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Last Updated: March 8, 2021
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Privacy Notice
General

This Privacy Notice applies to information we collect when you use www.amerch.com and any other websites, mobile applications (“app(s)”), or services that post a link to this Privacy Notice (collectively, the “Service”). This Privacy Notice applies to Anderson Merchandisers, LLC, 5601 Granite Parkway, Suite 1400, Plano, TX 75024 and its affiliates, including (without limitations) Retail Execution East, LLC and Retail Execution West, LLC (“Anderson” or “Company” or “We” or “Us”) This Privacy Notice describes how Company collects, uses, and shares Service-related information about you. Except where expressly stated otherwise, this Privacy Notice does not apply to information or data collected about you as received outside of the Service except to the extent it is combined with information or data collected by us via the Service.

By using our Service, you agree to our Terms of Service and consent to our collection, use and disclosure practices, and other activities as described in this Privacy Notice.

California-Specific Disclosures

California applicants and employees, please see the additional disclosures below for more information about how we collect, use, and share your personal information and the rights you have with respect to your personal information.

Collection of Information

Information You Provide to Us

We collect information you provide directly to us via the Service, such as when you register, create an account profile, subscribe to our emails, mobile messages, push notifications, or social media notifications, post on our forums or blogs, participate in a sweepstakes, contest, promotion, survey, or poll, communicate with us, request customer support, apply for a job or otherwise communicate with us through the Service.

The types of information we may collect include Personal Information/Personal Data. "Personal Information/Personal Data" is information that can be used to identify you (whether alone or in combination), such as your first and last name, email address, zip code/post code, billing address, shipping address, phone number, user name and password, photo, and any other personally identifiable information you choose to provide. It also may include sensitive information, such as health and family information. As permitted by applicable law, unless otherwise provided in this Privacy Notice or in our statements at the point of collection, (i) non-Personal Information/ Personal Data (“non-personal information”) may be used and shared without obligation to you; and (ii) Personal Information/Personal Data may be de-identified or otherwise made into non-personal information. We may give you the opportunity to provide us with information about you, your family and your interests in your account profile and otherwise, which if not linked to your Personal Information/Personal Data would be non-personal information. However, to the extent we combine this with your Personal Information/Personal

Data collected via the Service, we will treat that combined data as Personal Information/Personal Data under this Privacy Notice. For information on how to change or update your application information and account profile, see the "Your Choices: Profile and Apps" section below.

Information We Collect Automatically

We and our service providers (defined below) may automatically collect certain information about you when you access or use our Service. This information, which may in some cases be considered Personal Information/Personal Data under applicable law, may include demographic information; IP address; browser/device/hardware type; operating system characteristics; information about your use of our Service; and data regarding network connected hardware (e.g., computer or mobile device), such as unique device identifiers, type, model, version, MAC address, device or session ID, error related data status, capability, confirmation, functionality, performance data, and connection type. This information may also include clickstream data, which is information about the page-by-page paths you take as you browse through the Service.

The methods that we and our service providers may use to automatically collect such information in connection with our Service include:

Log Information: Information about your use of our Service, such as the type of browser you use, access times, pages viewed, your IP address and the referring link through which you accessed our Service.

Information Collected by Cookies and Other Tracking Technologies: We and third parties may use cookies, web beacons (also known as "tracking pixels") and other currently now existing or hereafter developed tracking technologies (“Tracking Technologies”) to collect information about you when you interact with our Service or emails. Tracking Technologies you may encounter in connection with the Service include: Cookies. Cookies are data files that are placed on a computer when it is used to visit a website. These cookies may be used for many purposes, including, without limitation, tracking user preferences or web pages visited while using our Service. Most web browsers are set to accept cookies by default. For more information about disabling flash cookies, see http://www.adobe.com/products/flashplayer/security. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Service.

Web Beacons

Small graphic images called web beacons, also known as "Internet tags" or "clear gifs," in our web pages and email messages. We may use web beacons or similar technologies for a number of purposes, including, without limitation, to count the number of visitors to our Service, to monitor how users navigate the Service, and to count how many emails that we sent were actually opened or how many particular articles or links were actually viewed.

