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Privacy Policy

This Privacy Policy (“Privacy Policy”) explains how Endless Commerce, Inc., and its affiliates and subsidiaries (collectively, “Endless Commerce”) collects, uses, discloses, and applies the information collected when you use or access our online websites (such as https://endlesscommerce.com), products, services, or applications (collectively, the “Endless Commerce Services”).

This Privacy Policy explains our practices and your rights; it does not itself obtain consent where separate consent is required. “You” means the individual whose personal information we process, including website visitors, prospective customers, authorized Users, business contacts, and job applicants. “Customer” means the business, organization, or individual acting in a business capacity that contracts for Services. “Users” means individuals who access or use the Services, including personnel of Endless Commerce or a Customer and other individuals. “Customer’s Users” means individuals a Customer authorizes to access its account. Those terms do not limit the rights of other individuals whose information Customers submit.

For account administration, our website, marketing, recruiting, and our own legal obligations, Endless Commerce generally determines the purposes of processing and acts as controller or business. When we process personal information in a Customer’s orders, shipments, or other business records on its behalf, we act as processor, service provider, or subprocessor under the Customer’s instructions and applicable contractual terms. In that context, the Customer’s privacy notice explains its collection and use; the processing terms govern our obligations to that Customer. A request about information controlled by a Customer should be directed to that Customer, and we will assist as required by law and our agreement.

Changes to this Policy

We may update this Privacy Policy to reflect changes in our practices or applicable law. We will provide notice of material changes by email or a prominent website or account notice before they take effect, as required by law. When a change requires consent, we will obtain it before applying the change. An update does not retroactively authorize a materially incompatible use of information already collected or override binding Customer processing instructions. Changes to commercial terms follow the separate notice process in our Terms of Service.

We obtain consent when applicable law requires it, including for non-essential cookies or particular uses of sensitive information. Where processing relies on consent, you may withdraw it using the relevant controls or by contacting privacy@endlesscommerce.com. Withdrawal does not affect processing lawfully performed before withdrawal or processing supported by another lawful basis. Declining optional processing does not require you to close your account, although a feature that needs particular information may be unavailable.

Information Collected

Endless Commerce collects information about you from various sources and methods. You may choose to submit information to us, via our website, in connection with the use of our products, services, or applications software, when you participate in an offer or promotion, or in connection with an actual or potential business relationship with us. We also may obtain information about you from companies that use our products or services, publicly available information systems, consumer reporting agencies, and commercial information services. Below are the types of information we may collect:

  • Individual and Business Contact Information: We obtain information to create a profile for you with information such as name, email address, phone, and company name, physical address, etc.

  • Log Information: We retain information about you when you access and use the Endless Commerce services. This information can include the following: IP address, timestamps, browser information, Internet Service Provider “ISP”, Web Pages visited, and URL of the Web Page you visited before navigating to Endless Commerce.

  • Usage Information: We monitor user activity in connection with Endless Commerce Services and may collect information about the applications and features you use, websites you visit, as well as types and amount of Endless Commerce Services you use.

  • Crash or Error Information: If the Endless Commerce services crash or return an error, we may collect data to determine the cause of the error using first or third party services. The crash or error information collected may include the following: Device Internet Protocol (“IP”) address, device name, operating system version, application configurations(s), the time and date, and other statistics.

  • Shipment Information: We store information which allows us to provide logistical services through our Endless Commerce core application. We obtain information including but not limited to:

    • Shipment contact information (such as shipping-related contact details like sender’s and consignee’s name, physical or email address, and phone or fax number)
    • Business contact information (such as job title, department and name of organization)
    • Government-issued identification documents (such as social security, driver’s license, state Identification card, or passport number to verify your identity for the purposes of conducting customs business on your behalf), considered sensitive personal information under certain privacy laws
    • Country of origin information (from which country you are accessing the website)
    • Payment and financial information (such as financial account information used for payment purposes and/or information that may be contained in a consumer report)
    • Contact information for colleagues, business partners or other people you would like us to contact
    • Content you provide (such as photographs, articles, and comments)
    • Mobile device unique identifier
    • Geo-location data
    • Other information that may be provided to us to obtain Endless Commerce Services (such as language preference)

  • Job Applicant Information: We obtain information about you when you apply for a job or other role with us, which may include personal identifiers, and/or professional or employment-related information.

