Privacy Policy

Last updated: December, 2021

Fermat Commerce “the App” provides creator-driven commerce “the Service” to merchants and content creators who use e-commerce enablement platforms such as Shopify to power their stores. This Privacy Policy describes how personal information is collected, used, and shared when you install or use the App in connection with your online storefront or to sell products fulfilled by Shopify-enabled merchants.

Personal Information the App Collects

We collect information from multiple parties: Brands (those who sell products via e-commerce enablement platforms), Creators (those who list the Brands’ products in for sale on their personal websites or apps), and Consumers (those who browse and purchase products via Creator websites or apps). The information collected by the App from each of these parties is detailed below.

For all parties who interact with the App, we collect information directly from the relevant individual, or by using one of the following technologies: 

  • “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org

  • “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps. 

  • “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.

Brands

When you install the App, we are automatically able to access and write certain types of information from and to your e-commerce enablement platform, including product and inventory details, customer information, checkouts and orders, payments, and discounts. When possible, the App will also subscribe to notifications and updates of the aforementioned information provided by your e-commerce enablement platform.

Additionally, we collect the following types of personal information from you once you have installed the App: Information about you and others who may access the App on behalf of your store, such as your name, email address, IP address, web browser details, time zone, and information about the cookies installed on the particular device you use to access the App.

Note that we also collect information about your customers who use the App to browse or purchase your products, as detailed in the “Consumers” section below.

Creators

We collect the following types of personal information from you once you have installed the App: Information about you and others who may access the App on behalf of your store, such as your name, email address, IP address, web browser details, time zone, and information about the cookies installed on the particular device you use to access the App.

Note that we also collect information about visitors on your personal website who browse or purchase products via the App, as detailed in the “Consumers” section below.

Consumers

We collect the following types of personal information from you when you interact with the App to browse or purchase products: Information about you, such as your name, email address, IP address, web browser details, time zone, and information about the cookies installed on the particular device you use to access the App.

How Do We Use Your Personal Information?

We use the personal information we collect from you and your customers in order to provide the Service and to operate the App. Additionally, we use this personal information to: Communicate with you; Optimize or improve the App; Provide you with information or advertising relating to our products or services.

Sharing Your Personal Information

In some cases, we may share your personal information with third parties, such as:

  • Brands, Creators and Consumers: We will share some of your personal information (web activity associated with device information) in the aggregate with partners that provide site analytics, for the purposes of improving the App.

  • Consumers: We will share your personal information (including your name and email address) with the Brands whose products you purchase and the Creators whose sites you purchase products from.

Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

Your Rights

California

If you are a California consumer, you have the following rights beginning on January 1, 2020:

  • The right to know what Personal Information is being collected about you.

  • The right to know whether your Personal Information is sold or disclosed and to whom.

  • The right to say no to the sale of Personal Information.

  • The right to access your Personal Information.

  • The right, in certain circumstances, to delete the information you have provided to us.

  • The right to equal service and price, even if you exercise your privacy rights, unless the difference in service and/or price is reasonably related to the value provided to you by your Personal Information.

In addition, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your Personal Information to third parties for the third parties’ direct marketing purposes. To make such a request, please contact us at the Contact Information below.

In certain circumstances, California consumers have the right to request that we delete their information. In addition, California consumers have the right to request, up to twice in a 12-month period, that a business that collects Personal Information about the consumer disclose to the consumer the information listed below for the preceding 12 months. We have the right to request verification of your identity for all requests for information.

  1. The categories of Personal Information it has collected about that consumer.

  2. The categories of sources from which the Personal Information is collected.

  3. The business or commercial purpose for collecting or selling Personal Information.

  4. The categories of third parties with whom the business shares Personal Information.

  5. The categories of Personal Information that the business sold about the consumer and the categories of third parties to whom the Personal Information was sold, by category or categories of Personal Information for each third party to whom the Personal Information was sold.

  6. The categories of Personal Information that the business disclosed about the consumer for a business purpose.

  7. The specific pieces of Personal Information it has collected about that consumer.

To make such a request, please contact us at the contact information below.

Europe

If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.

Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.

Data Retention 

When you interact with a storefront enabled by the App or place an order through the App, we will maintain your Order Information for our records unless and until you ask us to delete this information.

Changes 

We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.

Contact Us 

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at privacy@fermatcommerce.com or by mail using the details provided below:

260 King Street, Unit 505, San Francisco, CA 94107