Privacy Policy

Date of Last Revision: April 17, 2020

BigCommerce wants to help you better understand how we collect, use, protect, and share your personal data. This Privacy Policy is designed to help you understand your privacy choices when you visit our site, use our mobile app or any of our services. It does not apply to other websites or services that we do not control, including websites or services of other BigCommerce users.

This Privacy Policy is incorporated into, and forms an integral part of, the BigCommerce Terms of Service. Capitalized terms have the meanings ascribed them in the Definitions section or our Terms of Service. Please note that our services may vary by region.

We encourage you to read this Privacy Policy carefully and take the time to get to know our practices. If you have questions about this Privacy Policy or our privacy practices, please contact us at privacy@bigCommerce.com.


  1. Privacy Shield. BigCommerce complies with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union, United Kingdom, and Switzerland to the United States. BigCommerce has certified to the Department of Commerce that it adheres to the Privacy Shield Principles and will do so with respect to transfers of Personal Data from the United Kingdom to the United States. If there is any conflict between the terms in this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit the U.S. Department of Commerce site at https://www.privacyshield.gov/.
    BigCommerce is responsible for all onward transfers of Personal Data to third parties in accordance with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework.


  2. Definitions.
    1. Information Types.
      • Account Information” means data about how and when a BigCommerce account is accessed and the features used.
      • Browser Information” means provided by a browser, including the IP address, the website visited, network connection, device information, and other data, including Cookies.
      • Contact Information” means basic personal and business information, such as first and last name, company name, email address, postal address, phone number, and may include social media account information.
      • Device Information” means information about your device, such as device ID number, model, and manufacturer, version of your operating system and geographical region, collected from any devices when accessing our website, using the Mobile App, or any of our services.
      • Payment Information” means, for example, credit card, ACH or other payment information.
      • Security Information” means user ID, password and password hints, and other security information used for authentication and account access.
      • Support Information” includes hardware, software, authentication data, chat session contents, error reports, performance data, and other communication or technical information and may, with express permission, include remote access to facilitate troubleshooting.
      • Usage Information" means information collected when you interact with the BigCommerce website, mobile application or any of our services, including functionalities accessed, pages visited, and other interaction data.
      • Transaction Information” means the data related to transactions that occur on our platform, including product, order, shipping information, Contact Information, and Payment Information.
    2. Automated Decision Making” means a decision made solely by automated means without human involvement.
    3. Controller” means an entity that determines the purposes and means of the Processing of Personal Data.
    4. Cookie” a small file that resides on your computer’s hard drive that often contains an anonymous unique identifier that is accessible by the website that placed it there, but is not accessible by other sites.
    5. Merchant” means an entity that has used or is using the services for ecommerce.
    6. Mobile App” means the BigCommerce Mobile Application available through third-party app stores for mobile devices.
    7. Partner” means a separate legal entity that is a participant in our Agency Partner Program, our Technology Partner Program or other third-party technology integration with the BigCommerce platform, a theme designer, reseller, or referrer of the services.
    8. Personal Data” or “Personal Information” means information that (i) relates to an identified or identifiable natural person, or (ii) identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household..
    9. Processing” means any operation or set of operations which is performed upon Personal Data, whether or not by automatic means, including, but not limited to, alteration, collection, organization, recording, retrieval, storage, transmission, and use.
    10. Processor” means the entity which processes Personal Data on behalf of the Controller
    11. Sensitive Personal Data” means any data that reveals racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data for the purpose of uniquely identifying a natural person, or data concerning health or a natural person’s sex life and/or sexual orientation.
    12. Shopper” means an entity or natural person that interacts with the ecommerce offering of a Merchant through the BigCommerce platform.

  3. Merchants.
    1. Merchant Policies. Merchants should help Shoppers understand how the Merchant, BigCommerce and relevant third parties collect and process Shoppers’ Personal Data. To that end, Merchants must:
      • post an accurate privacy policy on their storefront that complies with all applicable laws and regulations;
      • process Personal Data in accordance with applicable laws and, to the extent required under such laws, provide notice to and obtain informed consent from Shoppers for the use and access of their Personal Data by BigCommerce and other third parties; and
      • if the Merchant is collecting any Sensitive Personal Data from Shoppers, obtain affirmative, explicit, and informed consent and allow such Shoppers to revoke their consent to the use and access of Sensitive Personal Data at any time.
    2. Information Collected.
      • When a Merchant interacts with our Website, for example, by signing up for a trial, a subscription, or a newsletter, or performing transactions, BigCommerce may collect and control information such as Account Information, Browser Information, Contact Information, Payment Information, Support Information, Device Information, Security Information, Usage Information and set a Cookie.
      • When a Merchant interacts with our Mobile App, BigCommerce may collect and control information such as Account Information, Contact Information, Device Information, Usage Information and Security Information.
    3. Information Usage. We use this information as a Controller to provide Merchants with our services, confirm identities, provide support such as debugging, troubleshooting, automated decision making such as the detection of fraudulent account creation when signing up for our service, for advertising and marketing, invoicing, to resolve incidents related to the use of our Website and services, to improve and personalize our services, such as push notifications regarding your store activities, and to comply with legal requirements. We may use this information in other cases where the Merchant has given express consent.


