Terms and Conditions

Privacy Policy:

Effective date: March 31, 2023

We, 3Commerce, provide an application to merchants who use Shopify to power their stores ("you", "your"). Please note that your use of Shopify is governed directly by Shopify's legal documents. This Privacy Policy only applies when you have installed our app.

The application provides certain services to you as described on the relevant page on Shopify where this App is available.

IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY, PLEASE DO NOT USE OUR APP.

We may periodically update this Privacy Policy. Your continued use of our app after the effective date of the updated Privacy Policy will be subject to the new Privacy Policy. If we make any major changes to our Privacy Policy and will need your explicit consent for further processing of your data, we will request your consent or your renewed consent (in case it was obtained previously).

Our contact details


hello@3commerceprotocol.com

Data we collect

Please note that the amount of data we have access to is mostly determined by Shopify's technical features and we do not have wide opportunities to limit this amount if Shopify does not allow it.

In particular, when you install the App, we are automatically able to access certain types of data from your Shopify account:

  1. Access to SHOP INFORMATION via Shopify's Shop API such as shop's address, domain, email. etc. The full list and descriptions of all such data can be found on the Shopify's Shop API documentation page available viahttps://shopify.dev/docs/admin-api/rest/reference/store-properties/shop.

  2. Access to CUSTOMER INFORMATION, such as name, email, address, order history etc. The full list and descriptions of all such data can be found on the Shopify's Customer API documentation page available via https://shopify.dev/docs/admin-api/rest/reference/customers/customer.

  3. Access to ORDER INFORMATION, such as customer name, email, address, billing and payment information, items purchased, etc. The full list and descriptions of all such data can be found on the Order API documentation page available viahttps://shopify.dev/docs/admin-api/rest/reference/orders/order.

Important: Please note that our app processes CUSTOMER INFORMATION and ORDER INFORMATION since this data is required to provide 3Commerce services and without processing such data 3Commerce will not work the way it should.

How do we use your data?

The data we have access to is used only to provide you services. Below is a description of what data and for what purposes 3Commerce uses.

  1. We retrieve SHOP INFORMATION for billing purposes and also to be able to provide service, which requires access to Shopify's Shop API scope. Additionally, for proper functioning, our app needs other SHOP INFORMATION such as the shop's global settings, pricing plan, currency, currency format, time zone, time format.

  2. 3Commerce needs to manipulate the order creation process, which requires access to ORDER INFORMATION.

  3. 3Commerce needs to be able to calculate ecommerce metrics and provide sales and customer reports, which requires access to CUSTOMER INFORMATION and ORDER INFORMATION.

  4. 3Commerce needs needs to be able to create and apply discounts to orders, which requires access to ORDER INFORMATION.

  5. 3Commerce needs needs to distinguish the orders that had passes or memberships attached to them, which requires access to ORDER INFORMATION.

  6. 3Commerce needs to be able to adjust inventory, which requires access to ORDER INFORMATION.

  7. 3Commerce needs to be able to delete products, which requires access to ORDER INFORMATION.

On what legal basis do we rely to process your data?

Because we only use your data to provide services to you, we rely on the need to enter into and execute a contract to which you are a party to process your data.

Cookies and similar technologies

We use only such cookies that allow us to make app usable (so called "functional cookies") - the app cannot function properly without these cookies. We do not use any marketing or advertising cookies in our app.

Who can have access to your data?

Below is the list of our third-party partners, a link to a document where you can explore their data practices, the purpose for which we engaged each third party and the amount of data it has access to:

Name of such third party

Its privacy policy

How such third party uses your data

Data it has access to

Zendesk Support

https://www.zendesk.com.ru/company/privacy-and-data-protection/#gdpr-sub

To track, prioritize and execute your service requests

Your shop's URL, your name and e-mail


International data transfers

We can have partners in different countries, thus your data can be transferred to any country where our partner operates. You can see how our partners use your data in their legal documents available on the partner website. If this information is not publicly available, then we have agreed with the partner on the scope of the data to which it is accessing and we make sure that such partner processes it only in accordance with the purpose for which the partner was engaged.

