliers. Their collection and use of information is subject to their own privacy policies. Please visit the applicable third party service provider if you would like to opt-out.

Do Not Track Requests

If you opt-out of having your information collected through cookies, your existing display advertising cookie(s) will be deleted and a new cookie will attempt to be placed that instructs service providers not to track your future activities when that cookie is detected (a “no-track” cookie). If your browsers are configured to reject cookies when you visit our opt-out page, a “no-track” cookie cannot be set on your computer. Also, if you subsequently erase “no-track” cookies, use a different computer or change web browsers, you will need to opt-out again. We currently do not respond to browser "no-track" signals.

Information from Third Parties

We may also receive certain information about you from third parties such as through your use of a social network authentication to sign-in to this Website, or through other online sources.

Location Information

When you use a smart phone, mobile device or computer to access our Website or use our mobile application, we may collect information about your physical location. We may combine this information with other location-based information (e.g., your IP address and billing or postal code), to provide you with other services on your mobile device. We share your location information only with third parties that help us provide you with services. You can opt-out of sharing this information by changing the permissions on your mobile device.

Use and Sharing of Information

Your Personal Data provided will be processed on our computer servers. In some cases (such as where it is necessary to fulfill our contractual obligations to you) the information may also be made available to third parties providing services to Digital River.

How We Use Your Data

We may use your Personal Data for these reasons:

  • to contact you if you have requested communication from us,
  • to determine the country where you are located such as for trade compliance, security and fraud prevention,
  • to otherwise verify compliance with applicable laws,
  • to help ensure that data we have about you is accurate,
  • to provide you with product updates, special offers and other promotional information, either on our own behalf or on the behalf of a Partner, where you have consented to receive it and in accordance with applicable law,
  • in connection with keys, access codes or other information so you can access the websites or services of our Partners,
  • as identified in a supplemental privacy notice posted on the Website, and
  • to collect your email address if you are applying for a position online and related employment reasons.

We may also use your Personal Data where you visit the Website to complete a transaction, such as:

  • to process your order, verify your tax status, contest chargebacks, determine your eligibility for a line of credit, or notify you of the status of your order,
  • for fraud monitoring and prevention purposes,
  • to provide you with a personalized shopping experience,
  • to register your purchase with the manufacturer or service provider for warranty, technical support or similar purposes,
  • to provide notice of your purchase to the provider of an online service for which you purchase a service use right from us,
  • to establish an account for future purchases that you have consented to,
  • to facilitate the renewal of subscriptions for products or services, and
  • to provide you with an effective experience and support (which may include, as allowable by law, contacting visitors who start a checkout process to follow-up on the incomplete session or to see if there was a problem with the Website).

We will take reasonable steps to ensure that any person or entity receiving Personal Data as described above are obligated to keep this data secure.

Automated Processing

Sometimes, we may use your Personal Data to help us make automated decisions to further improve our business. In the context of marketing, we could use data to segment and target users with personalized messages. For example, we may use a job title to determine the users’ persona, geographic location and company data and alter the content accordingly. For account-based marketing, this could include “likes” that we find in the public domain.

Also, we rely on fraud monitoring to help us reduce the need to manually review orders for fraud. We could also rely on automated processing in the context of employment and to ensure our employees are adhering to our internal security policies. You have the right to avoid any decisions based on automated data processing where they can be characterized as profiling. However, in this case, we reserve the right not to complete your transaction.

Our Use of Anonymous Information

We may use Anonymous Information collected by us for the following reasons:

  • to personalize and support your use of this Website and/or the services of our Partners,
  • to improve this Website, the customer experience, our advertising systems, and our products and services,
  • for fraud prevention, such as device fingerprinting,
  • to identify transactions as originating through an affiliate marketing or referral program,
  • to deliver targeted advertisements on this Website and other commerce solutions,
  • to provide reporting to our current and prospective Partners and service providers, and
  • for historical, statistical, research and analysis.

We may also use de-identified data for the purposes mentioned above, and related purposes, provided such information does not identify a particular person.

