Effective on September 1, 2017

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, including processing and protecting personal data, 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

The following key terms shall be used in this Privacy Policy:

Data Controller, How to Contact Us, and Processing of Your Data

If you are located in Japan or a country with similar data protection requirements, for details of the transmission of your Personal Data to other Digital River entities, please see the "Joint Use" Section at the end of this policy.

THE AMERICAS

REST OF WORLD

Lawful Basis for Processing of 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:

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 a Digital River subsidiary, please note that this Website is hosted and/or operated by Digital River under an agreement with the subsidiary who is listed as the seller of products in the terms of sale on this Website. The purpose of this Privacy Policy is to provide you with information on how we:

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 security practices and safeguards reasonably designed to protect your Personal Data from unauthorized access and disclosure [4]. When we collect or transmit sensitive information such as a financial account number, we use industry standard methods to protect that information as required by applicable laws. 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. If the Personal Data under the custody of Digital River is (or is likely to be) divulged, damaged or lost, we will immediately take remedial measures, inform the users in a timely manner and report to the competent government agencies as required by applicable laws.

Collection of Information, including Use of Cookies

Information You Manually Provide

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

Special Categories of Data

Generally, Special Categories of Data will not be collected or processed [5]. However, there could be a situation (such as for employment purposes) where such data may be processed. In this case, we will be sure to comply with applicable data protection legislation, including relying on the necessary legal grounds to process the data (e.g., processing health data for an insurance contract). We shall use reasonable security practices and procedures to safeguard your Special Categories of 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, this shall be regarded as giving your consent for processing your Personal Data, if any, and 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, links they use). We analyze this information to better understand our visitors’ interests, needs 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 also use this information to personalize your experience when you use the Website and to improve our marketing efforts, including through use of 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. Although you are not required to accept cookies, 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 or its service providers. 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 and 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 per below:

Do Not Track Requests

If you opt-out of having your information collected through cookies and other web technologies, 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 data sources, according to the rules of the use and processing of such information established by the respective online data sources. If any Special Categories of Data are freely available or accessible in the public domain, we will not have any obligations to you regarding the same.

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/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 in 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 the following purposes:

We may also use your Personal Data for the following purposes where you visit the Website to complete a transaction:

We will take reasonable steps to ensure any person or entity receiving Personal Data for the purposes described above, are obligated to keep the Personal Data secure. If any Special Categories of Data are being collected, received or retained by an external entity, details of such entity will be shared with you if required by applicable law. Our obligations will not, apply to information shared with any Government entity mandated under law to obtain such information or by an order under law for the time being in force.

Automated Processing

In limited situations, we may use your Personal Data to help us make automated decisions to further improve our business. For example, 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 and alter the content accordingly. We may also use that users’ geographic location and company data. In some circumstances, 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. In this case, the following data elements will be anonymized such as first and last name, street address, phone number, email address and other data elements in accordance with applicable law. The Anonymous Information may be used as described here:

We may also use De-identified Data for the purposes mentioned above, and related purposes as allowed by applicable law.

Our Partners

We will provide certain Personal Data, Anonymous Information or De-identified Data to our Partners to fulfill our obligations to you, and otherwise assist Digital River’s use of Personal Data as described in the “How We Use Your Data” section:

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:

We will not share your Personal Data with our service providers in connection with their offering of services to us, unless it is required for the purposes of our Legitimate Interests and purposes of fulfilling our obligations as to delivery of our commerce solution to you. These service providers may be 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 or Special Categories of Data about you when we believe disclosure is appropriate to:

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 operating divisions (such as part of a sale, merger, reorganization, or similar event), your Personal Data will become owned by that company, unless otherwise provided for by the local legislation. 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 erasure of your Personal Data or Special Categories of Data, please send us a request using the information in the “How to Contact Us” section of this Privacy Policy. For example, if there is any error in the Personal Data that you have submitted to us, please contact us and we will take appropriate measures to correct the error.

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 or Special Categories of Data, it will be disposed of in a manner that prevents loss, theft, misuse, or unauthorized access in-line with our data retention policy.

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 consent 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 where necessary parental consent was not obtained, 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 information 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.

Joint Use per Data Protection Legislation

In certain jurisdictions (such as under Japanese data protection legislation), the details of the transmission of your Personal Data to other Digital River entities must be included. Therefore, the following categories of Personal Data could be jointly used with certain Digital River entities, which entities are listed by region here (“Joint Users”):

The Joint Users will use the Personal Data for the purposes set forth in "How We Use Your Data" section above. Digital River, Inc. and/or Digital River Ireland Ltd. are currently responsible for management of Personal Data subject to the joint use.

A link to our previous policy is included here.




[1] Please note that for India, data protection legislation applies only to sensitive personal data and not to general personal information. Also, specifically for Russia, requirements for protection of special categories of Personal Data is regulated under Art. 10 of the Russian Federal Law “On personal data” N152-FZ as of July 27, 2006 (“FL 152”).

[2] In case we need your written (or other form of) consent for processing your Personal Data, the Data Controller will process such Personal Data only with your respective consent and under the terms of this consent.

[3] Only if such processing is not prohibited under the applicable law.

[4] Notwithstanding anything contained herein, “reasonable security practices and procedures” under section 43A Explanation (ii) of the Indian Information Technology Act 2000 means and includes such aforementioned practices and safeguards and you agree to the same.

[5] As noted above, Indian data protection legislation apply only to sensitive personal data (Special Categories of Data) and not to general personal information.

[6] Please also refer to the grounds provided for by the applicable local law (such as Art. 6 of FL 152 for Russia).