"DivideItUp: Section Dividers" ("the App") provided by "FractalApps" team ("the Company") provides the "DivideItUp: Section Dividers" app service ("the Service") to the shop owner ("the Shop Owner").
This page ("Terms", "Agreement") informs you about terms of service and of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data.
Application of discounts
The App automatically applies discounts on products based on configuration of the App. The discount values are calculated proportionally for each product and the total discount value may differ because the discounted price of each product has to be rounded. The Shop Owner should check and validate application of any discounts before accepting the user's order. In case the App fails to apply the specified discounts, the Shop Owner should decide whether to accept or reject the specific order. The Company takes no responsibility or liability for wrong application of any discounts or any potential loss of revenue.
- The app only processes personal data based on instructions from the controller (Shop Owner), which is a requirement from GDPR.
- The data processor does NOT opportunistically use or mine personal data it is entrusted with for purposes not outlined by the data controller.
- Upon request, the Company will delete or return all personal data to the controller.
- The Company takes reasonable steps to secure data.
- The consent for the usage of the data should be gathered by Shopify or by the Shop Owner. The controller (the Shop Owner) should only instruct the processing of data which one has consent for. The Company is not responsible for any unlawful usage of personal data. The Shop Owner is responsible for all usage of personal information and other data within the App and the Service.
- If you have any questions about the compliance, you can contact our data protection officer at [email protected]
Information Access And Use
We access several different types of information for various purposes to provide and improve our Service to you.
Types of Data Accessed
When you install the App, we are automatically able to access certain types of information about your Shopify account:
- Email address
- Your name
- Phone number
We may also collect information how the Service is accessed and used ("Usage Data"). This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
Tracking & Cookies Data
Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Examples of Cookies we use:
- Session Cookies. We use Session Cookies to operate our Service.
- Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
- Security Cookies. We use Security Cookies for security purposes.
Use of Data
The Company uses the collected and accessed data for various purposes:
- To provide and maintain the Service
- To notify you about changes to our Service
- To allow you to participate in interactive features of our Service when you choose to do so
- To provide customer care and support
- To provide analysis or valuable information so that we can improve the Service
- To monitor the usage of the Service
- To detect, prevent and address technical issues
Usage of data in Service
The protection of data which can be displayed through the App and/or the Service is a responsibility of the Shop Owner, as one can decide which data should one show in their websites. The Shop Owner is fully responsible for protecting the data of his or her users. The Shop Owner has to ensure that the user data is only used in a way for which users gave their consent. The Shop Owner is responsible for getting user's consent and for the correct usage of their data. The Company takes no responsibility or liability for any unlawful usage of users personal data and any unlawful usage of the App and the Service.
Replacement of tags with data in Service
The Service and the App are designed to automatically replace tags in the notifications with the corresponding data. However, it can happen that the data was not provided correctly to the Service and the App causing the Service and/or the App to replace tags with wrong data. The Company is not responsible for this kind of behavior, as the data should be provided to the Service and the App correctly. The Shop Owner is solely responsible for all issues which might arise from this kind of wrongfully supplied data.
When using the App, you agree that your data may be transferred and stored in Canada and United States of America. This applies for Shopify account data and for any data which is necessary for the app to function.
Disclosure Of Data
The Company may disclose your Personal Data in the good faith belief that such action is necessary to:
- To comply with a legal obligation
- To protect and defend the rights or property of the Company
- To prevent or investigate possible wrongdoing in connection with the Service
- To protect the personal safety of users of the Service or the public
- To protect against legal liability
Security Of Data
The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
We may employ third party companies and individuals to facilitate our Service ("Service Providers"), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.
We may use third-party Service Providers to monitor and analyze the use of our Service.
Links To Other Sites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Our Service does not address anyone under the age of 18 ("Children").
We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
User generated content
The Shop Owner is the only one legally responsible for any user generated content which is displaying on one's site through the App. Shop owner must have all necessary permissions to use and/or display user's data, user's content, any kind of thrid party images and everything else. The Company is not liable for any issues which might arise from unlawful usage of any content which was provided by the Shop Owner or by the shop itself.
The Shop Owner is the only one legally responsible for all usage of the App, the Service, the relation with the Company, user content, personal data of Shop Owner's customers, personal data of any other subjects and any legal issues which might arise from the usage of the Service, the App and the relation with the Company. The Company takes no responsibility or liability for any unlawful usage of users personal data and any unlawful usage of the App and the Service.
Limitation of Liability
THIS SECTION LIMITS OUR LIABILITY TO YOU. PLEASE READ IT CAREFULLY.
To the maximum extent permitted by law, under no circumstances shall you be entitled to recover any special, incidental, consequential or indirect damages from the Company, which you may suffer arising out of, caused by, or in connection with, the use, or inability to use, the Services, any inaccuracy, incompleteness or incorrectness contained in the materials displayed, accessed or used as part of the Services, or your reliance or acting upon the materials used as part of the Services, including any loss or damages in the nature of or relating to lost business, lost savings, lost data and/or profits, regardless of the cause and whether arising in contract, tort, in equity, at law or otherwise, and whether or not the Company has or had been advised of the possibility of such losses or damages. Unless otherwise agreed to by you and the Company in writing, under no circumstances shall the liability of the Company and its Others to you, for damages or losses suffered by you arising out of, related to or caused by, the Services, or the use thereof, exceed a maximum equal to the amount actually paid by you for the Services in the twelve (12) months’ period preceding such losses or damages. You acknowledge and agree that the payments paid by you for the Services reflect the allocation of risk set forth in this Agreement and that the Company would not enter into this Agreement without these limitations on liability.
You agree to release, remise and acquit the Company and its Others from any claims, actions, demands, costs and expenses of any kind whatsoever, whether in contract, negligence or tort, at law or in equity, or by statute or otherwise, howsoever caused, with respect to your use of, or our operation of, the Services, except as may be set out in the preceding paragraph.
Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the App and/or the Service you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the App and/or the Service.
You are advised to review this document periodically for any changes. Changes to this document are effective when they are posted on this page.
- By email: [email protected]
Last updated on January 2, 2022