Policies and Procedures
Order Desk is committed to keeping your data safe and secure. Here, you’ll find our legal documents, policies, and other relevant information.
Last modified: December 28, 2023
Table of Contents
Welcome! You have arrived at a website operated by SparkWeb Interactive, Inc. d/b/a Order Desk or our affiliates (“Order Desk,” “we”, “our” or “us”). Order Desk is an order management app that lets merchants, artists, and suppliers automate their order fulfillment workflow using our Rule Builder and over 300 integrated services including shopping carts and marketplaces, print on demand fulfillment partners, shipping companies, CRMs and more.
This Policy also explains how we communicate with you and how you can make inquiries and requests to us. We strive to help you understand how we use Personal Information to improve our products, services, marketing, and interactions with you, as part of our commitment to maintaining your trust.
Where applicable, we indicate whether and why you must provide us with Personal Information, and what happens if you do not do so. If you do not provide Personal Information when requested, you may not be able to benefit from our Services if that Personal Information is necessary to provide you with the Services or if we are legally required to collect it.
What Information We Collect
This section describes what information we collect from you through our Site, App, or Services. We receive information (including Personal Information) in the following ways:
Information That You Provide to Us
As you interact with our Site, App, or Services such as when you contact us or submit an order on the App, we collect the following Personal Information via webforms or inputs/uploads on our Site or App, and through emails and other communications with you.
- Contact information such as your first and last name, email address, store name, information about your business, and/or message; and/or
- Social media information, such as social media handles, content, and other data shared with us or posted on our social media pages (such as Facebook, LinkedIn and X, formerly known as Twitter).
- Contact information such as your first and last name, job title, email address, store name, business address, telephone numbers, and mobile numbers;
- Account credentials, such as your email address and password;
- Social media information, such as social media handles, content, and other data shared with us or posted on our social media pages (such as Facebook, LinkedIn and X, formerly known as Twitter); and/or
- Financial information such as your business credit or debit card number, bank account information, and payment, service, and purchase history.
- Contact information such as your first and last name, email address, shipping address, billing address, phone number, and purchase history.
- Contact information such as your first and last name, email address, home or business address, telephone numbers, mobile numbers;
- Your current or past employment or educational information;
- Relevant licenses and certifications; and/or
- Other information that could help us determine if you’re a good fit for Order Desk and that could reasonably be used to identify you.
Information That Is Automatically Collected
Like many businesses, we and our service providers automatically collect and/or store certain information when you visit or interact with the Site, App, or Services (“Usage Information”). This Usage Information may be stored and/or accessed from your personal computer, laptop, tablet, mobile phone, or other device (a “Device”) whenever you visit or interact with our Site or App. Usage Information includes:
- Your IP address;
- Your Device functionality (including browser, browser language, settings and behavior, operating system, hardware, mobile network information);
- Referring and exit web pages and URLs;
- The areas within the Site and App that you visit and your activities there, including remembering you and your preferences;
- Your Device location or other location information, including the state, territory, or country from which you accessed the Services;
- Your Device characteristics (such as device type (computer vs. mobile) and ID, operating system, hardware);
- Certain other data, including the time of day you visit our Site or App or other information used to provide analytics or other usage information;
- Information about your engagement with our emails; and
- Statistical information about how both unregistered and registered users, collectively, use the Site and Services. This aggregate information is derived from Personal Information but cannot be tied back to you or your web browser.
Information Collected from Third Parties
Order Desk does not have control over the information that is collected, used, and shared by these third parties. We encourage you to review the privacy statements of these third parties to understand their privacy practices.
If you are an End User, the Order Desk Customer with which you interact may provide us with information about you, such as:
- Contact information such as your first and last name, email address, home or business address, shipping address, telephone numbers, and/or mobile numbers;
- Your order information; and/or
- Other information that could reasonably be used to identify you personally.