  4. Partners.
    1. Information Collected. When a Partner signs up for a partner account or signs up a Merchant for our services, BigCommerce may collect and control information such as Account Information, Browser Information, Contact Information, Payment Information, Support Information, Security Information, and Usage Information.
    2. Information Usage. We use this information as a Controller to provide Partners with our services, confirm identities, provide support, for advertising and marketing, invoicing, to resolve incidents related to the use of our Website and services, to improve and personalize our services, and to comply with legal requirements. We may use this information in other cases where the Partner has given express consent.

  5. Shoppers.
    1. Information Collected. When Shoppers interact with a Merchant’s ecommerce offering through the BigCommerce platform, we may collect and process Browser Information and Transaction Information of the Shopper on behalf of the Merchant.
    2. Information Usage. We use this information as a Processor to provide our services to Merchants, support and process orders, and manage risk and fraud. The Merchant is the Controller of this information and Shoppers who have questions about our use of this information should contact the Merchant. We may also use certain information as a Controller to improve and personalize our services, and manage risk and fraud.  

  6. Visitors.
    1. Information Collected. When visitors browse our Website, or engage in communications with us online or offline, we may collect and control, as applicable, Browser Information, Support Information, Contact Information, and Usage Information submitted or communicated to us.
    2. Information Usage. We use this information as a Controller to provide our services, and improve and personalize communications, interactions, our services, and provide support if needed. We may use this information in other cases where the Visitor has given express consent.

  7. Legal Basis for Processing (EEA visitors only).
    1. Lawful Basis. We generally collect personal data from you only where (i) we need the personal information to perform a contract with you, (ii) the processing is in our legitimate interests and not overridden by your rights, or (iii) we have your consent to do so.  In some cases, we may also have a legal obligation to collect personal information from you or may otherwise need the personal information to protect your vital interests or those of another person.
    2. Notice. If we ask you to provide personal information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not, as well as of the possible consequences if you do not provide your personal information. 
    3. Legitimate Interest. If we collect and use your personal information in reliance on our legitimate interests (or those of any third party), we will make clear to you at the relevant time what those legitimate interests are. For instance, we may rely on our legitimate interests when responding to your queries, improving and personalizing our platform, undertaking marketing, or for the purposes of detecting or preventing illegal activities (e.g. checking your identity, fraud prevention).
    4. Questions. If you have questions about or need further information concerning the legal basis on which we collect and use your personal information, please contact us using the contact details provided below.

  8. Communications.
    1. Promotional. We may send promotional communications to existing and prospective Merchants, Partners, and visitors by email, phone, and other channels, such as LinkedIn. For example, we may notify a Merchant when a subscription is ending, or invite the recipient to participate in a survey. You can opt-out of receiving promotional communications from us at any time. For information about managing email subscriptions and promotional communications, please go to our email preferences page.
    2. Account. We send certain required communications, such as account notices or information, to users of our services. You may not opt out of receiving these communications if you have an active storefront.

  9. Information Sharing.
    Our services are possible because of a variety of third parties and service providers. Sometimes it is necessary to share Merchant, Partner, or Shopper Personal Data with them to support our services. We may access, transfer, disclose, and/or retain that Personal Data with consent or in the following circumstances.
    1. Compliance. If we have a good faith belief that doing so is necessary to: (i) comply with applicable law or respond to valid legal process, including from law enforcement or other government agencies; or (ii) protect the rights or property of BigCommerce, including enforcing the terms governing the use of the services.
    2. Protection. If we have a good faith belief that doing so is necessary to: (i) protect Merchants, Partners, Shoppers, or visitors; for example, to prevent spam or attempts to defraud us or users of our services, or in response to threats of safety of any person; or (ii) operate and maintain the security of our products, including to prevent or stop an attack on our computer systems or networks.
    3. Affiliates. We share Personal Data among BigCommerce-controlled affiliates and subsidiaries for the purposes described in this Privacy Policy.
    4. Service Providers. BigCommerce may use from time to time a limited number of third-party service providers, data processors, contractors, and other businesses to assist us in providing our services for the purposes described in this Privacy Policy.
    5. SDKs and APIs. BigCommerce may include third-party libraries such as Software Development Kits (SDKs) or Application Interfaces (APIs) within our applications (including the Mobile App) for the purposes described in this Privacy Policy, including the following:
      • Functional SDKs: these are software libraries we use to enhance the end user experience and functionality within the application, such as graphics and display of images within the app, and in-app notifications according to preferences.
      • Analytics SDKs: these are external third-party sub processors’ libraries we use in collecting device and usage data for application performance monitoring.
    6. Payment Processing. We share payment data with banks and other entities that process payment transactions or provide other financial services, and for fraud prevention and credit risk reduction.
    7. Apps. Upon receiving a Merchant’s consent to install an application, we will share the Merchant’s Contact Information and other information requested by the app with the app Partner.
    8. Merger; Sale. We may also disclose Personal Data as part of a corporate transaction such as a merger or sale of assets.