  • Visual Information: For security purposes, we may utilize video or other electronic, digital, or wireless surveillance systems or devices (such as CCTV) at the entrance of our premises to record your data if you visit our premises.

Please note: In the U.S. we may use Stripe, Inc. (“Stripe”) to gather your data from financial institutions in order to provide you with Endless Commerce Services. The services may include the use of Stripe in processing your payments, provide you with payment terms, and/or provide you with our services. When you choose a financial connection or payment feature, the applicable authorization or mandate governs access and payment initiation. This Privacy Policy does not itself authorize access to a bank account or a debit. Stripe’s own processing is described in the Stripe Privacy Policy.

Cookies

Like many other websites, our website may use “Cookies” or “Other Technologies” (such as “pixel tags,” “web beacons,” “clear GIFs”, links in emails, JavaScript, device IDs assigned by Google or Apple, or similar technologies) to collect information and support certain features of our website. Cookies and Other Technologies allow us and third parties to obtain information about your visits to our site, including analyzing your visiting patterns. Although you are not required to accept cookies when you visit our websites, you may be unable to use all of the functionality of our sites if your browser restricts our cookies.

We use this information to process your requests and to deliver online and mobile advertisements, messages, and content for our Services that are specific to your interests. Cookie identifiers, IP addresses, device identifiers, and browsing information may be personal information even when they do not include your name. We may associate them with account or contact information where permitted by law and your choices.

Below we explain the different types of cookies that may be used on the site.

Necessary Cookies

Necessary cookies help make a website usable by enabling basic functions like page navigation and access to secure areas of the website. The website cannot function properly without these cookies. Disabling these Cookies may make the services and features unavailable.

Preference Cookies

Preference cookies enable a website to remember information that changes the way the website behaves or looks, like your preferred language or the region you are in. Some Preference cookies are essential to viewing maps or videos on our website.

endless_domain We store this cookie to know whether or not you are logged in so we can redirect you to the right part of the site.

Stripe We use Stripe to process your payments and invoices and securely store your payment information.

Session Cookies

These types of cookies are stored only temporarily during a browsing session and are deleted from your device when you close the browser. We use session cookies to support the functionality of the website and to understand your use of the site—that is, which pages you visit, which links you use and how long you stay on each page.

Cloudflare Cloudflare helps make pages in our website load faster for you and also protects us against malicious attackers.

endless_session We use this to keep you logged in while using the service.

Statistics Cookies

Statistics cookies help collect information about your use of the website and enable us to improve the way it works. These cookies give us aggregated information that we use to monitor site performance, count page visits, spot technical errors, see how users reach the website, and measure the effectiveness of marketing (including emails).

Google Analytics Google Analytics helps us track what pages in Endless Commerce they visit, in aggregate. We use it to optimize our marketing initiatives and prioritize things like blog posts and help center articles.

PostHog PostHog helps us measure which pages people visit and which pages lead to a demo request or other form submission. When you submit a form, we link your earlier visits from that browser to the contact information you provide, and we record how you first reached our website, such as the referring site or advertising campaign, with your contact record. On some pages, such as pricing, our tools, our forms, and the pages that follow a form submission, PostHog may record your interactions with the page, such as clicks, scrolling, and page changes, so we can find and fix problems. Text you type into form fields is masked and is not recorded.

We use web analysis systems to understand website visits. Some reports are aggregated, but underlying identifiers and usage records may be personal information. Subject to applicable consent requirements, these systems may process:

  • The IP address;
  • Technical features such as the browser you use (such as Chrome, Safari, Internet Explorer, or Firefox) and the resolution of your computer screen;
  • From which page you came to the Endless Commerce website;
  • When and for how long you visit or use the Endless Commerce website;
  • Whether you use functionalities of the Endless Commerce website or Endless Commerce App; and
  • Which pages you visit on the Endless Commerce website and which screens of the Endless Commerce App you are viewing.