How We Use Personal Information
We use the information we collect about you in a variety of ways, including the following:
To Provide Our Services
We process certain Personal Information when you access or use our services, including to:
- create and verify user accounts;
- facilitate the functionality of our Site and App, including payment-related functionality; and/or
- customize experiences and personalization when you are on our Site or using our App.
To Communicate with You
We process certain information to communicate with you in relation to your accounts, our services, our marketing, and your requests, including to:
- communicate with you about accounts, services, programs, and End User orders;
- respond to your customer service inquiries and requests for information;
- post your comments or statements on our Site;
- send you personalized promotions, content, and special offers;
- communicate with you about our brands, products, events, or other promotional purposes; and/or
- implement your communications preferences, such as sharing information with our business partners so that they may email you about their promotions, products, and initiatives.
Order Desk may use Personal Information to create profiles and/or segment our Customers, prospective Customers, and/or End Users who interact with us directly, based on response to our communications, which supports our ability to send communications that may be more appropriate for or interesting to you.
For Improvement of Our Site, App, or Services
We want to ensure that our Site, App, and Services are continually improving and expanding so that we meet and exceed your needs and expectations. To do so, we may process certain Personal Information, including to:
- maintain, improve, and analyze our Site, App, or Services; and
- detect, prevent, or investigate suspicious activity or fraud.
To Comply with Applicable Laws
We may be required to process Personal Information under certain laws and regulations, such as tax laws, as well as to:
- maintain appropriate records for internal administrative purposes; and
- comply with applicable legal and regulatory obligations, and respond to lawful governmental requests, as needed.
To Enforce our Terms, Agreements, or Policies
To maintain a safe, secure, and trusted environment for you when you use our Site, App, and Services, we use Personal Information to ensure our terms, policies, and agreements with you and any third parties are enforced.
To Evaluate Your Application for Employment
If you apply for a role at Order Desk, we use Personal Information to evaluate your application for employment.
With Your Consent
We process certain Personal Information in order to fulfill any other business or commercial purposes at your direction or with your consent.
Many browsers default to accepting cookies. You may be able to change this setting in your browser and you can also clear your cookies. If you do, you may lose some functionality of our Site.
We may use the following types of cookies:
- Strictly necessary cookies. These cookies are essential for you to browse the Site and use its features, such as accessing secure areas of the site.
- Functionality cookies. Also known as “preference cookies,” these cookies allow the Site to remember choices you have made in the past, like what language you prefer, or what your username and password are so you can automatically log in.
- Analytics cookies. Also known as “performance cookies,” these cookies collect information about how you use a website, like which pages you visited and which links you clicked on. Their sole purpose is to improve website functions. This includes cookies from third-party analytics services if the cookies are for the exclusive use of the owner of the website visited.
- Advertising cookies. These cookies track your online activity to help advertisers deliver more relevant advertising or to limit how many times you see an ad. These cookies can share that information with other organizations or advertisers. These are persistent cookies and almost always of third-party provenance.
We also use pixel tags, which are small graphic files that allow us and third parties to monitor the use of the Site and provide us with information based on your interaction with the Site. These tags may collect the IP address of the device from which you loaded the page and the browser type. Pixel tags are also used by our third parties to collect information when you visit our site, the links and other actions you take on our site. We may use this information in combination with cookies to display targeted advertisements.
If you have any questions about cookies or to generally find out more about cookies, the All About Cookies website is a trusted resource.
You can opt-out of cookies by (a) enabling an opt-out preference signal on your browser, or (b) opting-out of cookies in our cookie preference center which can be accessed by clicking the floating cookie icon at the bottom of the screen.
On most web browsers, you will find a “help” section on the toolbar. Please refer to this section for information on how to receive a notification when you are receiving a new cookie and how to turn cookies off. Please see the links below to learn how to modify your web browser’s settings on the most popular browsers:
Note that if you turn cookies off, you may be unable to access certain parts of the Site and you may not be able to benefit from the full functionality of the Site. To find out more about cookies and similar technologies, visit www.allaboutcookies.org, and/or www.youronlinechoices.com.