Our Partners

We will provide certain Personal Data, Anonymous Information or de-identified information to our Partners:

  • for reporting purposes,
  • to allow our Partner or its service provider to register your purchase,
  • to enable your access to products or services provided by our Partner or its suppliers,
  • to facilitate warranty, technical support or after-sales service,
  • to allow our Partner or subcontractor to send email or direct mail communications if you have consented to receive them,
  • to allow our Partner or its service provider to provide services in connection with this Website (such as customer support or single sign-on functionality), or
  • for similar purposes in order to fulfill obligations to you.
Our Service Providers

We utilize other companies, including our corporate affiliates, to provide certain services to us or on our behalf to help us operate our business such as:

  • to host or maintain this Website
  • to process credit card payments
  • to provide fraud monitoring or detection services,
  • to perform data integrity checks,
  • to offer you a line of credit
  • to provide optimization services,
  • to fulfill your order,
  • for payment collection,
  • to deliver advertisements on this Website and third party websites,
  • to send mail or e-mail,
  • for purposes related to employment and human resources, and/or
  • to provide customer service.

We may share your information with our service providers in connection with their offering of services to us. These companies are contractually required to use any information we share with them only to perform services to us or on our behalf and to protect the confidentiality of your Personal Data. We may also allow these companies to use Anonymous Information for their business purposes. We will not share your Personal Data with our affiliates or unrelated third parties to use for their own marketing purposes without your consent.

To Comply With Legal Requirements, Prevent Fraud and Crimes

As permitted by applicable law, we may disclose Personal Data about you when we believe disclosure is appropriate to:

  • comply with the law or a regulatory requirement,
  • comply with governmental, administrative or judicial process, requirement or order (such as a court order),
  • cooperate with law enforcement or other governmental investigations or report any activities that may be in violation of legal or regulatory requirements,
  • prevent or investigate a possible crime (such as fraud or identity theft) or breaches (also suspected breaches) of security or of this Privacy Policy,
  • enforce a contract,
  • protect the legal rights, Website or safety of Digital River and our employees, Partners, third parties, the public in general or you.
In Connection with a Sale, Merger or related Event

If one of our corporate affiliates or a third party has acquired our business, specific assets or the business of one of our divisions (such as part of a sale, merger, reorganization or similar event), your Personal Data will become owned by that company. In that event, the acquiring company’s use of your Personal Data will be subject to the governing Privacy Policy, any applicable supplemental privacy notices, and the privacy preferences you have expressed to the governing entity.

Your Choices

We respect your right to make choices about the ways we collect, use and share your Personal Data.

Access to Your Information

If you would like to review, correct, restrict the processing thereof, object to direct marketing, or request deletion of your Personal Data, please send us a request using the information in the “How to Contact Us” section of this Privacy Policy.

If you contact us, we may ask you for additional information to verify your identity. We reserve the right to limit or deny your request if you have failed to provide sufficient information to verify your identity or to satisfy our legal and business requirements as noted in our data retention policy. When we delete your Personal Data, it will be disposed of in a manner that prevents loss, theft, misuse, or unauthorized access.

You have the right to report to your local Supervisory Authority where you feel as though your rights under data protection legislation have not been appropriately considered. However, before doing so, please contact us directly as we are committed to working with you to help resolve any concerns about your privacy.

Data Retention Policy

Digital River may retain your Personal Data for as long as you continue to use our Website, and thereafter as permitted or required by applicable law or to satisfy our business requirements.

Marketing and Related-Communications

When you provide Personal Data, we may offer you a choice as to whether you would like to receive further marketing and related communications from us or our Partners. These communications could be in the form of direct mail, email or telephone and will contain information to inform you of our products and services. You may opt-out of receiving these communications by e-mailing us at remove@digitalriver.com, or by following any unsubscribe instructions in e-mail communications.

If you give us permission to add your contact information to our Partner’s mailing list and later withdraw this permission, you must contact our Partner (or follow the unsubscribe instructions in the e-mails from our Partner) to have your name removed from our Partner’s mailing lists.

Children’s Privacy

This Website is not directed at nor targeted to children. If you have not reached the age of majority or are not able to enter into legally binding agreements in your country, you may not use this Website unless necessary parental consent has been obtained. If you believe that we have received information from a person protected under child protection laws, please notify us immediately and we will take reasonable steps to securely remove that information.

Privacy Commitment to California Residents

If you are a resident of California, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your Personal Data by Digital River, Inc. to a third party for that party’s direct marketing purposes. This right granted to California residents applies only to their activities within the State of California. To make such a request, please contact us as noted in the “How to Contact Us” section of this Privacy Policy.

A link to our previous privacy policy is located here.