Embedded Scripts

An embedded script is programming code that is designed to collect information about your interactions with the Service. It is temporarily downloaded onto your computer from our web server or a third party with whom we work, is active only while you are connected to the Service, and is deleted or deactivated thereafter.

Location-identifying Technologies

GPS (global positioning systems) software, geo-filtering and other location-aware technologies locate (sometimes precisely) you, or make assumptions about your location, for purposes such as verifying your location and delivering or restricting content based on your location. If you have enabled GPS or use other location-based features on the Service, your device location may be tracked. Our store finder feature may access and use information about your device location (such as based on IP address), or your account information, to suggest appropriate store locations.

Device Recognition Technologies

Technologies, including application of statistical probability to data sets, as well as linking a common unique identifier to different device use, which attempt to recognize or make assumptions about users and devices (e.g., that a user of multiple devices is the same user or household)(“Cross-device Data”).

In-App Tracking Methods

There are a variety of Tracking Technologies that may be included in mobile applications, and these are not browser-based like cookies and cannot be controlled by browser settings. Some use device identifier, or other identifiers such as “Ad IDs” to associate app user activity to a particular app and to track user activity across apps and/or devices.


Information we automatically collect about you, such as how you interact with our Service, may be combined with your Personal Information/Personal Data. To the extent we associate any such automatically-collected information with Personal Information/Personal Data about you collected via the Service, we will treat the combined information as Personal Information/Personal Data under this Privacy Notice.


We and our service providers may associate Tracking Technologies with your device when you visit the Service that permits tracking of your online activities across time and different services, and associate different devices you use, for purposes including to send you product promotions that are aligned with your purchase trends and/or interests identified through automatically-collected information. See the "Advertising & Analytics Services and Online Tracking" and "Analytics, Advertising, Online Tracking and Your Choices" sections below for more information on use of Tracking Technologies and your choices regarding that. We are giving you notice of the Tracking Technologies and your choices regarding them so that your consent to encountering them is meaningfully informed.

Use of Information

We may use your Personal Information/Personal Data for various purposes, including to:

Facilitate and improve your online experience; Process your registration with our Service, including verifying that your email address(es) are active and valid; Respond to your comments, questions and requests and provide customer service;Send you technical notices, updates, security alerts and support and administrative messages; Improve our Service or other Company websites, mobile applications, marketing efforts, products and services; Carry out any other purpose to the extent not prohibited by applicable law and not inconsistent with our statements disclosed elsewhere in this Privacy Notice or at the time you provide your Personal Information/Personal Data; and in our sole discretion, we may also use aggregated and other non-personal information as permitted by applicable laws.

Sharing of Information

Our agents, vendors, consultants and other service providers (“service providers”) may have access to, or receive from us, your Personal Information/Personal Data, and other information about you, to carry out work on our behalf; however, we do not authorize our service providers to use your Personal Information/Personal Data for any purpose other than to provide this assistance.

In addition, we may share Personal Information/Personal Data about you as follows:

With our business partners, affiliates and other third parties for purposes of sending their own marketing unless you are a California applicant or employee and you opt out of this type of sharing as set forth in the additional disclosures below for California applicants and employees.

To the maximum extent permitted by applicable law, in response to i) subpoenas or other legal process or if in our good faith opinion such disclosure is required or permitted by law; or (ii) at the request of governmental authorities conducting an investigation; To defend the Terms of Service or other policies applicable to our Service; To protect the rights, property, life, health, security and safety of us or any third party; To the maximum extent permitted by applicable law, we may also use IP addresses, mobile device identifiers or any other information we collect to identify users, and may do so in cooperation with copyright owners, Internet service providers, wireless service providers or law enforcement agencies in our discretion. As permitted by applicable law, such disclosures may be carried out without notice to you; With our affiliates for their business purposes; In connection with, or during negotiations of, any proposed or actual merger, purchase, sale (including a liquidation, realization, foreclosure or repossession), lease, amalgamation or any other type of acquisition of all or any portion of Company assets, financing, disposal, conveyance or transfer of all or a portion of our business to another company; To Third Party Services that interact with our Service, in connection with such interactions; For other purposes to the extent not prohibited by applicable law and not inconsistent with our statements disclosed elsewhere in this Privacy Notice, or at the time you provide your Personal Information/Personal Data; and with your consent or at your direction.In our sole discretion, we may also share aggregated and other non-personal information as permitted by applicable law.