Do Not Track
Your browser may offer you a “Do Not Track” (“DNT”) option, which allows you to signal to operators of websites and web applications that you do not wish such operators to track some of your online activities over time and across different websites and platforms. There is no universally agreed-upon standard for what an organization should do when it detects a DNT signal. Currently, we do not monitor or take any action with respect to these signals or other mechanisms. Learn more about Do Not Track here.
Universal Opt-out Mechanism
Some browsers and browser extensions support a Universal Opt-out Mechanism (“UOM”), such as Global Privacy Control (“GPC”), that can send a signal to the websites you visit indicating your choice to opt-out from certain types of data processing, including data sales. UOMs allow consumers to exercise any and all opt-out rights available under state laws.
When you sign up for our newsletter or use our App, Order Desk may communicate with you via a variety of print and digital media. To help us make emails more useful and interesting, we may use pixels that enable us to see if you open emails from us, if your computer supports such capabilities. You can opt out of receiving emails from us at any time. To manage your communications preferences with Order Desk — or to opt out of marketing communications entirely — please unsubscribe at the bottom of our emails or contact us at email@example.com.
Order Desk also sends a variety of functional emails regarding account status, covering areas (but not limited too) such as trial period updates, billing invoices, account-related emails, store issue notifications, as well as other messages that Order Desk deems as a functional element of providing products and services. As these emails are a critical function in providing the contracted products/services between Order Desk and our Customers, we are unable to offer the ability to unsubscribe from these messages.
Additionally, Order Desk offers opt-in status emails that Customers may configure in the Rule Builder. As these are purely functional in providing the contracted service to clients, we do not offer the ability to unsubscribe directly from these messages. Customers who wish to halt the receipt of these opt-in status messages may still do so by configuring their rules to disable the opt-in selection.
How We Share Personal Information
We share Personal Information with our service providers who provide services such as website hosting, payment processing, data analysis, information technology, customer service, email delivery, online advertising, auditing, and other services. You can access a list of our service providers at https://www.orderdesk.com/legal/subprocessors/.
Aside from the instances described above, we may share Personal Information:
- to comply with the law;
- to respond to claims or comply with legal process served on Order Desk (e.g., a lawful subpoena, warrant, or court order);
- to enforce or apply our policies or agreements;
- to protect and defend our rights or property or that of our customers, employees, visitors, or the public;
- in connection with a business transfer, sale, liquidation, or merger;
- if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure; and
- to other parties with your consent.
Third Party Links
International Transfers of Personal Information
The Site and App are operated in the United States. If you are located in another jurisdiction, please know that information we collect will be transferred to, stored, and processed in the United States. By using the Site and providing us with information, you consent to this transfer, processing and storage of information in the United States. It is important to note that the privacy laws in the United States may not be as comprehensive as those in other countries such as those in the European Union (“EU”). Our service providers use appropriate safeguards to transfer Personal Information to the United States.
We seek to use reasonable organizational, technical, and administrative measures designed to protect Personal Information. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. Where you use a password so that you can access certain areas of our site, you are responsible for keeping that password confidential. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of your account has been compromised), please contact us using the information in the Contact Us section below.
Retention of Personal Information
All information you provide to us is stored on our secure servers or those of our data storage providers.
In some circumstances we may choose to anonymise Personal Information (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice.
When deciding how long to keep Personal Information, we consider:
- How long we have had a relationship with you or provided our Services to you;
- Whether we are subject to any legal obligations (e.g., any laws that require us to keep transaction records for a certain period of time before we can delete them); and
- Whether we have taken any legal positions (e.g., in connection with any statutes of limitation).
Rather than delete Personal Information, we might de-identify it by removing identifying details.
