PRIVACY POLICY

Updated June 14, 2021.

 

Order Metrics Inc., which operates the OrderMetrics platform (the “Platform”) and the OrderMetrics.com website (the “Site”), respects the sensitive nature of any personal information you provide to us.  We have created this Privacy Policy to demonstrate our commitment to the privacy of our customers and of all who visit and use the Platform and Site.  This Privacy Policy describes our online information collection, storage and disclosure practices and the choices you have regarding how your personal information is collected and used by us and our e-commerce providers.  By accessing and using the Platform and the Site, you consent to the collection, use and disclosure of information as described in this Privacy Policy.

 

Residents of the European Economic Area (“EEA”), which includes the member states of the European Union (“EU”), should consult the sections of this policy relating to the “EEA Residents” and “International Data Transfers” for provisions that may apply to them.

 

California residents should consult the section titled “Your California Privacy Rights” for rights that apply to them.

We reserve the right to change this Privacy Policy at any time.  In the event we make changes to this Privacy Policy, such policy will be re-posted in the “Privacy” section of our Site and in a link to our Terms of Use of the Platform, with the date such modifications were made indicated on the top of the page, or we may contact you to inform you about the revisions with a link to the revised Privacy Policy.  All changes are effective on the date listed at the top of this page and will apply to all information that we have about you.  Your continued use of the Site or the Platform after any change is posted indicates your acceptance of the changes and your continued consent to our processing of your Personal Information.  If at any point you do not agree to any portion of the Privacy Policy, then in effect you should immediately stop using the Platform and Site.  Because this Privacy Policy contains legal obligations we encourage you to review this Privacy Policy carefully.  If you have any questions concerning this Privacy Policy or our information collection, storage and disclosure practices, please contact us at  support@ordermetrics.com.

 

Personal Information That We Collect and How We Use It

 

We collect Personal Information about you when you register an account to use the Platform, contact us and use the Site.  “Personal Information” is information that may be used to directly or indirectly identify an individual (which in some cases, may include certain device information).  The Personal Information we collect may include your (a) name, postal address, email address, and phone number; (b) Internet Protocol (IP) address, device ID or other persistent identifiers tied to your computer or device; and (c) information about your third party accounts (“Third Party Accounts”) you may choose to provide us for integration and analytics purposes .  We may combine the Personal Information that we obtain about individuals from more than one source. The majority of such Personal Information is collected when you register to use the Platform or set up an account but we may collect further Personal Information if you choose to contact us or sign up for alerts or newsletters.

 

In general, the type of Personal Information we collect includes, but is not limited to:

 

  • Personal Information needed for you to be able to use the Platform, including for establishing an account, logging in, paying for subscription to the Platform, and linking your Third Party Accounts;
  • Personal Information to contact and respond to you, including to provide you with results of our analytics services, reply to your inquiries, and keep in touch with you regarding features or matters of interest regarding the Platform;
  • Un-identifiable and aggregated Personal Information pertaining to your visits to and use of the Platform and Site that help us maintain the appropriate features, functionality and user experience

Customer Data & Third Party Accounts

 

In order to provide you with our services, and with your permission (which you are providing if you link any of your Third Party Accounts to your OrderMetrics account), we may collect and process data regarding your customers and their use of your services (“Customer Data”).  How we treat that Customer Data is set forth in the “Customer Data” section of our Terms of Service (https://ordermetrics.com/terms/). [As set forth in more detail in our Terms of Service, you represent and warrant that all Customer Data was collected by you in accordance with your privacy policy and all applicable laws and that you have the right to provide us with such Customer Data for the purposes set forth in the Terms of Service.  For clarity, your Third Party Accounts are governed by their own privacy policies and are not under the control of OrderMetrics.

 

Non-Identifiable Data and Aggregated Personal Information

 

Regardless of whether you submit information to us, we and third parties performing services for us may send one or more “cookies” to your computer when you are using the Platform or Site.  Cookies are small text files placed on your web browser that store information on your computer, such as your Site preferences.   You can set your web browser to inform you when cookies are set, or to prevent cookies from being set altogether.  Please note, however, that if you decline to use cookies, you may experience reduced functionality and slower response times.  For more information on cookies, including how to control your cookie settings and preferences, visit http://www.allaboutcookies.org/.

 

We or our service providers may also collect data related to your use of the Platform and Site (“Usage Data”).  This Usage Data may be collected using cookies, web beacons, page tags or similar tools.  All Usage Data is anonymous transactional data that is not associated with any users as individuals.  Such Usage Data may include: your Internet Protocol (IP) address, mobile identifiers, browser type, and internet service provider (ISP); your operating system; which of our web pages you access and how frequently you access them; referral or exit pages; click stream data; and the dates and times that you visit the Platform or Site.