Information You Disclose Publicly or to Others

The Service may permit you to submit ideas, photographs, user profiles, writings, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or other content, including Personal Information/Personal Data (collectively, “User Content”), such as on blogs and forums, and in association with your account and user profile. We or others may store, display, reproduce, publish, distribute or otherwise use User Content online or offline in any media or format (currently existing or hereafter developed) and may or may not attribute it to you. Others may have access to this User Content and may have the ability to share it with third parties. Please think carefully before deciding what information you share, including Personal Information/Personal Data, in connection with your User Content. Please note that Company does not control who will have access to the information that you choose to make public, and cannot ensure that parties who have access to such publicly available information will respect your privacy or keep it secure. We are not responsible for the privacy or security of any information that you make publicly available on the Service or what others do with information you share with them on the Service. We are not responsible for the accuracy, use or misuse of any User Content that you disclose or receive from third parties through the Service.


Users Outside the United States

We are based in the United States and the information we collect is governed by U.S. law. If you are accessing the Service from outside of the United States, please be aware that information collected through the Service will be transferred to, and processed, and used in the United States. The data protection laws in the United States may be different from those of the country in which you are located. Your use of the Service or providing us with any information therefore constitutes your consent to the transfer to, and processing, usage, sharing and storage of your information, including Personal Information/Personal Data, in the United States as set forth in this Privacy Notice. We will take reasonable care to ensure that your data is treated fairly and lawfully.


Data Security

We take reasonable steps to have physical, electronic and procedural safeguards in place to help protect your Personal Information/Personal Data. This may include, in appropriate circumstances, use of Secure Socket Layer (SSL) encryption. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your Personal Information/Personal Data, we cannot guarantee or warrant the security of any information collected through our Service.


Changes to This Privacy Notice

We may change this Privacy Notice from time to time. If we make changes, we will notify you by revising the date at the top of this Privacy Notice, and in some cases, we may provide you with additional notice (such as adding a statement to the homepages of our Service). Any changes will be effective immediately upon posting of the revised Privacy Notice and your continued use of the Service indicates your consent to the Privacy Notice then posted. If you do not agree, discontinue use of the Service and uninstall Service downloads and apps. We will not treat your Personal Information/Personal Data collected under a prior Privacy Notice in a materially different manner without your consent. We encourage you to review the Privacy Notice whenever you interact with us to stay informed about our information practices and the ways you can help protect your privacy. To the extent any provision of this Privacy Notice is found by a competent tribunal to be invalid or unenforceable, such provision shall be severed to the extent necessary for the remainder to be valid and enforceable.


Contact Us

We are always interested in what you have to say. If you have any questions or concerns about this Privacy Notice, please feel free to contact us at:


Anderson Merchandisers, LLC

5601 Granit Parkway, Suite 1400

Plano, TX 75024, United States

(Attention: Human Resources)

privacy@amerch.com

We may not respond to all request or inquiries.

Have a question for our customer service team? Contact us.


Notice At Collection For California Applicants

Retail Execution West, LLC, an affiliate of Anderson Merchandisers, LLC (either or collectively referred to herein as the “Company) is providing you with this Notice At Collection For California Applicants (“Notice”) to inform you about: 