Your Rights Under the General Data Protection Regulation
Depending on who you are in relation to us, we are considered either the “data controller” or the “data processor” of the Personal Information we handle under this Notice. For instance, we are considered a data controller for Site Visitors and Employment Applicants, and a data processor for Customers. You may contact us at firstname.lastname@example.org.
If you are a resident of or located within the EEA, you have certain data protection rights. These rights include the right to request:
- Access. You have the right to request access to Personal Information we have collected from you.
- Deletion. You have the right to request that we delete Personal Information we have about you.
- Rectification. You have the right to request that we correct Personal Information we have about you, if that information is inaccurate or incomplete.
- The right of restriction. You have the right to request that we restrict the processing of Personal Information about you.
- The right to data portability. You have the right to be provided with a copy of the Personal Information we have collected from you in a structured, machine-readable, and commonly used format.
In addition to the above rights, you also have the right to:
- Object. You have the right to object to our processing of Personal Information about you.
- Withdraw consent. You also have the right to withdraw your consent at any time where Order Desk relied on your consent to process Personal Information.
Legal Basis for Processing Personal Information
We rely on the following legal bases for processing Personal Information:
- Contract: To conclude or perform a contract with you; for example:
- To manage orders, facilitate delivery, and to provide other Services;
- To manage our accounts and records;
- To handle your inquiries and requests; and
- When you apply for employment through our Site, processing of your contact details and data about your employment history and education (as needed to evaluate your job application, to conduct job interviews, and as is otherwise needed for recruitment) is necessary to respond to your request to process your application for employment. If you do not provide this data, we will not be able to process the application that you send through our Site.
- Legitimate Interests: When we process Personal Information for our legitimate interests, we make sure to consider and balance any potential impact on you and your rights under data protection laws. Our legitimate business interests do not automatically override your interests – we will not use Personal Information for activities where our interests are overridden by the impact on you unless we have your consent or those activities are otherwise required or permitted to by law. You have the right to object to processing that is based on our legitimate interests, as further described below. Examples of legitimate interests include:
- To respond to your customer service inquiries and requests for information;
- To maintain, improve, and analyze our Site, App, ads, and Services we offer;
- To conduct marketing activities;
- To detect, prevent, or investigate security breaches or fraud; and
- To facilitate the functionality of our Site and App,
- Legal Compliance: To comply with our legal obligations; for example:
- To maintain appropriate records for internal administrative purposes and as required by applicable law; and
- To provide important information.
- Consent: We will send you information by email on our Services or other promotions if you agree to receive those communications. You have the right to opt-out of receiving marketing communications at any time.
How to Exercise Your Rights Under GDPR
If applicable, you may exercise any of your rights under the GDPR by submitting a verifiable data subject request to us by using the contact details below. You may make a request related to Personal Information about you, or on behalf of someone for which you have authorization. You must include your full name, email address, and confirm that you are a citizen or resident of the EEA by including your country of citizenship or residence in your request. We may require you to confirm your identity and/or legal standing for the request as well as your residency in the EEA to obtain the information. We will respond to your request within one month, or let you know if we need additional time.
Please note that we will ask you to verify your identity before responding to such requests, and we may deny your request if we are unable to verify your identity or authority to make the request.
If you wish to raise a concern about our use of Personal Information without prejudice to any other rights you may have, you have the right to do so with your local supervisory authority; however, we hope that we can assist with any queries or concerns you may have about our use of Personal Information first by contacting us as follows:
Your Rights Under the UK GDPR
If you are based in the United Kingdom, the following provisions also apply:
If we share Personal Information within Order Desk or with third parties located outside the United Kingdom, we take steps to ensure that appropriate safeguards are in place to guarantee the continued protection of Personal Information, such as by entering into the international data transfer addendum to the European Commission’s Standard Contractual Clauses, adopted by the UK Government under section 119A of the Data Protection Act 2018.
