Privacy Policy
This Privacy Policy describes how LiveUpSell (“LiveUpSell,” “we,” “us”, and "our") collects, uses, discloses, transfers, stores, retains and otherwise processes your personal information ("you", “your”, and "User") when you visit our website at [www.liveupsell.com] as well as related websites (our “Site”), register your LiveUpSell account, use our Service, or otherwise interact and engage with us in relation to our Sites and services as outlined in LiveUpSell Terms of Service ("agreement") (collectively, "Services").
As used in these Terms of Service, “we”, “us”, “our” and “LiveUpSell” mean 2707517 ONTARIO INC., a Canadian Company incorporated under the law of Ontario, Canada and “you” means the LiveUpSell User (if registering for or using a LiveUpSell Service as an individual), or the business employing the User (if registering for or using a LiveUpSell Service as a business) and any of its affiliates.
This Privacy Policy applies to visitors of our sites and users who use our Services to create online stores to sell high quality branded products (“Users” and Store Owner”). In addition to the activities described in this Policy, we process personal information provided by Store Owners when they use our Services. Our Users use our Services to run their businesses and develop their online stores for their customers, and in doing so collect personal information about their customers, including, for example, their customers’ name and mailing address, the services that they provide for them, as well as financial, payment and other end-user customer information. We process personal information of their customers as a data processor and service provider on our Users’ behalf and on the instructions of our Users, which are the data controllers responsible for the data processing. To understand how any of our Store owners process your personal information, please refer to that Store owner’s privacy policy.
Suppliers (as defined in our terms of service) and other third party service providers that LiveUpSell interacts with are independent of LiveUpSell and responsible for their own privacy policies and practices. This includes, content on their websites or app, and products or services provided. Please refer to their privacy policy or reach out directly to these third parties for further information.
1. Personal information we collect about you and why
Personal information” means any information relating to an identified or identifiable individual, as described in applicable privacy laws in countries we operate in.
We collect and process personal information about you in three ways:
- when you provide it to us directly;
- when we gather personal information while you are using our Services, including through cookies and similar technologies; and
- when we collect personal information from other third party sources, such as co-marketing partners, or your customers.
We explain in the table below what types of personal information we collect and process, how and why we do so, and the lawful bases that apply in particular as prescribed under the applicable privacy laws, including General Data Protection Regulation and UK General Data Protection Regulation. We will collect and process your personal information with your knowledge and consent, including as set out in this Policy, except where otherwise required or permitted by law. We may collect or process personal information in other ways than as described below. We will let you know at that time, unless otherwise inappropriate or unlawful to do so.
If you fail or refuse to provide us with personal information we request from you directly, or we do not obtain your consent where we rely upon it, including to gather personal information while you are using our Services or from third party sources, we may not be able to proceed with entering into or fulfilling some of our Services. Consequently, we will not be able to provide or continue to provide those Services to you. This includes, but without limitation, setting up your account, or responding to a support request or complaint.
| Categories of personal information we collect | Purpose of Processing |
| Contact information about you or your business, such as your name or nickname,email address,phone number,the name of your staff or other individuals associated with your business, company name, channel URL |
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| Payment information, such as a credit or debit card number to link to your account, Paypal or Stripe account, |
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| Identity information, such as your date of birth, and your driver’s license, passport or other required identification information and documents |
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| Device Information, such as the device and software you use to access our Services, including IP address, web browser type, operating system name and version, and device identifiers. |
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| Usage information, such as log files, performance logs, diagnostic reports, the pages or other content you view, the searches you conduct, and the dates, times, and durations of your use of our Services. We may use cookies or other similar technologies to collect such information. |
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We only process your personal information when we have a valid “legal basis”, including when:
- Consent. You have consented to the use of your personal information, for example to submit your application to our Services.
- Contractual necessity. We need your personal information to provide you with the services you have requested, for example to respond to your inquiries.
- Compliance with a legal obligation. We have a legal obligation to use your personal information, for example to comply with tax and accounting obligations.
- Legitimate interests. We or a third party have a legitimate interest in using your personal information. In particular, we have a legitimate interest in using your personal information for product development and internal analytics purposes, and otherwise to improve the safety, security, and performance of our Services. We only rely on our or a third party’s legitimate interests to process your personal information when these interests are not overridden by your rights and interests.
2. How long we retain your personal information
The retention periods for personal information we collect and process about you are determined on a case-by-case basis that depends on the following factors below.
- The nature of the personal information, and why it is collected and processed, as described in this Privacy Policy. This includes to provide our Services, to comply with legal obligations, to enforce and prevent violations of our agreement with you, and to protect us against fraudulent activity.
- To manage and enforce our agreement with you. Your use of our Services is subject to the agreement between us. So if, for example, you close your Hoorayee account, we retain personal information about you for a period of time so as to collect any debt or fees owed, resolve disputes, troubleshoot problems, assist with any investigations or complaints, and to prevent fraud or risk.