  10. Automated Decision-Making.
    Some Personal Data may be used in Automated Decision Making to help us screen accounts for risk, fraud, or abuse concerns. You can object to profiling, including profiling for marketing purposes, or contest or dispute such decisions by contacting us here. Subject to applicable law, we can provide you with details underlying the automated decision-making review and rectification of any inaccuracies.

  11. Cookies.
    1. Usage. BigCommerce and its third-party service providers use cookies, web beacons, and similar tracking technologies to recognize you when you visit our website, remember your preferences, and give you a personalized experience. When you visit our websites, we, or an authorized third party, may place a cookie on your device that collects information, including Personal Data, about your online activities over time and across different sites. Cookies allow us to track use, infer browsing preferences, and improve and customize your browsing experience.
    2. Persistence. We use both session-based and persistent cookies on our websites. Persistent cookies remain on your computer when you have gone offline, while session cookies are deleted as soon as you close your web browser. A website may set a cookie if the browser’s preferences allow it. A browser only permits a website to access the cookies that it has set, not those set by other websites. 
    3. Types.
      •  Essential. These cookies are necessary for our website to work as intended. 
      •  Functional. These cookies enable enhanced functionality, like videos and live chat. Without these cookies, certain functions may become unavailable.
      •  Analytics. These cookies provide statistical information on site usage. For example, these cookies enable web analytics that allow us to improve our website over time. 
      •  Targeting and Advertising. These cookies are used to create profiles or personalize content to enhance your experience. 
    4. Control. It is possible to disable cookies through your device or browser settings, but doing so may affect your ability to use our website. For instance, we may not be able to recognize your computer or mobile device and you may need to log in every time you visit our website. The method for disabling cookies may vary by device and browser, but can usually be found in preferences or security settings. Please use the following links for further instructions: 
    5. Other Resources. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit allaboutcookies.org, or aboutcookies.org. 

  12. Third Party Application Stores: Third party application stores, such as Apple’s App Store or Google’s Google Play, might collect additional information and share them with us. Please refer to the application store’s Privacy Policy to better understand how they process any of the personal information they collect and share with app publishers like ourselves. 

  13. Information Protection.
    1. We maintain administrative, technical, and physical security measures designed to provide reasonable protection for Personal Data against unauthorized access, disclosure, alteration, loss, and misuse. These security measures include access controls, encryption, and firewalls. We are certified as a PCI DSS Level 1 compliant service provider, which is the highest level of compliance available, and our platform is audited annually by independent third-party qualified security assessors against the ISO 27001 security standard. Unfortunately, no method of Internet use, data transmission, or electronic storage is completely secure, so we cannot guarantee the absolute security of Personal Data.
    2. While we are dedicated to securing our Website and services, you are responsible for securing and maintaining the privacy of your passwords and account information. We are not responsible for protecting Personal Data shared with a third-party based on an account connection that you have authorized. 

  14. Accountability and Safeguards for Onward Transfer.
    1. Privacy Shield. We provide services around the world. To provide our services, it may be necessary to transmit Personal Data outside of the country, state, or province where the data was received. As a participant in the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework, we are subject to the regulatory and enforcement powers of the U.S. Federal Trade Commission.
    2. Standard Contractual Clauses. For third-country transfer outside the EU/EEA we also use the Standard Contractual Clauses adopted by the EU Commission as an adequate level of protection.
    3. Data Processors. We will only share or disclose Personal Data to the Processors identified here, which are contractually obligated to provide at least the same level of privacy protection required by the principles underlying the Privacy Shield. Furthermore, we will obligate any Processor to the specified, explicit and legitimate purposes consistent with your consent.
    4. Remedial Measures. If we learn Personal Data is not protected according to our contract, or is being processed beyond your consent, we will take reasonable steps to protect your information and/or cease its illegitimate processing. 