Marketing Cookies

Marketing cookies are used to show users display advertisements across websites such as those on Facebook, Linkedin or general web. The intention is to display ads that are relevant and engaging for the individual user and thereby more valuable for publishers and third-party advertisers. We do not display ads for any services besides our own.

DoubleClick We use DoubleClick to acquire users for our service, such as ads on Google search results. We do not display ads for any services besides our own.

Facebook Pixel We use the FB Pixel to acquire users for our service, such as ads on the Facebook feed. We do not display ads for any services besides our own.

AdRoll Pixel We use the AdRoll pixel to acquire users for our service, such as ads on Facebook, LinkedIn, or on the general web. We do not display ads for any services besides our own.

LinkedIn Pixel We use the LinkedIn pixel to show users display advertisements on LinkedIn. We do not display ads for any services besides our own.

We apply consent and opt-out requirements according to the purpose of each technology and applicable law. Non-essential technologies are used only after consent where required. You can use the website’s privacy or cookie controls to change optional preferences. Restricting necessary technologies may prevent requested features from working.

Choice

You may manage optional cookies and advertising through our website’s privacy controls and exercise applicable privacy rights by contacting privacy@endlesscommerce.com. Where required by law, we recognize Global Privacy Control and other legally recognized opt-out preference signals as requests to opt out of sale, sharing, or targeted advertising. A signal applies to the browser or device transmitting it and to associated information where required by law. We do not require an account or identity verification for an opt-out request except as permitted by law.

Clearing cookies does not reliably opt you out of advertising and may erase stored preferences. You may need to renew your choices on a different browser or device. Opting out of targeted advertising does not stop contextual advertising or necessary service communications.

Marketing emails include an unsubscribe mechanism. Optional mobile-device permissions can be managed through your device or the relevant feature. We request permissions where required and distinguish optional collection from information needed to provide a requested feature.

We may receive information from third-party sign-in services when you choose to connect them, subject to their authorization processes and the permissions you grant. We process received information under this policy and applicable source restrictions. Traditional browser “Do Not Track” signals are distinct from legally recognized opt-out preference signals; we do not respond to the former but honor the latter where required.

International Transfers

Personal information may be processed in the United States and other countries where we or our providers operate. Those countries may have different privacy laws. We use a legally valid transfer mechanism where required, including an applicable adequacy decision, participation within the scope of our Data Privacy Framework certification, or executed standard contractual clauses with applicable UK or Swiss adaptations. Merely visiting our website does not substitute for a required transfer mechanism.

For transfers covered by the Data Privacy Framework, we remain responsible for onward transfers to agents under the applicable Principles, including liability where required by those Principles. For other restricted transfers, the applicable contractual safeguards and law govern. You may contact privacy@endlesscommerce.com for information about the safeguards relevant to your information or to request a copy, subject to permitted redactions.

Use of Your Information

We use personal information for the purposes below, subject to applicable law and your choices. Where data-protection law requires a lawful basis and we act as controller, we rely on performance of a contract with you, compliance with legal obligations, your consent, or legitimate interests such as operating and securing Services, responding to business inquiries, preventing fraud, and marketing our Services where those interests are not overridden by your rights. Processing on a Customer’s behalf remains limited by its instructions and applicable processing terms.

We may use the information we obtain about you to:

  • provide the information, products, and services you request;
  • provide you, if you are a client, with effective customer service;
  • provide our customers and carriers with shipment information such as location;
  • provide you with a personalized experience when you use our website;
  • contact you with special offers and other information we believe will be of interest to you (in accordance with any privacy preferences you have expressed to us);
  • contact you with information and notices related to your use of our products and services, including our website;
  • invite you to participate in surveys and provide feedback to us (in accordance with any privacy preferences you have expressed to us);
  • better understand your needs and interests;
  • publish research and analysis of i) trade, trade patterns, and ramifications of trade and trade patterns; ii) supply chain trends, supply chain patterns, and ramifications of supply chain trends and patterns; iii) the economic impact related to the same; and (iv) other issues generally related in any way to all aspects of the transportation industry worldwide, provided, however, that none of foregoing will be specific to a single individual or business;
  • improve our products and services and develop new products and services;
  • improve our marketing and promotional efforts;
  • improve the content, functionality and usability of the website;
  • evaluate your interest in our job positions and contact you regarding possible employment with Endless Commerce;
  • enforce our websites’ terms of use;
  • promote security;
  • protect against and prevent fraud, claims and other liabilities, and manage corporate risk exposure;
  • meet our internal and external audit obligations;
  • comply with our legal and regulatory obligations, including with your privacy requests;
  • support disaster recovery; and
  • for any other purpose for which we provide notice at the time of collection.

AI Features and Connected Applications

When a Customer enables an AI feature, we process prompts, relevant account or business information, outputs, and execution records to provide that feature and perform authorized actions. Contracted AI providers process information on our behalf under applicable data-processing and confidentiality obligations. Our service license does not authorize use of identifiable Customer content to train general-purpose AI models without the Customer’s separate express authorization. Any authorization remains subject to applicable law and individual privacy rights.

When a Customer or User connects an external application, including an AI assistant through an API or MCP connection, information within the granted permissions may be transmitted to that application at the Customer’s direction. The application’s provider governs its own subsequent processing under its terms and privacy notice. Disconnecting an application prevents future authorized access but may not delete information already received by that provider. Contact that provider or the relevant Customer to exercise rights over those copies.

Information We Share or Sell

We disclose personal information as needed for the purposes described in this policy, including to affiliates and service providers performing work for us, recipients a Customer authorizes, parties involved in a lawful business transaction, and authorities or other recipients where required or permitted by law. We disclose only information relevant to the purpose and apply legally required safeguards.

We do not sell personal information for money. Our use of advertising technologies may disclose online identifiers, device information, and website activity to advertising partners in ways that qualify as “sale,” “sharing,” or targeted advertising under applicable state privacy laws. These disclosures are subject to the choices described in “Choice” and “California and Other U.S. State Residents.” We do not use Customer-controlled order, shipment, or other business records for our own cross-context behavioral advertising. Provider disclosures for processing on a Customer’s behalf remain subject to its agreement and applicable service-provider restrictions.

Service Providers

We use providers for hosting, security, customer support, communications, payment processing, analytics, and AI features. Providers acting on our behalf may use personal information only for the contracted purposes and are subject to applicable confidentiality, security, and data-protection obligations. Advertising partners and providers of applications you independently connect may act for their own purposes as described elsewhere in this policy; describing a recipient as a vendor does not make every disclosure service-provider processing.

Customers may authorize access for their Users, fulfillment partners, carriers, suppliers, and other business counterparties. Customer-controlled permissions determine those recipients’ access. Public posts or information deliberately shared outside a Customer’s account may be accessible to the chosen audience. You should review the privacy notices of independent services you choose to use.

Data Security

We implement appropriate technical and organizational security measures to protect your personal information against unauthorized access, loss, misuse, disclosure, alteration, and destruction. If you wish to report a security concern or if you have a question around security, please submit your inquiry to privacy@endlesscommerce.com.

Your Privacy Rights

Depending on your location, applicable law, and our role in processing, you may have rights to:

  • Learn whether we process your personal information and obtain access or a portable copy.
  • Correct inaccurate information or request deletion, subject to lawful exceptions.
  • Restrict processing or object to processing based on legitimate interests, including direct marketing.
  • Withdraw consent where processing relies on it, without affecting prior lawful processing.
  • Opt out of sale, sharing, or targeted advertising and limit certain uses of sensitive information where applicable.
  • Opt out of or obtain safeguards concerning certain automated decisions or profiling that produce legal or similarly significant effects, where applicable.
  • Appeal a denied request where applicable law provides that right, and complain to the competent privacy regulator.