- To establish, exercise, or defend our legal claims or rights. For example, we preserve your personal information related to a legal claim or complaint, such as where we are subject to a regulatory investigation, or we need to defend ourselves in legal proceedings involving your personal information, or respond to a government authority or body in relation to a legal or regulatory complaint made by you or someone else.
- As required or otherwise permitted by applicable law. For example, retention periods may be imposed under law or regulation for a prescribed period of time , and for instance, to protect our or other’s legitimate interests, such as to prevent fraud.
Once the retention periods applicable to your personal information expires, we will otherwise take steps to delete or anonymize personal data where we no longer have a lawful basis to retain your personal information.
3. When and with whom we share your personal information
We share personal information described in Section 1 with the following categories of service providers and other third parties.
| Categories of third parties | When and why we may share your personal information |
| Service Providers and subcontractor | We share your personal information with the following service providers for our legitimate interests to provide, maintain and improve our Services.
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| Third party service providers when you use their service,such as payment processors | We share your personal information for the following purposes to fulfill our agreement with you and for our legitimate interests.
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| Other Users | Any personal information that you voluntarily choose to include on or through our Services, including in a publicly accessible area of our Services (such as your online platform) or information you share with other users will be available to anyone who has access to that content. We are not responsible for other users’ use of available information, so you should carefully consider whether and what to post or how you identify yourself on our Services. |
| Affiliates | We may share your personal information for the following purposes for our legitimate interests or as otherwise required or consistent with applicable law.
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| Law enforcement agencies, government agencies, officials, or other authorities or third parties pursuant to a subpoena, court order, or other legal process, requirement, or legitimate interest | We may access, preserve, and disclose your personal information if we believe doing so is required or appropriate to: (a) comply with law enforcement requests and legal process, such as a court order or subpoena; (b) respond to your requests; or (c) protect your, our, or others’ rights, property, or safety. For the avoidance of doubt, the disclosure of your personal information may occur if you post any objectionable content on or through our Services. |
| With your consent | Other third parties with your consent or direction to do so, such as to provide (or assess to provide) our Services, or to discuss your account with an authorized agent |
4. Your Rights over your information
You can see or change personal information you gave us, ask us to close your account, control your device location tracking settings, or tell us to stop direct marketing to you at any time. We also respect other privacy rights and choices you make consistent with applicable law. These rights and choices available to you are based on your country of residence, and are subject to limitations as required or permitted by applicable law.
We may ask you to verify your identity in accordance with our procedures, including any authorized agent who would like to act on your behalf, or clarify your request, before taking further action on your privacy right or choice request. We endeavor to respond and address all privacy rights and choices requests within the applicable statutory time frame. We will let you know if we need more time, and why. We may not always be able to fulfill your request if we have a legitimate basis to refuse it. We will tell you why. For example, if you seek to erase your personal data in a way that would mean we are not able to comply with our obligations under law.
We will not discriminate against you, deny, charge different prices or rates for, or provide a different level or quality of goods or services if you choose to request these rights and choices.
If you would like to make a privacy right or choice request, please refer to 10. How To Contact Us below.
See or change personal information you gave us
You can see your profile and payment details any time by logging into your LiveUpSell account on our website. You can change your address, email address, phone number, and payment method at any time. You can see other relevant information about you in your LiveUpSell account, including Customer Orders made and upcoming payments.
Ask us to close your account
You can ask us to close your account at any time by clicking "Close my account" under the "Setting" tab.
Tell us to stop direct marketing to you
We may send you personalized news, promotions, and offers. If you receive direct marketing emails from us, you can also opt out any time by clicking the unsubscribe link at the bottom of the message. If you decide to opt out of direct marketing, we'll still send you non-marketing communications such as notifications about your account, orders, and important updates to our Services.
Other rights and choices that may be available to you, based on your country of residence
| Right to | Description |
| Withdraw your consent | You have the right to withdraw your consent where we have relied on it to process your personal information. If you withdraw your consent, we may not be able to provide you with certain Services. It will not affect our lawful basis for processing based on consent before your withdrawal. |
| Access | You have the right to request a copy of your personal information held by us. |
| Further information | You have the right to enquire further about the personal information we hold about you and our privacy practices, including how we transfer personal information internationally and onward disclosures of personal information |
| Correction | You have the right to ask us to correct your personal information held by us, including where you believe it is not accurate, complete, up to date, or relevant. |
| Erasure | You have the right to ask us to erase your personal information, and where personal information is made public, to inform other controllers of your personal information to erase your personal information where you have a lawful erasure right. |
| Restrict Processing | You have the right to ask us to restrict processing of your personal information. |
| Object to processing | You have the right to object to us processing your personal information where we process it based on our legitimate interests, including for direct marketing purposes and other profiling activities. You can also opt out of direct marketing at any time as described above. |
| Data Portability | You have the right to ask us to access or transfer on your behalf personal information we hold about you in a structured, commonly used and machine-readable format. |
| Make an enquiry or complaint | You have the right to make an enquiry or complaint, including to lodge a complaint with your local privacy authority. |
| Object to automated decision making | You have the right to object to solely automated decisions that we may have made about you that produce a legal or similarly significant effect, and ask for more information about the decision and have a person review it, unless we are prohibited or exempt from doing so under law. |
5. Rights of California residents
If you live in California, the following additional rights apply to you.