  1. the categories of Personal Information that the Company collects about applicants who reside in California; and
  2. the purposes for which the Company uses that Personal Information.
For purposes of this Notice,
  • “Personal Information” means information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a natural person that the Company collects about its applicants, who reside in California, in their capacity as applicants for positions with the Company.
Assistance For Disabled Applicants
Alternative formats of this Notice are available to individuals with a disability.  Please contact newhire@amerch.com for assistance.
  1. Identifiers And Professional Or Employment-Related Information
    1. Personal Information Collected: The Company collects identifiers and professional or employment-related information, including the following:
Identifiers: real name, nickname or alias, postal address, telephone number, e-mail address, signature, online identifier, and Internet Protocol address.
Professional or Employment-Related Information: evaluations, membership in professional organizations, professional certifications, and employment history.
    1. Purposes of Use:
Recruiting:
  • To evaluate applicants’ qualifications for employment with the Company
  • To communicate with applicants
  • For diversity and inclusion purposes
  • To arrange and manage Company-sponsored events
  • To create a talent pool for future job openings
  • For recordkeeping purposes
  • To demonstrate applicants’ agreement to, or acceptance of, documents presented to them, e.g., pre-employment arbitration agreement, acknowledgement of employment application, offer letter
  • To evaluate and improve the recruiting process
Monitoring, Security, And Compliance:
  • To monitor use of Company information systems and other electronic resources
  • To conduct internal audits
  • To conduct internal investigations
  • To protect the safety and security of the Company’s facilities
  • To report suspected criminal conduct to law enforcement and cooperate in investigations

  1. Personal Information Categories From Cal. Civ. Code §1798.80(e)
The Company collects categories of Personal Information listed in Cal. Civ. Code §1798.80(e) (other than those already listed in “Identifiers,” above) as follows for the purposes listed below:
  • Photograph: for security and internal identification purposes.
  • Medical information:  (a) for occupational health surveillance; (b) for occupational health and safety compliance and record-keeping; and (c) to respond to an applicant’s medical emergency.
  1. Characteristics Of Protected Classifications Under California Or Federal Law
The Company collects information about race, age, national origin, disability, sex, and veteran status as necessary to comply with legal obligations, including the reporting requirements of the federal Equal Employment Opportunity Act, and California’s Fair Employment and Housing Act, and for purposes of diversity analytics. 
The Company also uses this Personal Information for purposes including: (a) with respect to disability and/or medical condition, as necessary, to comply with Federal and California law related to accommodation; and (b) with respect to age, incidentally to the use of birth date for identity verification.
The Company collects this category of Personal Information on a purely voluntary basis, except where collection is required by law, and uses the information only in compliance with applicable laws and regulations.
  1. Commercial Information
    1. Personal Information Collected: The Company collects commercial information, including the following: records of personal property; products or services purchased, obtained, or considered; or other purchasing or consuming histories or tendencies.
    2. Purposes of Use: reimbursement of travel expenses.
 
  1. Internet Or Other Similar Network Activity
    1. Personal Information Collected: The Company collects information about applicants’ use of the Internet or other similar network activity, including the following: browsing history, search history, log in/out and activity on the Company's electronic resources, information regarding an applicant's interaction with an Internet web site, application, or advertisement, and publicly available social media activity.
    2. Purposes of Use: to monitor use of the Company's information systems and other electronic resources or information systems, to conduct internal audits, to conduct internal investigations, to protect the safety and security of the Company’s facilities, and to impose discipline.
  2. Sensory Or Surveillance Data
    1. Personal Information Collected: The Company collects sensory or surveillance data, including the following: audio/visual recordings of interviews and footage from video surveillance cameras.
    2. Purposes of Use: to protect the safety and security of the Company’s facilities and personnel through video surveillance, to evaluate the applicant’s suitability for employment, to monitor compliance with Company policies, and to provide training.
  3. Education Information
    1. Personal Information Collected: The Company collects education information, including the following: academic transcripts, educational discipline records, and academic counseling records.
    2. Purposes of Use: to evaluate applicants’ qualifications for employment with the Company and to conduct a pre-employment background check.
Purposes Potentially Applicable To Any Of The Categories Of Personal Information Listed Above
The Company also may use applicants’ Personal Information to facilitate administrative functions and information technology operations and for legal reasons and corporate transactions. These functions include, but are not limited to the following:
  • to manage and operate information technology and communications systems, risk management and insurance functions, budgeting, financial management and reporting, strategic planning;
  • to manage litigation involving the Company, and other legal disputes and inquiries and to meet legal and regulatory requirements;
  • in connection with a corporate transaction, sale, or assignment of assets, merger, divestiture, or other changes of control or financial status of the Company or any of its subsidiaries or affiliates; and
  • to manage licenses, permits and authorizations applicable to the Company's business operations.