Your rights and options

Important: In accordance with our legal obligations, we have to inform you about what rights you have with regard to your data, HOWEVER, we would like to emphasize that we do not have the technical ability to satisfy any request for all the data to which we have potential access, since we do not process the majority of such data. Accordingly, your requests can only be satisfied by us with respect to the data we process.

We will answer your requests without undue delay and in any event within 1 month of our receipt of the request unless a longer period is required due to the complexity of the request. In this case, our response time can be up to 3 months in total.

Rights of European residents. You have the right to access data we hold about you, correct your data, have your data deleted, object how we process or share your data, and restrict how we process or share your data. You can at any time send us a relevant request to access, correct, delete, stop or restrict processing or sharing of your data via e-mail specified above. If your explicit consent serves the basis for data processing, you can withdraw the consent at any time sending a relevant request via e-mail specified above.

NOTE THAT IF YOU ASK US TO DELETE YOUR DATA, WE CAN RETAIN YOUR DATA AS NECESSARY TO COMPLY WITH OUR LEGAL OBLIGATIONS OR RESOLVE DISPUTES. FOR INSTANCE, WE ARE GENERALLY UNABLE TO DELETE THE INFORMATION ABOUT YOUR PURCHASES SINCE WE NEED THIS DATA FOR OUR BILLING PURPOSES.

Rights of California residents. As required by California Consumer Privacy Act (CCPA) we endeavour to respond to a verifiable request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. We will deliver our written response by e-mail.

Right to opt out. Under the CCPA each California resident can request business stops selling data to third parties. However, we do not, and will not, provide your data in direct exchange for money. Therefore, you can make sure that we do not sell your data.

Other rights. You also have a right to be informed about what categories of data we are collecting: you can request us to disclose what data we have collected in the past 12 months and right to get a free copy of your data disclosed in a readily usable and readable format. You can also request us to delete the data we have collected in the past 12 months. We will not discriminate against you for exercising any of your rights granted under CCPA.

Mandatory verification. As required by CCPA we will need to verify your identity before processing your request. In order to verify your identity, we will generally match sufficient information you provide us to the information we maintain about you in our systems. In certain circumstances, we may decline the request, mainly where we are unable to verify your identity, for example, if you have requested us to delete your data.

Data storage

Our app store only SHOP INFORMATION, CUSTOMER INFORMATION and ORDER INFORMATION. We will store such data only for as long as it is necessary to provide you services and comply with our other legal obligations (for instance, for our billing purposes). We regularly (at least once a year) review and de-identify unnecessary data to store it for research or statistical purposes only.

Age limits

We do not knowingly collect or solicit data about or direct or target personalized advertisements to anyone under the age of 13, except in European Economic Area, where the age is limited to users under 16, or knowingly allow such persons to use our app. If you are under the age of 13 (or 16 where applicable), please do not send any data to us. If we learn that we have collected data about a child under age 13 (or 16 where applicable), we will delete that data as quickly as possible. If you believe that we might have any data from or about a child under the age of 13 (or 16 where applicable), please contact us.


Terms of Service:

Effective date: April 9, 2021

These Terms of Use ("Terms of Use") are concluded between you ("you", "your") and 3Commerce ("we", "us", "our") in respect to our App to merchants who use Shopify to power their stores ("you", "your").

When purchasing the app, you agree to be bound by and comply with these Terms of Use, and to bind your authorized customers (such as your employees) and require their compliance with these Terms of Use.

If you are an individual agreeing to the terms of these Terms of Use on behalf of an entity, such as your employer, you represent that you have the legal authority to bind that entity and "you" and "your" shall refer herein to such entity.

Please note that these Terms of Use may be amended from time to time and your use of the app, after the new version of the Terms of Use was posted on our website, constitutes the consent with the new Terms of Use.

1. RIGHT TO USE

1.1. Purchase. 3Commerce can be purchased on Shopify App Store or other sources, if authorized by us.

1.2. Right to use. When you install the App in accordance with these Terms of Use, we grant you the right to use the relevant App solely for the purpose of improving the performance of your Shopify store, subject to the terms set forth in these Terms of Use.