You have the same data subject rights as those for the EU listed above, except that references to the “GDPR” should be read as references to the “UK GDPR” and complaints should be filed with the UK supervisory authority, the Information Commissioner’s Office.
If you wish to raise a concern about our use of Personal Information without prejudice to any other rights you may have, you have the right to do so with the UK Information Commissioner’s Office; however, we hope that we can assist with any queries or concerns you may have about our use of Personal Information first by contacting us as follows:
Your California Privacy Rights
If you are a California resident, you may be able to exercise the following rights. We will honor requests received to the extent required by applicable law and within the time provided by law.
Right to Access and Information Regarding Personal Information
You have the right to request that we disclose to you the categories and specific pieces of Personal Information we have collected about you. Specifically, you have the right to request that we disclose the following to you, in each case in the twelve-month period preceding your request:
- The categories of Personal Information we have collected about you;
- The categories of sources from which the Personal Information is collected;
- Our business or commercial purpose for collecting or selling Personal Information;
- The categories of third parties with whom we share Personal Information;
- The specific pieces of Personal Information we have collected about you;
- The categories of Personal Information about you, if any, that we have disclosed for monetary or other valuable consideration and the categories of third parties to which we have disclosed the information, by category or categories of Personal Information for each third party to which we disclosed the Personal Information; and
- The categories of Personal Information about you that we disclosed for a business purpose.
- The categories of sensitive personal information collected and the purposes for which the categories of sensitive personal information are collected or used and whether such information is sold or shared, except for such information that is collected or processed without the purpose of inferring characteristics about you.
Right to Deletion of Personal Information
You have the right to request that we delete Personal Information that we have collected from you.
As permitted by the CCPA, if you request deletion of Personal Information that we have collected from you, we, our service providers, and our contractors may be unable to comply with such a request if that Personal Information is necessary to:
- Complete the transaction for which the Personal Information was collected, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between us and you;
- Prevent, detect, and investigate security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
- Debug to identify and repair errors that impair existing intended functionality;
- Exercise free speech, ensure the right of another individual to exercise his or her right of free speech, or exercise another right provided for by law;
- Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with section 1546) of Title 12 of Part 2 of the Penal Code;
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of that information is likely to render impossible or seriously impair the achievement to such research, if you have provided informed consent;
- Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us; or
- Comply with a legal obligation.
Right to Correct Personal Information
You have the right to request that we correct any inaccurate Personal Information that we maintain about you.
Right to Opt-Out
You have the right to opt out of the sale or sharing of Personal Information. We do not sell Personal Information, but we recognize that some privacy laws define “personal information” in such a way that making available identifiers linked to you for a benefit may be considered a “sale.” To opt-out of this, please click on this link.
Right to Limit the Use or Disclosure of Sensitive Personal Information
To the extent that we use or disclose Sensitive Personal Information for reasons other than those listed in the CCPA, you have the right to limit that use or disclosure of sensitive personal information. We do not use Sensitive Personal Information for reasons other than those listed in the CCPA.
Right to Non-Discrimination
We may not discriminate against you because you have exercised any of these rights, including by:
- Denying you goods or services;
- Charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;
- Providing you a different level or quality of goods or services; or
- Suggesting that you will receive a different price or rate for goods or services or at a different level or quality of goods or services.
This includes the right of current and prospective employees not to be retaliated against for exercising their CCPA rights.
How to Exercise Your California Privacy Rights
You or your authorized agent may make a request to access, correct, delete, or opt-out of the disclosure of Personal Information for business purposes. You may also make a verifiable consumer request on behalf of your minor child if you believe we have received Personal Information about them inadvertently. You may make a request by using this link or contacting us using the information in the Contact Us section below.
Please note that we may take steps to verify your identity and residency before granting you access to information or acting on your request to exercise your rights. This might include asking for your email address. If you are requesting specific pieces of Personal Information that we have collected about you, you will also be required to email us at email@example.com a signed declaration under penalty of perjury that you are a California resident and that you are the consumer whose Personal Information is the subject of the request. Note that we will not process your request to disclose specific pieces of information we have about you until we receive this signed declaration, and your request will not be considered timely submitted until we have this document in our possession.