 

We use cookies when you sign in to keep track of your personal session.  We also use cookies to track your activity on the Platform to provide you with the optimal experience.  Other Usage Data is used for administrative purposes.  We may, for example, use this aggregated information to optimize the Platform based on the needs of our users but also to evaluate the success of particular marketing and advertising campaigns, search engine optimization strategies, and other marketing activities.

 

How and When Your Information Is Shared With Other Parties

 

We do not sell, trade or license Personal Information about our users to any third parties for any purpose, including marketing purposes.  We do work with certain trusted service providers that provide certain services related to the functionality and features of the Platform, including payment processing, email and hosting services, software development, data management, and marketing.  We call them our “Service Providers.” We may share your Personal Information with Service Providers only if necessary for us to provide our services to you. Such Service Providers are permitted to use your Personal Information only as appropriate for them to perform their services for us; they are prohibited from using your Personal Information for any other purpose or from disclosing it to third parties.

We may share your Personal Information with law enforcement or other government agencies as required by law or for the purposes of limiting fraud. We reserve the right to disclose your Personal Information when we believe that disclosure is necessary to protect our rights or to comply with a judicial proceeding, court order or legal process. We further reserve the right to disclose any of your Personal Information that we believe, in good faith, appropriate or necessary to take precautions against liability, to investigate and defend against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the Platform or Site, or to protect the rights, property or personal safety of us, our users, issuers, or others.

 

Finally, we may share your Personal Information in connection with a corporate transaction, such as a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.

 

We will not share your Personal Information if such sharing is prohibited by applicable privacy and data protection law, including, without limitation, the EEA’s General Data Protection Regulation effective May 25, 2018.

EEA Residents

 

This section of the Privacy Policy is applicable to residents of the EEA.  The EEA consists of the member states of the EU, i.e., Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and the United Kingdom, and Iceland, Liechtenstein, and Norway.  This section also applies to residents of Switzerland and, in the event of its departure from the EU, residents of the United Kingdom.  Residents of the EEA and Switzerland are referred to here as “EEA Residents”.

 

From May 25, 2018, all processing of Personal Information of EEA Residents is performed by us in accordance with the General Data Protection Regulation (2016/679) of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons regarding the processing of Personal Information and on the free movement of such data (“GDPR”).

 

Under the GDPR, we are the controller and a processor of the Personal Information of EEA Residents.  Our purpose for collecting and processing Personal Information from EEA Residents is to obtain contact information, to substantiate such information and to provide the Platform. The legal basis for collecting Personal Information is your consent.  You may withdraw consent for obtaining such communications by following the “Unsubscribe” instructions on any communication or by contacting us at support@ordermetrics.com.

 

If you are a resident of the EEA and believe that we have Personal Information about you, and you wish to access or correct the Personal Information that we have about you or have any questions relating to the processing of your Personal Information, please contact us at support@ordermetrics.com with the subject line “GDPR Data.”

 

International Data Transfers

 

If you are resident outside the United States, including in the EEA, we transfer Personal Information provided by you for processing in the United States.  Under the GDPR, we are considered a “controller” and a “co-processor” of the Personal Information of EEA Residents.  By providing Personal Information to us for the purpose of setting up an account, obtaining Services, or adding yourself to our contact lists, you consent to the transfer of your Personal Information to the United States.  The transfer of your Personal Information to the United States is necessary for the performance of a contract between you and King’s Seafood for obtaining Services.

 

Please note that the United States does not have data protection laws equivalent to those in the EEA and other jurisdictions.

 

Your California Privacy Rights

California Consumers

This section pertains to the rights of individuals or households in California (“California consumers”).

 

  • Civil Code Section 1798.83

Under certain circumstances, California Civil Code Section 1798.83 states that, upon receipt of a request by a California consumer, a business may be required to provide detailed information regarding how that business has shared that customer’s Personal Information with third parties for direct marking purposes. However, the foregoing does not apply to businesses like ours that do not disclose Personal Information to third parties for direct marketing purposes.

 

  • Rights under the CCPA

After January 1, 2020, the CCPA (California Civil Code Section 1798.100 et seq.) will provide California consumers with additional rights regarding Personal Information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly with a particular consumer or household. The categories of Personal Information we collect are generally described above but differ for individual consumers depending on the services used by such consumers.

Under the CCPA, qualifying California consumers may have the following rights:

 

  1. Right to Know and Right to Delete.

A California consumer has the right to request that we disclose what Personal Information we collect, use, disclose and sell. A California consumer also has the right to submit requests to delete Personal Information.

When we receive a valid request to know or delete from a California consumer, we will confirm receipt of the request within 10 days and provide information about how we will process the request, including our verification process. We will respond to such requests within 45 days.