  15. Data Subject's Rights.
    1. Generally. You can exercise rights over your Personal Data against the Controller. We provide reasonable steps to allow you to access, rectify, erase, port, or restrict the use of your Personal Data. You have the right to object to the use of your personal data at any time, subject to applicable law. When collection is based on your consent, you have the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal by applicable law. If applicable by national law, you have the right to lodge a complaint with a supervisory authority if you believe that the processing of your personal data relating infringes your rights.
    2. Merchants, Partners, and Visitors. Merchants and Partners are able to update many types of collected Personal Data directly within their accounts. Please contact us if you are a Visitor or otherwise unable to access or otherwise change your Personal Data within your account.
    3. Shoppers. We serve as a Processor for Merchants. Shoppers may also wish to contact Merchants directly regarding their Personal Data. We can forward Shopper requests for access or deletion to Merchants, but we are unable to delete Merchant data. Requests for deletion of Personal Data may adversely affect our ability to serve you. 
  16. Contact Information; Enforcement; Recourse. In compliance with the Privacy Shield Principles, BigCommerce commits to resolve complaints about our collection or use of your personal information. EU and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact BigCommerce at:
     

    privacy@bigCommerce.com or the Controller:

    or

    BigCommerce, Inc.
    11305 Four Points
    Austin, TX 78726
    Attention: General Counsel


    or our Article 27 EU Representative:

    BigCommerce Software Ireland Ltd. 
    32 Merrion Street Upper
    Dublin 2
    D02KW80, Ireland 


    BigCommerce will respond to any such inquiries or complaints without undue delay and in accordance with applicable law. If BigCommerce fails to respond or its response is insufficient or does not address the concern, BigCommerce has registered with the Association of National Advertisers (ANA) to provide independent third party dispute resolution at no cost to the complaining party. To contact ANA and/or learn more about the company’s dispute resolution services, including instructions for submitting a complaint, please visit https://thedma.org/resources/c.... Complaining parties may also, in absence of a resolution by BigCommerce and ANA, seek to engage in binding arbitration through the Privacy Shield Panel.

    ANA Contact Information:

    ANA
    Attn: Privacy Shield
    225 Reinekers Lane, Suite 325
    Alexandria, Virginia 22314

    BigCommerce also commits to periodically reviewing and verifying the accuracy of this Privacy Policy and the company’s compliance with the Privacy Shield Principles, and remedying issues identified. All employees of BigCommerce that have access to Personal Data covered by this Privacy Policy are responsible for conducting themselves in accordance with this Privacy Policy. Failure of a BigCommerce employee to comply with this Privacy Policy may result in disciplinary action. BigCommerce is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC). 

  17. Updates. We may update this Privacy Policy from time to time in response to changing legal, technical or business developments. When we update our Privacy Policy, we will take appropriate measures to inform you, consistent with the significance of the changes we make. We will obtain your consent to any material Privacy Policy changes if and where this is required by applicable data protection laws. You can see when this Privacy Policy was last updated by checking the “Date of Last Revision” date displayed at the top of this Privacy Policy.


  18. California Consumer Privacy Act. 
    1. CCPA Rights. The California Consumer Privacy Act (the “CCPA”) provides certain rights to consumers, including the following:
      • Right to Know: You have the right to request that we disclose to you the Personal Information we collect, use, or disclose, and information about our data practices.
      • Right to Request Deletion: You have the right to request that we delete your Personal Information that we have collected from you.
      • Right to Non-Discrimination: We will not discriminate against you for exercising any of these rights.

        These rights are not absolute, and there may be cases when we decline your request as permitted by law. 

        If you are a California resident and a Merchant, Partner or Visitor, we only collect and process Personal Information about you as a result of your business dealings with us. This means that the consumer rights under the CCPA do not apply to you. If you are a California resident and a Shopper, BigCommerce only processes your personal information as a service provider acting on behalf of a Merchant. You should contact the Merchant to exercise any rights under the CCPA. 
    2. Disclosures. BigCommerce does not sell Personal Information.  We share Personal Information with authorized service providers or business partners who have agreed to our contractual limitations as to their retention, use, and disclosure of such Personal Information. We also share Personal Information if you use our services to interact with third parties or direct us to disclose your Personal Information to third parties.
    3. Information Collected. We collect the following types of information from you, your device(s), or from third parties:
      •  identifiers, such as Browser Information, Device Information, and Security Information;
      •  commercial information, such as Account Information, Contact Information, Transaction Information, and Usage Information;
      •  internet or network information, such as Browser Information and Device Information;
      •  geolocation data, such as Browser Information and Device Information;
      •  financial information, such as Payment Information;
      •  other Personal Information, such as Support Information; and
      •  information derived from other categories, which could include your preferences, interests, and other information used to personalize your experience.

        We may disclose this Personal Information for the business purposes described in this privacy policy, such as disclosures to service providers that assist us with securing our services or marketing our products.
    4. Right to Know; Deletions. To exercise your “right to know” or your “right to request deletion,” contact us here. To protect your Personal Information, we will verify your identity by a method appropriate to the type of request you are making. We may also request that your authorized agent have written permission from you to make requests on your behalf, and we may also need to verify your authorized agent's identity to protect your Personal Information.