To exercise rights or appeal a decision, email privacy@endlesscommerce.com or call +1 (650) 877-2811. Use “Privacy Appeal” in the subject line for an appeal. We will respond within applicable legal deadlines and explain a denial and available appeal or complaint rights. We do not discriminate against individuals for exercising protected privacy rights.

We may request information reasonably necessary to verify identity or authority for requests that require verification. An authorized agent may submit a request with proof of authority as permitted by law. We do not require verification for opt-out requests where prohibited. We may decline or limit a request only on grounds permitted by applicable law, such as protecting another person’s rights, complying with legal retention duties, or responding to manifestly unfounded or excessive requests where that exception applies.

For information we process on a Customer’s behalf, we will refer or forward the request to the Customer as appropriate and assist it under our agreement and applicable law. Our commercial Terms of Service do not waive your non-waivable privacy rights.

We may also disclose information about you when we, in good faith, believe disclosure is appropriate to comply with the law, a court order, or a subpoena. We may also disclose information about you to prevent or investigate a possible crime, such as fraud or identity theft; to protect the security of our website; to enforce or apply our websites’ terms of use or other agreements; or to protect our own rights or property or the rights, property, or safety of our users or others. We provide notice of legal demands where required by applicable processing agreements or law, unless legally prohibited; in other cases, we may provide notice when reasonably practicable and appropriate, taking account of emergencies. We may dispute such demands when we believe, in our discretion, that the requests are overbroad, vague or lack proper authority.

Change of Control

We may disclose relevant information in connection with a proposed or completed merger, acquisition, financing, reorganization, or sale of assets, subject to appropriate confidentiality protections and applicable law. A recipient must honor applicable restrictions on previously collected information, including binding processing terms. We will provide notice and obtain consent where required for a material change in use.

California and Other U.S. State Residents

Where applicable, the California Consumer Privacy Act, as amended by the California Privacy Rights Act, and other state privacy laws provide the rights described above. Business-contact information may also be covered. Our disclosures depend on our role, the Services used, and applicable exemptions.

During the preceding twelve (12) months, the categories collected and disclosed for business purposes are those described in “Information Collected”: identifiers and contact information; account, financial, and commercial information; internet or device activity; location information; communications and visual information; employment information; and sensitive identifiers where required for a supported service. Sources include you, Customers and their Users, connected services, public and commercial sources, and automatic collection. Purposes are described in “Use of Your Information.” We retain each category under the criteria in “Personal Data Retention.”

Identifiers and contact information may be disclosed to hosting, communications, support, payment, and security providers and Customer-authorized recipients. Commercial, financial, shipment, and sensitive verification information may be disclosed to payment or logistics providers and authorized recipients as needed for the requested service. Device, internet activity, and location information may be disclosed to hosting, analytics, and security providers. Applicant and visual information may be disclosed to recruiting or premises-security providers. Relevant categories may also be disclosed for legal compliance or a business transfer as described in this policy.

Online identifiers, device information, and website activity may be disclosed to advertising partners for cross-context behavioral advertising and may therefore be treated as sold or shared. You may opt out through our website’s privacy controls, by a legally recognized preference signal such as Global Privacy Control, or by contacting privacy@endlesscommerce.com. We do not knowingly sell or share personal information of individuals under sixteen (16).

We use sensitive personal information only as necessary to provide requested services, protect security, prevent fraud, comply with law, or for other purposes permitted without a right to limit under applicable law. We do not use it to infer personal characteristics. If a use requires additional consent or a right to limit, we provide the required choice before that use. California residents may also contact us about disclosures for third parties’ direct marketing purposes.

Community Forums and Blogs

Our website offers publicly accessible blogs or community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. To request removal of your personal data from our blog or testimonials, contact privacy@endlesscommerce.com.

Testimonials

We display personal testimonials of satisfied customers on our website in addition to other endorsements. With your consent, we may post your testimonial along with your name.

