This Privacy Statement is effective as of August 13th, 2018.
Newgistics, Inc.(“Newgistics”, “We”, “Us”, or “Our”) is committed to respecting the privacy of its clients and users. This Privacy Statement describes how our websites, services and products operate, and how we collect, use, and share information. It also describes the choices available to you regarding the use of, your access to, and how to update and correct your Personal Information.
This Privacy Statement applies to www.newgistics.com, ncommerce.com and our services returnscenter.smartlabel.com and www.shipmentmanager.com that are owned and operated by Newgistics and Newgistics services and products that collect Personal Information and display these terms (collectively, the “Site”). These terms do not apply to Newgistics sites that do not display or link to this statement or that have their own privacy statements.
Please read this statement carefully to understand our policies and practices regarding your Personal Information. If you do not agree with our policies and practices, your choice is not to use our Site. By accessing or using this Site, you agree to this Privacy Statement. Your continued use of this Site after we make changes is deemed to be acceptance of those changes, so please check this Privacy Statement periodically for updates.
1. Collecting Personal Information from Site Users
We collect information under the direction of our clients as necessary to fulfill our contractual obligations and provide related services, and often have no direct relationship with the individuals whose Personal Information we process. We work with our clients to help them provide notice to their customers concerning the purpose for which Personal Information is collected. Our Sites do not collect Personal Information about you except when you (or someone acting on your behalf) or our clients specifically and knowingly provide it. Such Personal Information may include, but is not limited to:
- Contact information (including Name, Street Address, Email Address, Telephone Number)
- Username, password, and other information used in combination to verify identity
- Shipping/receiving, tracking and other information related to the purchase or delivery of our clients products and services or services you access through the Sites
We use this information to fulfill your request or respond to product or service information you or our clients requested. We may also collect non-personal information that does not, on its own, identify you, such as your location or company name, and/or about your internet connection, the equipment you use to access the Site and usage details. When non-personal information is combined with other information so that it does identify you, we treat that combination as Personal Information.
We may collect this information directly from you when you provide it to us or automatically as you navigate through the Site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies. We may also collect this information from third parties, for example, our clients.
By accessing and utilizing our Sites, you consent to the collection, use, disclosure, storage and processing of Personal Information in accordance with this Privacy Statement. Please note, by law you are not required to provide us with your Personal Information. By electing to not share your Personal Information with us, you may be unable to take advantage of our Sites and we may be unable to provide you with all of the functionality we offer through our Sites.
2. Collecting Other Information
The Sites use several automatic data collection tools and techniques including cookies, clickstream, and web beacons.
As is true of most websites, we gather certain information automatically and store it in log files. This information may include Internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data. An IP address is a number that is automatically assigned to your computer when you use the Internet. We use IP addresses to help diagnose problems with our server, administer our Site, analyze trends, track users’ movement around the website, gather broad demographic information for aggregate use in improving the Site, and to deliver content that is customized and personalized.
We may collect information about the “clickstream” of our clients during their visit to our Sites. This clickstream data contains the pages the visitors came from, the navigational paths they took, and the areas of the Site they visited. From time to time we track such information inside and outside of our Sites. Additionally, we may track and match clickstream data with Personal Information you provide to us in order to deliver content and other offerings – i.e., products and services that might improve your client experience. We may also share clickstream data with third parties in an aggregate or otherwise anonymous format.
Cookies and Other Tracking Technologies
Social Media Features and Widgets
We display personal testimonials of satisfied clients on our Site in addition to other endorsements. With our clients consent, we may post testimonials along with our client name. If you wish to update or delete your testimonial, you can contact us at email@example.com.
We do not act on, alter, or change our Site behavior upon receiving Do Not Track requests from your browser.
Certain email communications you receive from us may contain “web beacons.” Web beacons consist of a line of code on our Sites that delivers a small graphic image. The web beacon may not be visible as it is a 1×1 pixel that is often designed to blend into the background of a web page. Web beacons allow us to obtain information such as the IP address of the computer that downloaded the page on which the web beacon appears, the URL of the page on which the web beacon appears, the time the page containing the web beacon was viewed, the browser type used to view the page and the information in cookies. We use web beacons for activities such as monitoring the effectiveness of the headlines in our emails or the ad banners.
