Introduction 

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This privacy and cookie policy (“Policy”) describes how Pear Commerce Inc. (“Company,” “Pear,” “we,” and “our”) collects, uses and shares information we obtain through (i) our website and other digital properties that link to this Policy (the “Pear Platform” or “Platform”), (ii) our customers (“Partners”), and (iii) the services we provide Partners and partners ("Offering"). 

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1. INFORMATION WE COLLECT 

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We collect certain personal information from visitors to the Pear Platform such as visitors who are interested in our Offering (“Platform Visitors”), from our Partners, and from and about individuals who interact with our Offering (“Shoppers”), including by engaging with our Partner’s content or website properties utilizing our Offering. If you do not agree to our use of your personal information in line with this Policy, do not use the Pear Platform or interact with our Offering. 

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Partners and Platform Visitors 

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We collect personal information you provide directly to us, including:

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• Contact and registration data, such as name, email address, job title, company name, and other personal information; and
• Feedback such as when you report an issue with our Platform or Offering, when we provide you with Service support, or when you otherwise correspond with us. 

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We collect certain personal information through automated means, including:

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• Identifiers and other technical information about the device(s) you use, your interaction with our Offering or our Platform, such as when you log in to your account to manage your deployment of our Offering, such as:

• device information and related identifiers such as your IP address, browser characteristics, device IDs and characteristics, device type, platform type, advertising identifiers, operating system, and the zip code or country from which you accessed the Platform or Offering; and
• usage activity such as referring and exit pages and URLs, the number of clicks, files you download, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time you visited the Platform or Offering and upload or post content, error logs, language preferences, and other similar information. 

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Shoppers

We collect and/or receive certain personal information through automated means, including:

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• device and session identifiers and other identifiers created and used by us or service providers;
• usage activity including certain of your activity on our Offering; and
• other device or browser information including your IP address (which we process to determine general location but do not store), browser and device characteristics, platform type, operating system, and city, state, and/or or country from which you access the Offering. 

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In certain circumstances, our Partners may include certain third party cookies or pixels in connection with their content or with the use of our Offering, in which case our Partner and/or such third party may collect the above information as well. 

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We also collect personal information that Shoppers provide directly to us, including inquiries and feedback such as when reported issues with our Offering. 

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Information We Collect from Others 

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We may also receive additional information about Shoppers, such as demographic and interest information, from third parties such as retail partners and consumer data resellers. 

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2. USING YOUR PERSONAL INFORMATION 

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For all users, we use the personal information we collect to:

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• operate, maintain, and improve our Platform and Offering;
• better understand your use of and to improve the Platform and Offering;
• make navigation and use of our Platform easier;
• detect fraud and secure the Platform and Offering; and
• as we believe necessary or appropriate (a) to comply with applicable laws; (b) to comply with lawful requests and legal process, including to respond to requests from public and government authorities; (c) to enforce our Policy; and (d) to protect our rights, privacy, safety or property, and/or that of you or others. 

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For Partners and Platform Visitors, we also use the personal information we collect to:

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• manage your account, including to communicate with you regarding your account, if you have an account on our Platform or Offering;
• analyze and measure the performance and effectiveness of our Partners' campaigns and conduct market research;
• provide customer service and support;
• help offer you and develop other products, features, or service;
• send information including technical notices, updates, security alerts, and support and administrative messages;
• send you information about news such as offering updates or promotions; and
• respond to a job application or inquiry and consider you for employment purposes. 

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For Shoppers, we also use the personal information we collect and/or receive to:

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• enable our Offering to work on a third-party or Partner website;
• analyze and measure the performance and effectiveness of our Partners' campaigns and conduct market research, including by enhancing Shopper information with other data for such purpose; and
• generate aggregate reports related to any of these purposes. 

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We may and do deidentify and aggregate information and use it for any lawful purpose. 

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3. SHARING YOUR PERSONAL INFORMATION 

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We may share the information we collect as follows:

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• Service Providers. We may disclose your personal information to entities who provide services on our behalf. These third parties are only permitted to use personal data to the extent necessary to enable them to provide their services to us.
• Change of Control. We may disclose personal information when we do a business deal, or negotiate a business deal, involving the sale or transfer of all or a part of our business or assets. These deals can include any merger, financing, acquisition, or bankruptcy transaction or proceeding.
• Legal Compliance & Protection of the Platform, Offering and Others. We may disclose personal information as we believe necessary or appropriate: (a) to comply with applicable laws; (b) to comply with lawful requests and legal process, including to respond to requests from public and government authorities to meet national security or law enforcement requirements; (c) to enforce this Policy; and (d) to protect our rights, privacy, safety or property, and/or that of you or others.
• Third Parties Designated by You. We may disclose your personal information to third parties where you have provided your consent to do so.
• Partners and or Third Parties They Select. When Shoppers interact with content provided by Partners using our Offering, that Partner, retailers with which our Partners work to fill your orders, and third parties that Partners select (e.g., third party pixels) to assist with advertising and analytics may receive certain information from your interaction with such content or with a retailer. In addition, such Partners and retailers have their own privacy policies and we do not accept any responsibility or liability for their websites, features, or policies.
• We may share deidentified and aggregated information with third parties. 