Notice At Collection For California Employees

Retail Execution West, LLC, an affiliate of Anderson Merchandisers, LLC (either or collectively referred to herein as the “Company”) is providing you with this Notice At Collection For California Employees (“Notice”) to inform you about: 

  1. The categories of Personal Information that the Company collects about employees who reside in California; and
  2. The purposes for which the Company uses that Personal Information.
For purposes of this Notice,

“Personal Information” means information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a natural person that the Company collects about its employees, who reside in California, in their capacity as the Company’s employees.

Assistance For Disabled Employees

Alternative formats of this Notice are available to individuals with a disability.  Please contact newhire@amerch.com for assistance


 1. Identifiers And Professional Or Employment-Related Information
  1. Personal Information Collected: The Company collects identifiers and professional or employment-related information, including the following:
Identifiers: real name, nickname or alias, postal address, telephone number, e-mail address, Social Security number, signature, online identifier, Internet Protocol address, bank account name and number for direct deposits, driver’s license number or state identification card number, or passport number.

Professional or Employment-Related Information: compensation, bonuses, benefits, attendance, evaluations, performance reviews, discipline, personnel files, expenses, education, corporate credit card details, membership in professional organizations, professional certifications, work eligibility in order to comply with legal requirements, and current and past employment history.

    2.  Purposes of Use:

Managing Personnel:
  • To manage personnel and employment matters
  • To set up a personnel file
  • To administer compensation, bonuses, equity grants, other forms of compensation, and benefits (as permitted by law)
  • To manage vacation, sick leave, and other leaves of absence
  • To provide training
  • To evaluate job performance and consider employees for other internal positions
  • To develop a talent pool and plan for succession
  • Career development activities
  • For diversity and inclusion programs
  • To conduct employee surveys
  • To engage in crisis management
  • To fulfill recordkeeping and reporting responsibilities
  • To maintain an internal employee directory and for purposes of identification
  • To facilitate communication, interaction and collaboration among employees
  • To arrange team-building and other morale-related activities
  • To manage employee-related emergencies, including health emergencies
  • To promote the Company as a place to work
  • To arrange and manage Company-sponsored events and public service activities
  • Workforce reporting and data analytics/trend analysis
  • To design employee retention programs
Monitoring, Security, And Compliance:
  • To monitor use of Company information systems and other electronic resources
  • To conduct internal audits
  • To conduct internal investigations
  • To protect the safety and security of the Company’s facilities
  • To report suspected criminal conduct to law enforcement and cooperate in investigations
Conducting Our Business:
  • For communications with prospective, current, and former customers
  • To make business travel arrangements
  • To engage in project management
  • To manage business expenses and reimbursements
  • To promote the business
  • To provide a directory and contact information for prospective and current customers and business partners
 