1.3. Term. You are granted the right to use the App from the time you install the relevant App (or have accessed the App in some other way) and until the termination of these Terms of Use, as described in section "Term and termination" herein.

1.4. Territory. You are granted the right to use the app worldwide in accordance with the terms of these Terms of Use.

2. RESTRICTIONS

2.1. Unless otherwise specified in the Terms of Use you must not:

a. Use the app in any other software or product or website other than your Shopify store;

b. Give away, license, sub-license, sell, rent, lease, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the app, or make the whole App or part of it available to any third parties;

c. Reverse engineer, disassemble, decompile, decode, adapt or otherwise attempt to derive or gain access to the source code of the app, in whole or in part;

d. In any way attempt to disrupt the app or make it difficult for other users to use the app;

e. Use access to the app and any other information for the purpose of building or replicating the app, conduct of any other activity that is competing to the our business;

f. In any other way attempt to profit from the use of the app, other than to use the app for the purpose of improving the performance of your Shopify store;

g. Use the app in any other manner that is contrary to the law of these Terms of Use.

2.2. You undertake to comply with the terms set forth herein and agree that we may take all necessary measures to prevent and cease violations of these Terms of Use including revoking your license without prior notice and any refunds.

3. NO WARRANTIES

3.1. As is. You expressly understand and agree that the use of the app is at your sole risk and that the app are provided "as is". We do not warrant that the app will meet your needs or requirements, that access to the app will be uninterrupted, fast, secure and error-free. No advice or information, whether oral or written, obtained from us or elsewhere, shall create any warranty not expressly stated in these Terms of Use. You are solely responsible for any consequences of your use of the app.

4. OWNERSHIP

4.1. General rule. We retain all and any rights to the app, its components, and other intellectual property, except as expressly granted to you herein.

4.2. Trademark ownership. All trademarks, service marks and trade names are owned, registered and/or licensed by us. You do not acquire a license or any ownership rights to any trademarks, service marks, or trade names through your use of the app.

4.3. Feedback. You understand that any comments, feedback, or ideas you send us are provided on a non-confidential basis and you grant to us a perpetual, worldwide license to use all comments, feedback and ideas you may share with us, without notice, compensation or acknowledgement to you, for any purposes whatsoever, including, but not limited to, developing, manufacturing and marketing products and services. We reserve the right to publish a selected list of users of our app.

5. FEES

5.1. Charges. The app can be purchased under the prices which are available on Shopify or other sources, if authorized by us. Please note that the price of the app may change from time to time, and the actual prices will always be available on Shopify or such other source. For users who have already purchased the App, the new price will take effect as of the payment period following the payment period in which the new price was published.

5.2. Currency. All charges are billed in USD.

5.3. Payments conditions. As usual, we offer a free trial period, after the end of which the full price for the payment period will be charged unless you unsubscribe before the end of the trial period. If there is no free trial period, the full price for the payment period will be charged 100% in advance.

5.4. Recurring charges. Recurring charges, including monthly or usage-based charges, are billed every 30 days.

5.5. No refunds. All charges are non-returnable.

6. MODIFICATION

6.1. We reserve the right to modify, suspend, or discontinue, temporarily or permanently, the app, without a prior notice to you.

6.2. All descriptions of the app and pricing are subject to change at any time without notice, at the sole discretion of us.

7. UPDATES AND TECHNICAL SUPPORT

7.1. Updates. Each App comes with free lifetime updates. Please note that we determine which updates to make at our sole discretion.

7.2. Technical support. We offer free lifetime support for our app. We may decline in support if we have reason to believe that you have violated the rules for using the app.

7.3. Customisation. Any customizations are not covered by free updates and technical support.

7.4. Inactive app. We reserve the right to exclude any App from the sales at any time. In such a case, we will cease to develop and offer any update and technical support of such an App.

8. THIRD-PARTY PLATFORMS

8.1. Shopify. Since the app are placed on Shopify App Store, we pay attention that your use of Shopify App Store is governed by Shopify’s terms of use and we are not responsible for your use of Shopify or its services.