| Right to | Description |
| Know | You may have the right to request, up to twice in a 12-month period, to see the following information about the personal information we have collected about you:
California law also gives you the right to ask if we share your personal information to third parties for their direct marketing purposes. |
| Erasure | You have the right to ask us to delete the personal information we have collected from you (subject to exceptions the law provides). Please note that you may no longer be able to use our Services if you delete your personal information. |
| Correction | You have the right to correct the personal information we have collected about you (subject to exceptions the law provides). |
| Non-Discrimination | You have the right to not be discriminated against if you exercise these privacy rights. We will not discriminate against you, deny, charge different prices for, or provide a different quality of goods or services if you choose to exercise these rights. |
| Opt-Out | You have the right to opt-out of the sharing of your personal information for purposes of certain targeted advertising known as cross-context behavioral advertising. If we share your personal information to third parties for such purposes, we will provide you the right to opt out of such sharing (subject to exceptions the law provides). Although some of the information we collect and process about you may be considered sensitive personal information, we only process such information for purposes authorized by law, such as to provide services you request from us or to verify your information. |
How to Exercise Your Rights
You may submit an access, deletion, or correction request by emailing [email protected]. To help protect your privacy and maintain security, we take steps to verify your identity before granting you access to your personal information or complying with your request. You may also designate an authorized agent to make a request on your behalf as permitted under law, though before we process that request, we will require that you provide the authorized agent written permission to do so and verify your identity directly with us.
To the extent permitted by applicable law, we may charge a reasonable fee to comply with your request.
Exceptions to These Rights
California law provides for certain exceptions to the rights described above. We reserve the right to avail ourselves of these exceptions where applicable.
6. Your Customer’s Personal Information
LiveUpSell provides software used by our Users to run their businesses. If a Customer has visited or made a purchase from a Store Owner’s LiveUpSell supported live selling, we collect and use information about the Customer on behalf of that particular Store Owner. We use this information at the direction of our Users—they ultimately choose how and why to use Customer information—and act as a processor. If a Customer has questions about how a specific Store Owner or store uses his or her information, please visit their privacy policy.
| Categories of personal information we collect | Purpose of Processing |
| Information Customer provides,such as name, billing address, shipping address, email address, phone number, and payment information. | To provide Store Owners with our services, and enable them to to complete a transaction, screen orders for fraud and risk, fulfill orders, and contact Customer with new products or offers |
When a Customer visits or makes a purchase from a Store Owner’s store, the Store Owner the Customer's visiting or buying from legally will act as data controller and control the Customer information. As a result, LiveUpSell doesn’t, for example, decide how long the Customer information is retained. This means LiveUpSell can't help a Customer access, correct, erase, or port a Customer’s information without being directed to by the Store Owner. To make a request about a Customer's personal information, contact the specific Store Owner directly. If a Customer makes a request to us, we will forward a Customer request to the relevant Store Owner and help them fulfill a Customer's request. If the Store Owner no longer exists, however, we may be able to assist a Customer directly. Please note that some data subject rights only apply in certain circumstances, and all of these rights may be limited by law.
7. Children’s Personal Information
We do not knowingly collect, maintain, or use personal information from children under 13 years of age, and no part of our Services are directed to children. If you learn that a child has provided us with personal information in violation of this Privacy Policy, then you may alert us at [email protected].
8. International Transfer
Our Services are hosted in the United States and intended for visitors located within the United States. If you choose to use our Services from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personal information outside of those regions to the United States for storage and processing. We may transfer personal information from the European Union to the United States as needed to perform our Services that you have requested from us, or with your consent. Also, we may transfer your data from the U.S. to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating our Services. By providing any information, including personal information, on or to our Services, you consent to such transfer, storage, and processing.
9. Modification
We reserve the right to change this Privacy Policy from time to time, as may be required. We will provide you with reasonable prior notice of any material changes in how we use your personal information, including by email if you have provided one. If you disagree with these changes, you may cancel your LiveUpSell account at any time. Any amendments will be published by posting a revised version of the Privacy Policy and updating the “Effective Date” above. The revised version will be effective on the “Effective Date” listed.
10. How To Contact Us
If you have any questions, comments, or concerns about our processing activities, please email us at [email protected] or write to us at:
2707517 ONTARIO INC.,
15 ALLSTATE PKY
MARKHAM ON L3R 5B4
Canada