3. Using and Retaining Personal Information
Personal Information we collect through our Sites may be used to provide information regarding our products and services, or for marketing and promotions we believe you may find of interest. We also may use the Personal Information you provide for our internal purposes, such as Site customization, enhancement or development, administration and operation of our Sites, data analytics, and compliance with our legal obligations, policies and procedures, including performance of Newgistics obligations under sales contracts between you and Newgistics.
We will retain your information and the Personal Information we process on behalf of our clients for as long as your account is active or as needed to provide you services or the services of our clients. We will retain and use your information as necessary to comply with or fulfill our legal obligations, resolve disputes, and adhere to our agreements.
4. Sharing Personal Information
Newgistics may share your Personal Information where permitted by law, for example:
- within the Newgistics family of businesses,
- with third parties that perform services for us or on our behalf (such as credit card companies, credit and/or investigative reporting agencies, finance companies, transport companies, consultants, advisors and market research firms), or
- for marketing campaigns conducted by us or other companies or organizations that offer products or services we believe may be of interest to our clients.
However, by using the Site you agree that all information connected to a specific return or delivery can be shared with the retailer involved in the return or delivery transaction. In addition, we may provide your Personal Information to companies that provide services to help us with our business activities such as shipping your order or offering customer service. These companies are authorized to use your Personal Information only as necessary to provide these services to us.
Our service providers are required to keep confidential and secure the Personal Information received from us in accordance with this Privacy Statement and they may not use it for any other purpose other than for the purpose for which Newgistics provided it to the service provider.
We may also make information available to third parties in the following circumstances:
- When we have a good faith belief it is required by law or to otherwise cooperate with law enforcement activity;
- When we have a good faith belief it is necessary to protect our rights or property from fraudulent, abusive, or unlawful activity; or
- In the event of a proposed merger, acquisition, liquidation, dissolution or sale of assets.
In these circumstances, your consent will not be required, but we will attempt to notify you, to the extent the law requires.
Depending upon local law, you may either opt in or opt out of having your Personal Information shared and/or for marketing purposes. In the event you opt-in, we will use and share your Personal Information as described in this Privacy Statement. In the event you opt-out, we will share your preference with the applicable third parties as appropriate. For information on how to do this, see the Your Choices section of this Privacy Statement below.
5. Protecting Personal Information
We maintain reasonable administrative, technical and physical safeguards to protect the Personal Information we collect and process. Our Sites that collect Personal Information has security measures in place to protect against the loss, misuse and alteration of information under our control. When you enter certain information (such as a User ID and password) on our service platform, we encrypt the transmission of that information using transport layer security (TLS). Your Personal Information is stored in secure, guarded facilities and is protected by a defense in depth strategy that includes firewalls, intrusion prevention (IPS), endpoint protection, 24×7 monitoring and is only accessible by certain qualified employees of Newgistics. We follow generally accepted standards to protect the Personal Information submitted to us, both during transmission and once we receive it.
6. Cross Border Data Transfer
Newgistics, Inc. and its wholly-owned U.S. subsidiaries that receive Personal Information from countries outside of the United States adhere to applicable law and regulations regarding client, partner and employee Personal Information moving across geographical and jurisdictional borders. This includes the use of data transfer agreements and model contractual clauses, where available, between our corporate entities, our partners and our clients where required.
Additional information may be found under the Country-Specific Requirements section for the geographies you are located in.
7. Visiting Non-Newgistics Websites
Our Site contains links to other Web sites. Please note that when you click on one of these links, you are entering another Web site for which Newgistics has no responsibility. We encourage you to read the privacy statements or policies on all such sites as their policies may be different than ours. Any information you provide when you visit a nonaffiliated Newgistics website is subject to the privacy statements posted on those websites. We are not responsible for the content of any websites that are not affiliated with or owned by Newgistics, any use of those websites, or the privacy practices of those websites.
8. EU-U.S. Privacy Shield Compliance
Newgistics, Inc. participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework. Newgistics, Inc. is committed to subjecting all Personal Information received from European Union (EU) member countries, in reliance on each Privacy Shield Framework, to the Frameworks’ applicable Principles. To learn more about the Privacy Shield Frameworks, visit the U.S. Department of Commerce’s Privacy Shield List. Newgistics, Inc. is responsible for the processing of Personal Information it receives, under each Privacy Shield Framework, and subsequently transfers to third parties acting as agents on its behalf. Newgistics, Inc. complies with the Privacy Shield Principles for all onward transfers of personal data from the EU, including the onward transfer liability provisions.