Policy Regarding Children

Our Services are intended for business use by adults and are not directed to children. Individuals must be at least eighteen (18) to hold a User account. That account restriction does not represent that every individual appearing in Customer-controlled transaction records is an adult. Customers are responsible for lawful collection and instructions for those records. If we learn that a child has directly provided information in circumstances requiring parental consent, we will take the steps required by applicable law. Contact privacy@endlesscommerce.com with concerns.

Promotional and Newsletter Communications

Endless Commerce newsletters and marketing emails include the option to opt-out of receiving any further emails. You may also opt-out of receiving specific promotional emails by emailing privacy@endlesscommerce.com. Endless Commerce may still send non-promotional communications such as security alerts, product updates, or notices related to our ongoing business relationship.

EU-U.S. Data Privacy Framework, UK Extension to the EU-U.S. Data Privacy Framework, and Swiss-U.S. Privacy Framework

Endless Commerce complies with the EU-U.S. Data Privacy Framework program (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework program (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. Endless Commerce has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension. Endless Commerce has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework program Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this Privacy Policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework program, and to view Endless Commerce’s certification, please visit https://www.dataprivacyframework.gov/.

Data Privacy Framework Scope

Our Data Privacy Framework commitments apply to Endless Commerce and the U.S. entities and categories of personal information included in our current certification. They do not automatically extend to every affiliate or every transfer. The applicable Principles govern information received in reliance on the certification, including any continuing obligations for previously received information.

Personal Data Retention

We retain personal information for as long as reasonably necessary for the disclosed purpose, taking account of the service relationship, the type and sensitivity of information, legal recordkeeping requirements, security needs, and applicable claim periods. Account and business-contact information is retained to administer the relationship; billing and legal records follow applicable recordkeeping and claims requirements; security and usage records are retained for operational and security purposes; applicant information is retained for recruiting and applicable employment-law requirements.

For Customer-controlled content, the applicable processing agreement and Sections 5.7 and 12 of our Terms of Service govern retention and return or deletion. Unless that agreement or law requires otherwise, the standard export period is thirty (30) days after the applicable subscription expires or terminates. Temporary suspension or an overdue invoice alone does not begin that period. Earlier lawful deletion instructions may shorten it.

After the applicable period, information is deleted or de-identified unless continued retention is required or otherwise lawfully justified. Required records and backup copies remain protected and restricted to the retention purpose. Backups are removed under the applicable backup schedule and do not extend Customer’s export rights. Records needed for continuing physical or freight services are retained for those services and applicable legal requirements. A privacy request is evaluated under applicable law and is not automatically denied because an account remains active.

We may place links on the Endless Commerce Services site or application. When you click on a link to a third party website from our website, your activity and use on the linked website is governed by that website’s policies, not by those of Endless Commerce. We encourage you to visit their websites and review their privacy and user policies.

U.S. Federal Trade Commission Enforcement

Endless Commerce’s commitments under the Data Privacy Framework are subject to the investigatory and enforcement powers of the United States Federal Trade Commission.

Privacy Inquiries and Complaints

In compliance with the EU-U.S. Data Privacy Framework Principles, Endless Commerce commits to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States pursuant to the DPF Principles. European Union, Swiss, and United Kingdom individuals with DPF inquiries or complaints should first contact Endless Commerce at: privacy@endlesscommerce.com

Endless Commerce has further committed to refer unresolved privacy complaints under the DPF Principles to an independent dispute resolution mechanism, Data Privacy Framework Services, operated by BBB National Programs. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit https://bbbprograms.org/programs/all-programs/dpf-consumers/ProcessForConsumers for more information and to file a complaint. This service is provided free of charge to you.

If your DPF complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See https://www.dataprivacyframework.gov/s/article/G-Arbitration-Procedures-dpf?tabset-35584=2

Contacting Us

For any questions about this Privacy Policy or if you wish to exercise your rights under the access principle to correct, amend, and delete personal data, you can contact us at:

Email: privacy@endlesscommerce.com

Phone: +1 (650) 877-2811

Mailing Address: Endless Commerce, Inc. Attn: Privacy Team 1023 Calle Sombra, Suite G San Clemente, CA 92673 USA

Effective date: May 10, 2024