5. Your Rights to Your Personal Information
For You if You Are in the EEA, the UK, or Switzerland
Merchants may use our Software to create Stores that are capable of collecting the Personal Information outlined above from Customers who reside in the EU, UK, or Switzerland. In these instances, the Merchant is the Controller of the data and we are the Processor and process the data in accordance with their documented instructions. In other instances, we may collect Personal Information when you visit our website. We process Personal Information on the following legal bases: consent; as necessary to perform our agreement to provide services or other applicable agreements; as necessary for compliance with a legal obligation to which we are subject; or as necessary for the legitimate interests of OMG and the Merchants who use our Software.
Residents of the EEA, UK, or Switzerland have the following rights.
| Your Right |
The Right Explained |
| Right to Access |
The right to be provided with a copy of your Personal Information (the right of access) |
| Right to Rectification |
The right to require us to correct any mistakes in your Personal Information |
| Right to be Forgotten |
The right to require us to delete your Personal Information—in certain situations |
| Right to Restriction of Processing |
The right to require us to restrict processing of your Personal Information—in certain circumstances, e.g. if you contest the accuracy of the data) |
| Right to Data Portability |
The right to receive the Personal Information you provided to us, in a structured, commonly used and machine-readable format and/or transmit that data to a third party—in certain situations |
| Right to Object |
The right to object:
– at any time to your Personal Information being processed for direct marketing (including profiling);
– in certain other situations to our continued processing of your Personal Information, e.g. processing carried out for the purpose of our legitimate interests.
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| Right Not to be Subject to Automated Individual Decision-Making |
The right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you |
| Right to Lodge a Complaint |
Users that reside in the EEA, the UK, or Switzerland have the right to lodge a complaint about our data collection and processing actions with the supervisory authority concerned. Contact details for data protection authorities are available at:
https://edpb.europa.eu/about-edpb/about-edpb/members_en |
| Right to Independent Dispute Resolution Body Designated to Address Complaints and Provide Appropriate Recourse Free of Charge to You |
OMG commits to resolve complaints about privacy and its collection or use of your Personal Information. European Union or Swiss individuals with inquiries or complaints regarding this Policy should first contact Us at privacy@ordermygear.com. If OMG is acting as the Processor pursuant to instructions from a Controller, it may refer you to the applicable Controller to exercise your rights with respect to the data we are processing on its behalf.
Furthermore, OMG has committed to refer unresolved privacy complaints under the Privacy Shield Principles to JAMS (Judicial Arbitration & Mediation Services), an independent alternative dispute resolution provider located in the United States and recognized for this purpose by the U.S. Department of Commerce. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit JAMS at: https://www.jamsadr.com/eu-us-data-privacy-framework for more information and to file a complaint.
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For further information on each of those rights, including the circumstances in which they apply, see the guidance from the UK Information Commissioner’s Office (ICO) on individual rights under the General Data Protection Regulation.
(a) Your Rights Under Other Privacy Laws (including but not limited to the laws of Canada, the United States, California, Colorado, Connecticut, Indiana, Iowa, Tennessee, Texas, Utah, and Virginia):
| Rights to Know About and Access To the Personal Information collected about you |
You have the right to know:
• The categories of Personal Information we have collected about you;
• The categories of sources from which the Personal Information is collected;
• Our business or commercial purpose for collecting or selling Personal Information;
• The categories of third parties with whom we share Personal Information, if any; and
• The specific pieces of Personal Information we have collected about you.
Please note that we are not required to:
• Retain any Personal Information about you that was collected for a single one-time transaction if, in the ordinary course of business, that information about you is not retained;
• Reidentify or otherwise link any data that, in the ordinary course of business, is not maintained in a manner that would be considered Personal Information; or
• Provide the Personal Information to you more than twice in a 12-month period.
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| Right to Correct Inaccurate Personal Information Collected About You |
The right to require us to correct any mistakes in your Personal Information. |
| Rights to Opt-Out or Limit the Sale and Disclosure of Personal Information |
In connection with any Personal Information we may sell or disclose to a third party for a business purpose, you have the right to know:
• The categories of Personal Information about you that we sold and the categories of third parties to whom the Personal Information was sold; and
• The categories of Personal Information that we disclosed about you for a business purpose.
You have the right under the CCPA and certain other privacy and data protection laws, as applicable, to opt-out of or limit the sale or disclosure of your Personal Information. To opt-out of the sale or limit the disclosure of your Personal Information, please contact privacy@ordermygear.com.
If you exercise your right to opt-out of the sale or limit the disclosure of your Personal Information, we will refrain from selling your personal information or going beyond your requested limits for disclosure of Personal Information, unless you subsequently provide express authorization for the sale of your personal information. |
| Right to Deletion |
Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:
• Delete your Personal Information from our records; and
• Direct any Service Providers to delete your Personal Information from their records.
Please note that we may not delete your Personal Information if it is necessary to:
• Complete the transaction for which the Personal Information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for that activity;
• Debug to identify and repair errors that impair existing intended functionality;
• Exercise free speech, ensure the right of another person to exercise his or her right of free speech, or exercise another right provided for by law;
• Comply with the California Electronic Communications Privacy Act or other state or federal law;
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;
• Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
• Comply with an existing legal obligation; or
• Otherwise use your Personal Information, internally, in a lawful manner that is compatible with the context in which you provided the information.
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| Right to Fair Treatment and Protection Against Discrimination |
You have the right to not be discriminated against by us because you exercised any of your rights under the CCPA and certain other privacy and data protection laws, as applicable. This means we cannot, among other things:
• Deny goods or services to you;
• Charge different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;
• Provide a different level or quality of goods or services to you; or
• Suggest that you will receive a different price or rate for goods or services or a different level or quality of goods or services.
Please note that we may charge a different price or rate or provide a different level or quality of service to you, if that difference is reasonably related to the value provided to our business by your Personal Information.
Also, please note that our ability to serve you may be limited or made impossible if the removal or disclosure limitations of your Personal Information set by you makes limits our ability to serve you or makes our ability to serve you impossible. |
(b) How to Exercise Your Rights. If you would like to exercise any of your rights as described in this Privacy Policy, please:
• Call us at 214-945-4000;
• Email us at privacy@ordermygear.com
Please note that you may only make a CCPA-related data access or data portability disclosure request twice within a 12-month period.
If you choose to contact us, you will need to provide us with:
• Enough information to identify you (e.g., your full name, address, and email address);
• Proof of your identity and address (e.g., a copy of your driving license or passport and a recent utility or credit card bill); and
• A description of what right you want to exercise and the information to which your request relates.
Any personal information we collect from you to verify your identity in connection with you request will be used solely for the purposes of verification. We are not obligated to make a data access or data portability disclosures if we cannot verify that the person making the request is the person about whom we collected information or is someone authorized to act on such person’s behalf.
(c) How to File a Complaint. We hope that we can resolve any query or concern you raise about our use of your information.
Many laws also give you right to lodge a complaint with a supervisory authority. For example, in the European Union (or EEA), you can lodge a complaint in the state where you work, normally live, or where any alleged infringement of data protection laws occurred. Similarly, under the CCPA in California, you can lodge a complaint with the California Attorney General’s office. If you need help finding the proper authority to lodge a complaint, please contact us at privacy@ordermygear.com, and we will respond with the appropriate authority, if applicable, within 30 days.
To file a complaint under the GDPR, please see more information above about individual rights under the GDPR.