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4. THIRD PARTY SITES 

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Our Platform and Offering may contain links to third party websites and features, such as retailer ecommerce sites. This Policy does not cover the privacy practices of such third parties. These third parties have their own privacy policies and we do not accept any responsibility or liability for their websites, features or policies. Read their privacy policies before you submit any data to or interact with them. 

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5. COOKIES 

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We and our service providers, vendors, and Partners may use cookies, pixel tags, and other technologies (“Cookies”) to collect information through automated means and to help us better understand aggregated Shopper behavior, personalize marketing efforts and promotions, perform research and analytics, improve the Platform and Offering, and advertise the Offering. For more information, please see our Cookie Notice below, which includes information on how to control or opt out of these cookies and tracking technologies. 

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6. ONLINE ANALYTICS AND ADVERTISING 

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Analytics 

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We may use web analytics services (such as Google Analytics) on our Offering to collect and analyze usage information through cookies and similar tools; engage in auditing, research, or reporting; assist with fraud prevention; and provide certain features to you. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-out Browser Add-on by clicking here. 

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If you receive email from us, we may use certain analytics tools to capture data on your behavior. This data allows us to gauge the effectiveness of our communications and marketing campaigns.

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Online Advertising 

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The Offering may allow third-party advertising technologies to place cookies or other tracking technologies on your computer, mobile phone, or other device to collect information about you to assist in the delivery of relevant advertising about the Offering on other websites you visit and other services you use. 

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We neither have access to, nor does this Privacy Policy govern, the cookies or other tracking technologies that may be placed on the device you use to access the Offering by such non-affiliated third parties. If you are interested in more information about tailored browser advertising and how you can generally control cookies from being put on your computer to deliver tailored advertising, you may visit the Network Advertising Initiative’s Consumer Opt-Out link, the Digital Advertising Alliance’s Consumer Opt-Out link, or Your Online Choices to opt out of receiving tailored advertising from companies that participate in those programs. To opt-out of Google Analytics for display advertising or customize Google display network ads, visit the Google Ads Settings page. You may also have other choices related to cookies in this Policy, depending on your jurisdiction. 

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7. YOUR RIGHTS & CHOICES

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• Commercial Emails: You can opt-out of commercial email messages by following the instructions located at the bottom of such emails. Please note, even if you opt out of receiving marketing emails, we may still send you non-marketing emails such as emails about your account with us (if you have one) and our business dealings with you.
• Cookies & Analytics: You can opt out of certain cookie-related and analytics processing by following the instructions in this Privacy Policy. 

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Your Rights 

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Depending on where you live, you may have certain rights with respect to your personal information. If you are a California or Virginia resident, or a resident of Canada, you may be able to ask us to provide access to, update or correct, delete, or restrict the use of certain personal information we hold about you. Residents of California and Virginia also have sale/targeted advertising opt out rights described below. 

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We will take reasonable steps to verify your identity. If you would like to exercise any individual right (or for California residents, if you are an authorized agent of an individual and would like to make a request on their behalf), you may email us at privacy@pearcommerce.com. Please include “Privacy Rights” in the subject line of your email and provide a clear explanation of which right you are exercising and your location of residence in the body of the email. Your rights and our responses will vary based on your state or country of residency. Please note that you may be located in a jurisdiction where we are not obligated, or are unable, to fulfill a request. In such a case, your request may not be fulfilled. 

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We share or sell certain Partner or Platform Visitor information to third parties such as Cookies, IP address, and/or browsing behavior, to advertise the Offering to you. This activity may be considered a sale in certain jurisdictions. If you are a California or Virginia resident, you also have the right to opt out of our collecting, processing, sharing, or selling of personal information for online targeted advertising purposes. 

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In addition, in some circumstances, we or our Partners through their embedded technology (which may belong to third parties) may provide personal information from Shoppers to third parties for these purposes:

• For online targeted advertising and measurement purposes: demographic and statistical information, user-generated content, device information and identifiers, connection and usage data.
• At our customer’s direction (with documentation). 

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Partners or retailers may also receive Pear generated unique identifiers when Shoppers engage with our Offering, such as by interacting with our Partners’ shoppable content. 

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If you would like to opt out of the sale, you can also submit an opt-out by emailing us at privacy@pearcommerce.com. Please note that we do not knowingly sell the personal information of minors under 16 years of age without legally-required affirmative authorization.