  1. Personal Information Categories From Cal. Civ. Code § 1798.80(e)
The Company collects categories of Personal Information listed in Cal. Civ. Code §1798.80(e) (other than those already listed in “Identifiers,” above) as follows for the purposes listed below:
      1.  Photograph and physical description: (a) for security and internal identification purposes, and (b) to identify employees to co-workers, prospective and current customers, and other third parties;
      2.  Medical information:  (a) to the extent necessary to comply with the Company’s legal obligations, such as to accommodate disabilities; (b) to conduct a direct threat analysis in accordance with the Americans with Disabilities Act and state law; (c) for workers’ compensation purposes; (d) for occupational health surveillance; (e) for occupational health and safety compliance and record-keeping; (f) to administer leaves of absence and sick time; (h) to respond to an employee’s medical emergency
Benefits information:  to administer short- and long-term disability benefits, if applicable.
  1. Characteristics Of Protected Classifications Under California Or Federal Law
The Company collects information about race, age, national origin, disability, sex, and veteran status as necessary to comply with legal obligations, including the reporting requirements of the federal Equal Employment Opportunity Act, and California’s Fair Employment and Housing Act.  The Company also collects information about disability status to the extent an employee may need special assistance during emergencies from the Company or from first responders.
The Company also collects the following characteristics (in addition to those listed above) for its diversity and inclusion programs (including analytics):  (a) religion, (b) sex, (c) gender, (d) pregnancy, (e) childbirth, (f) breastfeeding, or related medical conditions, (g) sexual orientation, (h) disability, (i) gender identity, (j) gender expression, (k) marital status, (l) age, (m) familial status, or (n) ancestry.
The Company also uses this Personal Information for purposes including: with respect to disability, medical condition, familial status, marital status, and pregnancy, childbirth, breastfeeding, and related medical conditions, as necessary to comply with Federal and California law related to leaves of absence and accommodation; with respect to military and veteran status, as necessary to comply with leave requirements under applicable law and for tax purposes; with respect to age, incidentally to the use of birth date for birthday celebrations and identity verification; with respect to religion and pregnancy, childbirth, breastfeeding, and related medical conditions, as necessary for accommodations under applicable law; with respect to protected classifications, such as national origin, to the extent this information is contained in documents that you provide in I-9 documentation; and with respect to marital status and familial status, for Company events and as necessary to provide benefits and for tax purposes.
The Company collects this category of Personal Information on a purely voluntary basis, except where required by law, and uses the information only in compliance with applicable laws and regulations.

  1. Commercial Information
    1. Personal Information Collected: The Company collects commercial information including the following: records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
    2. Purposes of Use: reimbursement of business expenses, auditing, data security, preventing illicit activity, providing services, research and development, error prevention, quality assurance and improvement, product and service training, order fulfillment, and marketing/advertising.
 
  1. Internet Or Other Similar Network Activity
    1. Personal Information Collected: The Company collects information about employees' use of the Internet or other similar network activity, including the following: browsing history, search history, log in/out and activity on the Company's electronic resources, and information regarding an employee's interaction with an Internet web site, application, or advertisement, and publicly available social media activity.
    2. Purposes of Use: to monitor use of the Company's information systems and other electronic resources or information systems, to conduct internal audits, to conduct internal investigations, to protect the safety and security of the Company’s facilities, and to impose discipline.
  2. Geolocation Data
    1. Personal Information Collected: The Company collects geolocation data, including the following: (a) information that can be used to determine a mobile device’s physical location; (b) information that can be used to determine a vehicle’s physical location; and (c) information that can be used to determine an employee’s physical location, for example, through a radio frequency identification (RFID) chip in a security badge.
    2. Purposes of Use: to assist with routing, to confirm that an employee has arrived and left an off-site work location when scheduled, for customer service purposes, to provide training, to manage employee-related emergencies, to monitor the safety of an employee, to monitor compliance with Company policies, and to determine whether to discipline employees.
  3. Sensory Or Surveillance Data
    1. Personal Information Collected: The Company collects sensory or surveillance data, including the following: recordings of customer service telephone calls and footage from video surveillance cameras.
    2. Purposes of Use: to protect the safety and security of the Company’s and other facilities and personnel through video surveillance, to monitor compliance with Company policies, to provide training, for quality assurance, and to determine whether to discipline employees.
  4. Education Information
    1. Personal Information Collected: The Company collects education information, including the following: academic transcripts.
    2. Purposes of Use: to determine suitability for internal roles and promotions.

Purposes Potentially Applicable To Any Of The Categories Of Personal Information Listed Above
The Company also may use employees’ Personal Information to facilitate administrative functions and information technology operations and for legal reasons and corporate transactions. These functions include, but are not limited to the following:

  • to manage and operate information technology and communications systems, risk management and insurance functions, budgeting, financial management and reporting, strategic planning;
  • to manage litigation involving the Company, and other legal disputes and inquiries and to meet legal and regulatory requirements;
  • in connection with a corporate transaction, sale, or assignment of assets, merger, divestiture, or other changes of control or financial status of the Company or any of its subsidiaries or affiliates; and
  • to manage licenses, permits and authorizations applicable to the Company’s business operations.
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