 

  1. Right for Disclosure of Information.

A California consumer may also submit requests that we disclose specific types or categories of Personal Information that we collect.

Under certain circumstances, we will not provide such information, including where the disclosure creates a substantial, articulable and unreasonable risk to the security of that Personal Information, customers’ account with us, or the security of our systems or networks. We also will not disclose California consumers’ social security numbers, driver’s license numbers or other government-issued identification numbers, financial account numbers, any health insurance or medical identification numbers, or account passwords and security questions and answers.

 

  1. Submitting Requests

If you are a California consumer and would like to make any requests under the CCPA, please direct them as set forth in the section below entitled “Your Right to Access, Review, and Delete Personal Information.”

 

  1. Verifying Requests

If we receive any request we will use a two-step process for online requests where the California consumer must first, clearly submit the request and then second, separately confirm the request. We will use other appropriate measures to verify requests received by mail or telephone.

 

In submitting a request, a California consumer must provide sufficient information to identify the consumer, such as name, e-mail address, home or work address, or other such information that is on record with us so that we can match such information to the Personal Information that we maintain. Do not provide social security numbers, driver’s license numbers, account numbers, credit or debit card numbers, medical information or health information with requests. If requests are unclear or submitted through means other than outline above, we will provide the California consumer with specific directions on how to submit the request or remedy any deficiencies. If we cannot verify the identity of the requestor, we may deny the request.

 

  • California Do Not Track Disclosures

Although some browsers currently offer a “do not track (‘DNT’) option,” no common industry standard for DNT exists. We therefore do not currently commit to responding to browsers’ DNT signals.

 

Your Right to Access, Review, and Delete Personal Information

 

Under certain laws, including as described above with respect to the GDPR and CCPA, you may have the right to: obtain confirmation that we hold Personal Information about you, request access to and receive information about the Personal Information we maintain about you, receive copies of the Personal Information we maintain about you, update and correct inaccuracies in your Personal Information, object to the continued processing of your Personal Information, and have the Personal Information blocked, anonymized or deleted, as appropriate. The right to access Personal Information may be limited in some circumstances by local law, including as described above under California law. If you qualify, in order to exercise these rights, please contact us as set forth below.

 

Order Metrics Inc. C/O Assembly, LLC

10000 Washington Blvd 7th Floor

support@ordermetrics.com

 

 

We may ask you to provide additional information for identity verification purposes, or to verify that you are in possession of an applicable email account.

 

Please understand, however, that we reserve the right to retain an archive of such Personal Information for a commercially reasonable time to ensure that its deletion does not affect the integrity of our data; and we further reserve the right to retain an anonymous version of such Information.

 

Your Rights and Obligations

 

We ask that you keep the Personal Information that you provide to us current and that you correct any information you have provided to us by contacting us at support@ordermetrics.com You represent and warrant that all Personal Information you provide us is true and correct and relates to you and not to any other person.

If you are a resident of the EEA and wish to access or correct the Personal Information that we have about you or have any questions relating to the processing of your Personal Information, please contact us at support@ordermetrics.com with the subject line “GDPR Data.”

If you use the Platform, you are responsible for maintaining the confidentiality of your account and for restricting access to your computer or device, and you agree to accept responsibility for all activities that occur under your account.

 

Security Policy

We take commercially reasonable steps to protect our customers’ Personal Information against unauthorized disclosure or loss.  However, no data transmission over the Internet can be guaranteed to be 100% secure.  Therefore, while we strive to protect user information we cannot ensure or warrant the security of any information you transmit to us or from the Platform or Site.  You engage in such transmissions at your own risk.

If you believe your Personal Information is being improperly used by us or any third party, please immediately notify us via email at support@ordermetrics.com.

Personal Information Retention

 

We retain the Personal Information we receive as described in this Privacy Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.

 

Links to Other Sites

 

If you follow any links that direct you away from the Platform or Site, including links to social media sites or other websites (including those at which you hold Third Party Accounts), this Privacy Policy will not apply to your activity on the other sites you visit. We do not control the privacy policies or the privacy practices of any third parties.

 

Children Under 13

 

Our Platform and Website are restricted to the use of individuals over the age of 13.   Consequently, we do not knowingly collect personal identifying information from any person we know is a child under the age of 13.  If we learn that we have collected personal information from a child under age 13 we will delete that information as quickly as possible.  If you are a parent or guardian of a child under 13 years of age and you believe your child has provided us with Personal Information, please contact us at support@ordermetrics.com.

 

General Legal

 

All other terms governing this Privacy Policy shall be those set forth in our Terms of Service (https://ordermetrics.com/terms/) which are incorporated herein by this reference.

 

If you have questions or comments about this Policy, please contact us at support@ordermetrics.com with “Privacy” in the subject line of your email.