With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, Newgistics, Inc. is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, Newgistics, Inc. may be required to disclose Personal Information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
In compliance with the EU-U.S. and Swiss-U.S. Privacy Shield Principles, Newgistics commits to resolve complaints about your privacy and our collection or use of your Personal Information. If you believe Newgistics processes your Personal Information within the scope of our Privacy Shield certification, you may direct any inquiries or complaints concerning our compliance to us at the following information in the Contact Us section below.
Newgistics will respond within 45 days. If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact JAMS, our U.S-based third party dispute resolution provider, free of charge at https://www.jamsadr.com/eu-us-privacy-shield.
If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, you may be able to invoke binding arbitration when other dispute resolution procedures have been exhausted. Please contact or visit the Privacy Shield website at https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint for more information or to file a complaint. The services of the Privacy Shield website are provided at no cost to you.
9. Country-Specific Requirements
This Privacy Statement establishes our global principles (to the extent the law permits and/or requires) for the collection, use and disclosure of information gathered through our Sites. The country in which you are doing business with us or where the Site you are visiting is located or hosted may have specific requirements concerning Personal Information and may be found below.
United States: Link
10. Your Choices
Upon request we will provide you with information about whether we hold, or process on behalf of a third party, any of your Personal Information. To request this information please contact us by emailing our Customer Support at firstname.lastname@example.org.
If your Personal Information changes, or if you no longer desire our service, you may correct, update, or delete/remove your Personal Information by contacting your Account Manager or by contacting us by postal mail or via our Customer Support at the contact information listed below in the Contact Us section. We will respond to your request within a reasonable timeframe.
In some jurisdictions, you may have to opt-in to receive any additional marketing communications from us. In the event you opt-in, we will use and share your Personal Information as described in this Privacy Statement. If you wish to subscribe to our newsletter(s), we will use your name and email address to send the newsletter to you. You may choose to stop receiving our newsletter or marketing emails by (i) following the unsubscribe instructions included in these emails, or (ii) referring to the instructions provided in the Contact Us section below. In the event you opt-out, we will share your preference with the applicable third parties as appropriate. If you are a Newgistics client, you will continue to receive transactional communications about your account and the Newgistics products and services, which you subscribe.
We partner with a third party to manage our advertising on other sites. Our third-party partner may use technologies such as cookies to gather information about your activities on this website and other sites in order to provide you advertising based upon your browsing activities and interests. If you wish to not have this information used for the purpose of serving you interest-based ads, you may opt-out by clicking here (or if located in the European Union click here). Please note this does not opt you out of being served ads on the website all together. You will continue to receive generic, non-targeted ads.
11. Your Rights to Access Personal Information
Where required by law, you may as it relates to your Personal Information (i) request access, (ii) make corrections, (iii) request deletion, (iv) restrict or (v) object to processing, or (vi) request copies. When accessing or updating your Personal Information, we may ask you to verify your identity before we can act on your request. Please note that we may reject requests, or limit the information we provide access to, if we determine it could risk the privacy of others or if unreasonable or repetitive, or if it would require disproportionate effort. As permitted by law, we may charge a reasonable fee for providing access to Personal Information, but we do not charge for lodging a request for access. If you would like to make a request you can contact us at email@example.com.
Please Note: If you are a customer of one of our clients and would no longer like to be contacted by such client, please contact that client directly. If you seek to correct, amend, delete inaccurate data or withdraw consent to further contact you may need to direct your query to one of our clients, who is acting as the data controller.
12. Changes to this Privacy Statement
Newgistics reserves the right to change this Privacy Statement at any time by posting a new privacy statement at this location. We may update this Privacy Statement to reflect changes to our information practices. Any update will be effective immediately upon posting. If we make any material changes we will notify you by means of a notice on this Site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.
13. Contact Us
If you are a customer of one of our clients and would no longer like to be contacted by such client, please contact that client directly.
To opt out of Newgistics marketing communications, click here to Unsubscribe and you will be removed from our promotional/marketing email lists. Please note, if you are a Newgistics client, you will continue to receive transactional communications about your account and the Newgistics products and services which you subscribe.If you would like to make changes to your Personal Information (such as address information and phone number) email our Customer Support at firstname.lastname@example.org. If you have questions about this Privacy Statement, you may contact us through the following:
7171 Southwest Pkwy
Building 300, Suite 400
Austin, TX 78735