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Your preference may be lost if you clear, or your browser is set to clear, cookies. Even if you opt out, you will still see advertising, it just may be less relevant to you. If you have any unresolved concerns, you may have the right to complain to your local data protection authority. In addition, Virginia residents may appeal the denial of a request here: privacy@pearcommerce.com.

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Where we operate as a service provider or processor for third-party organizations, you may need to contact that organization to exercise any applicable rights. 

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Additional Information and Rights for California Residents 

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If you are a California resident, California law requires us to provide you with some additional information regarding how we collect, use, and share your “personal information” (as defined in the California Consumer Privacy Act (“CCPA”)). 

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In addition to the specific pieces of personal information we collect from and about our users. CCPA also requires us to provide you with the “categories” of personal information we collect as defined by California law. Depending upon the types of services you use, the categories we collect are: Identifiers (such as name, email address); internet or other network or device activity (such as device identifier and browsing activity); demographic information (such as age); general location information; user-generated content; and other information that identifies or can be reasonably associated with you. 

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We use the above categories of information to provide and manage the Offering you request; to analyze the use of our Platform and Offering; to market our Offering to you; for technical troubleshooting and fixing; to audit consumer interactions on the Platform and Offering; to protect the rights of the Platform and Offering; for legal compliance; and with your consent.

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Depending on the circumstances, we may share any of the above categories of information we collect with service providers; other parties, including government entities, when required by law or to protect our users and services; and with your consent or in connection with a corporate transaction. We share device information and identifiers and internet or other network or device activity with entities that provide advertising services. 

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Do Not Sell My Personal Information 

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The CCPA sets forth certain obligations for businesses that “sell” or “share” personal information to third parties. The CCPA defines “sale” broadly potentially to include allowing third parties to receive certain information such as cookies, IP address and/or browsing behavior in order to enable us to market our Offering on other websites or apps. 

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Depending on how you visit the Platform or use the Offering, we may sell or share (and over the past 12 months, may have sold or shared) device information and identifiers, such as IP address, and unique advertising identifiers and cookies; connection and usage information, such as browsing history or app usage. 

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Our Partners may also include third party technology (e.g., cookies or pixels) in their content using our Offering or otherwise through their use of the Offering. In such case, our Partner or third parties may receive the above information for advertising and analytics purposes. Partners or retailers may also receive Pear generated unique identifiers when Shoppers engage with our Offering, such as by interacting with our Partners’ shoppable content. 

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If you or your authorized agent would like to opt out of our sharing of your personal information for such purposes (to the extent this is considered a sale), you may do so by emailing privacy@pearcommerce.com.

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The California “Shine the Light” law gives residents of California the right under certain circumstances to request information from us regarding the manner in which we share certain categories of personal information (as defined in the Shine the Light law) with third parties for their direct marketing purposes. 

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Additional Nevada Resident Privacy Rights 

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We do not engage in the sales of personally identifiable information, as defined by Nevada law. 

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8. SECURITY 

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We use appropriate organizational, technical, and administrative measures to protect personal information within our organization. However, no transmission or storage system can be guaranteed to be completely secure, and transmission of information via the internet is not completely secure. Please immediately notify us if you have concerns about the security of your personal information. 

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9. CHILDREN 

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Our Platform and Offering are not directed to children under 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us using the details below. We will delete such information from our files as soon as reasonably practicable. 

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11. INTERNATIONAL DATA TRANSFER 

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Your information, including personal information that we collect from you, will be processed by us and our affiliates and other third parties outside the country in which you reside, including, but not limited to the United States, where data protection and privacy regulations may not offer the same level of protection as in other parts of the world. By using our Platform or Offering, you understand this processing will occur. We will take all steps reasonably necessary to ensure that your personal information is treated securely and in accordance with this Policy. 

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12. COMPLAINTS 

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We are committed to resolve any complaints about our collection or use of your personal information. If you would like to make a complaint regarding this Policy or our practices in relation to your personal information, please contact us at privacy@pearcommerce.com. We will reply to your complaint as soon as we can. We hope to resolve any complaint brought to our attention, however if you feel that your complaint has not been adequately resolved, you reserve the right to contact your local data protection supervisory authority. 

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13. CHANGES TO THIS POLICY 

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We will post any modifications or changes to the Policy on our Platform. We reserve the right to modify the Policy at any time, so we encourage you to review it frequently. The “Last Updated” legend above indicates when this Policy was last updated. If we make any material change(s) to the Policy, we will post a notice on our Platform prior to such changes(s) taking effect or otherwise notify you as required by law. 

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14. CONTACT INFORMATION 

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We welcome your comments or questions about this Policy. You may contact us in writing at privacy@pearcommerce.com, or at: 

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Pear Commerce, Inc. 

313 N. Plankinton Ave, Suite 207, Milwaukee, WI 53207

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