If you use an authorized agent to exercise your rights, we may require proof of written authorization you have given the authorized agent to make the request on your behalf.
We may limit our response to your exercise of the above rights as permitted by law. We will confirm receipt of the request within 10 business days describing our verification process. We will respond to your request within 45 days or let you know if we need additional time.
Data Sharing for Direct Marketing Purposes
California Civil Code § 1798.83 permits California residents to request information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. If you are a California resident, you may ask us to refrain from sharing Personal Information about you with certain of our affiliates and other third parties for their marketing purposes. Please tell us your preference by contacting us using the information in the Contact Us section below.
Your Privacy Rights – Other States
Your RightsBased on the applicable law in the state where you live, you may have certain rights with respect to Personal Information about you. These include the right to request:
- what Personal Information we process about you and/or additional information about how we use and share that Personal Information;
- access to the Personal Information we have about you;
- deletion of the Personal Information we have about you;
- correction of the Personal Information we have about you in your account, if it is inaccurate or incomplete;
- that we stop processing certain Personal Information, such as for the sale of Personal Information, processing of Personal Information for targeted advertising, processing of Sensitive Information, or processing of Personal Information for profiling;
- that we restrict the processing of certain Personal Information, such as using or disclosing Sensitive Information for certain activities; and/or
- that we provide you with a copy of the Personal Information we have collected from you, in a structured, machine-readable, and commonly used format.
Right to Non-DiscriminationWe may not discriminate against you because you have exercised any of these rights, including by:
- denying you Services;
- charging different prices or rates for our Services, including through the use of discounts or other benefits or imposing penalties;
- providing you a different level or quality of Services; and/or
- suggesting that you will receive a different price or rate for Services, or at a different level or quality of Services.
How to Exercise Your Privacy RightsYou or your authorized agent may make a request to exercise any of your rights. You may also make a verifiable consumer request on behalf of your minor child if you believe we have received Personal Information about them inadvertently. You make a request by using this link or contacting us using the information in the Contact Us section below. Please note that, as permitted or required by applicable law, we may take steps to verify your identity and/or residency, and if you are submitting a request on someone else’s behalf we may also ask for proof of your authority to act on their behalf, before granting you access to Personal Information or otherwise acting on your request to exercise your rights. This might include asking for your email address. If you are requesting specific pieces of Personal Information that we have collected about you, you will also be required to email us at firstname.lastname@example.org a signed declaration under penalty of perjury that you are a resident of the state where you claim to reside and that you are the consumer whose Personal Information is the subject of the request. Note that we will not process your request to disclose specific pieces of Personal Information we have about you until we receive this signed declaration, and your request will not be considered timely submitted until we have this document in our possession. We may limit our response to your exercise of the above rights as permitted by law. We will confirm receipt of the request and/or respond to your request within the timeframes specified in applicable law based on where you live, or let you know if we need additional time. If we decline to act on any request you make, we will provide you with the information required by the applicable law where you live. This may include an explanation of why we declined your request, information on how to appeal our decision, and/or how to make a complaint to your state Attorney General.
Our Site, App, and Services are not directed at children under 18 years of age, and we do not knowingly collect or receive Personal Information from them or sell or share such information. If you believe that we have received Personal Information from or about a child under the age of 18, you may contact us using the information in the Contact Us section below to request deletion of that information.
If your use of our Services involves Personal Information from or about children (for example, to deliver items to children or create products that produce or include images of children), you are responsible for collecting consent from the child and/or child’s parent or legal guardian, as appropriate under applicable law.
We do not have actual knowledge that we sell or share the Personal Information of children under 16 years of age.
P.O. Box 190705
Boise, ID 83709