8.2. Other third-party platforms. Your use of any other third-party sites, platforms, advertisements that may be linked to in the app is handled similarly. Such links are posted for your convenience only, but we are not responsible for your use of any third-party platforms or information obtained from them.

9. INDEMNIFICATION BY YOU

9.1. Indemnification. You agree to hold harmless and indemnify us and our authorized officers, directors, employees, agents, partners, resellers, successors and assigns from and against any third-party claim arising from or in any way related to your breach of these Terms of Use, use of the app, or violation of applicable laws, rules or regulations in connection with the app, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of any kind and nature.

10. LIMITATION OF LIABILITY

10.1. Limitations. You expressly understand and agree that we shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages incurred by you, including, but not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute services, or other loss. The foregoing limitations on our liability shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.

10.2. Cap on liability. If the limitation of liability provision under applicable law is held invalid, in any case our cumulative liability for all claims arising from or relating to the app shall be a maximum of the app price paid to us by you during the 6 months immediately preceding the event which gave rise to the claim.

10.3. Force Majeure. In no event will we be liable or responsible for any failure or delay when and to the extent such failure or delay is caused by any circumstances beyond our reasonable control ("Force Majeure Event"), including acts of God, flood, fire, earthquake or explosion, war, terrorism, invasion, riot or other civil unrest, embargoes or blockades, national or regional emergency, strikes, labor stoppages or slowdowns or other industrial disturbances, passage of law or any action taken by a governmental or public authority, including imposing an embargo, export or import restriction, quota or other restriction or prohibition or any complete or partial government shutdown, or national or regional shortage of adequate power or telecommunications (including the deterioration of internet connection) or transportation.

11. APPLICABLE LAW AND DISPUTE RESOLUTION

11.1. Applicable law. Any issue which is not agreed in the Terms of Use will be governed by Minnesota law.

11.2. Dispute resolution. The parties will endeavor to resolve all disputes, controversies and claims that may arise in connection with the execution, termination or invalidation of these Terms of Use by negotiations. The party which has any claims and (or) disagreements shall send a message to the other party indicating the claims and (or) disagreements that have arisen. If dispute, disagreement or claim was not solved by negotiations, such dispute shall be resolved in the competent courts by the location of 3Commerce.

12. TERM AND TERMINATION

12.1. Term. You have a right to use the app until the termination of these Terms of Use.

12.2. Termination by us. These Terms of Use may be terminated by us at any time without prior notice to you if you fail to use the app in accordance with these Terms of Use.

12.3. Termination by you. You may terminate these Terms of Use at any time by uninstalling the app and destroying all copies of the app (if any).

12.4. Effect of termination. Regardless of the party initiating the termination, you shall uninstall and destroy all copies of the app (if any) immediately after the termination and (or) receiving the termination notice from us. Termination of these Terms of Use by any reason does not bind us to return you the amount spent for purchase of the App.

12.5. Misuse. If you continue to use the app after we give you notice of termination, you hereby agree to accept an injunction to enjoin you from the further use and to pay all costs (including but not limited to attorney fees) to enforce our revocation of your right and any damages suffered by us because of your misuse of the app.

13. MISCELLANEOUS

13.1. Severability. If any provision of these Terms of Use is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms of Use will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

13.2. Entire agreement. These Terms of Use is the final, complete and exclusive Terms of Use between you and us with respect to the subject matters hereof and supersede and merge all prior discussions and Terms of Use between the parties with respect to such subject matters (including any prior Terms of Use).

13.3. No waiver of rights. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

13.4. Titles and interpretation. The clauses titles in these Terms of Use are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation".

13.5. Independent contractor. Your relationship to us is that of an independent contractor, and neither party is an agent or partner of the other.

13.6. Assignment. These Terms of Use and your rights and obligations herein may not be assigned by you without our prior written consent, and any attempted assignment in violation of the foregoing will be null and void. We may assign these Terms of Use without your consent. The terms of these Terms of Use shall be binding upon assignees.

14. CONTACT DETAILS

hello@3commerceprotocol.com