Privacy Policy

Effective February 20, 2019

 
Jagged Peak, Inc. (“Jagged Peak”, “we”, “us” or “our”) respects the privacy of our visitors or users (“you”); as a result, we have developed this privacy policy (“Privacy Policy”).   This Privacy Policy is expressly incorporated into the Terms of Use of our website.
 
Your privacy is very important to us.  This Privacy Policy tells you about: the personal information Jagged Peak collects through our website, www.jaggedpeak.com, (the “Site”), e-mail, text or other electronic messages between you and the Site; certain services available on our Site; how we collect, use and share that personal information; and how you can choose to opt out of some of these practices and correct or change such information.

 
This Privacy Policy also includes Jagged Peak’s EU-US and Swiss-U.S. Privacy Shield Framework Statement.

 
If you are in Europe, “personal information” covers all personal data processed by us, which means information that (either in isolation or in combination with other information) enables you to be identified directly or indirectly.   “Europe” covers the European Economic Area and Switzerland.

 
This Privacy Policy does not apply to third-party websites, products or services (such as those of our clients), even if they link to our services or the Site.  We strongly encourage you to review the privacy policies and practices of those third-parties carefully.
 
1.           Consent
By accessing, visiting, browsing, using or attempting to interact with any part of our Site, you are consenting to the practices described in this Privacy Policy, as modified from time to time by us.  If you do not agree with our policies and practices, your choice is to not use our Site.

 
2.           About Jagged Peak
Jagged Peak provides global, end-to-end eCommerce and supply chain solutions that enable retailers, manufacturers, distributors and consumer brand companies to quickly and cost-effectively establish and operate a direct online business.  The cornerstone of Jagged Peak’s solutions is the EDGE® eCommerce platform.  It is a fully cloud-based order management system that provides real-time order visibility throughout the entire order life cycle across multiple business units, distribution channels and trading partners.  It enables companies to control and coordinate multi-channel orders, catalogs, multi-warehouse inventories and order fulfillment across multiple clients, suppliers, employees and partners in real-time.

 
3.           What Information do We Collect about You?
We will collect your personal information when you provide it to us.  We may also collect other information that you voluntarily provide to us, such as when you communicate with us via email, post, telephone or other channels; and when you respond to our communications or requests for information.  The types of information that may be collected may include, but are not limited to: name, postal address, telephone numbers, email address and other similar personal information that can identify you when it is voluntarily submitted to us.

 
Website usage information is collected using web logs and cookies.  When you enter the Site, we collect your browser and device information, such as IP address.  This information is gathered for all Site visitors and users.

 

We may receive information about you from other sources, such as third parties, and publically available information that help us: update, expand and analyze our records; identify new clients; or prevent or detect fraud. We may also receive information about you from social media platforms, such as when you interact with us on those platforms or access our social media content.  Please note that the information we may receive from those third party sites (such as Facebook and Twitter) is governed by the privacy settings, policies and/or procedures of the applicable platform, and we strongly encourage you to review them before submitting any information to them.

 

You can choose not to disclose certain information, but then you might be limited in the services you can take advantage of on the Site.

 

4.           Users in Europe – What are Our Responsibilities to You?

If you are in Europe, for the purposes of the EU General Data Protection Regulation 2016/679 (the “GDPR”), we will collect personal information about you and will be the data controller for that personal information.  We can be contacted as noted below:

 
Jagged Peak, Inc. 7650 W Courtney Campbell Causeway Suite 1200 Tampa, FL 33607, USA

privacy@jaggedpeak.com

 
All of our people must abide by this Privacy Policy when handling personal information and must take part in any required data protection training.  Any breach will be taken seriously and may result in disciplinary action.  We shall keep the amount of personal information collected and the extent of any processing to a minimum.

 
For the purposes of the GDPR, we have a Data Protection Leader who oversees our compliance with data protection laws and this Privacy Policy, and provides guidance and advice to Jagged Peak and our people as required.  Our Data Protection Leader will be responsible for reporting any failures to comply with the data protection legislation.


5.           EU-U.S. and Swiss-U.S. Privacy Shield Framework

Jagged Peak complies with the EU-U.S. 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 and Switzerland to the United States.  Jagged Peak has certified to the Department of Commerce that it adheres to the Privacy Shield Principles.  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 https://www.privacyshield.gov/
 
In compliance with the Privacy Shield Principles, Jagged Peak commits to resolve complaints about our collection or use of your personal information.  European individuals with inquiries or complaints regarding our Private Shield policy should first contact Jagged Peak at privacy@jaggedpeak.com.

 
Jagged Peak has further committed to cooperate with EEA data protection authorities (DPAs) and the Swiss Federal Data Protection and Information commissioner (FDPIC) with regard to unresolved Privacy Shield complaints.  If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact the EEA DPAs for more information or to file a complaint.  The services of EEA DPAs and the Swiss FDPIC are provided at no cost to you.

 
Individuals have the right to request and access their personal information collected by our systems and have a right to choose how Jagged Peak uses or discloses that personal information.  Jagged Peak is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC) and the Department of Transportation and is required to disclose any and all personal information in response to lawful requests by the public authorities, including to meet national security or law enforcement requirements.  Individuals have the right to invoke binding arbitration if they so choose.

 
ONWARD TRANSFERS OF PERSONAL DATA.
We will not transfer Personal Information originating in the EU to third parties unless such third parties have entered into an agreement in writing with us requiring them to provide at least the same level of privacy protection to your Personal Information as required by the Principles of the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. We will only transfer Personal Information to third parties who need the information in order to provide services to or perform activities on our behalf. In cases of onward transfer to third parties of data of EU individuals received pursuant to the EU-U.S. Privacy Shield and the Swiss-U.S. Privacy Shield, Jagged Peak, Inc. is potentially liable.

 

6.           How We May Use and Share the Information We Collect

We may use the information we collect:

  • to respond to your enquiries;
  • to provide you with goods and services that you request, process returns and refunds, and enable you to participate in events and competitions;
  • to present our Site to you and send you marketing communications and other information or materials that may be of interest to you or which you have expressed an interest in receiving;
  • to maintain our list of contacts;
  • for Jagged Peak’s business purposes, such as: improving the provision of our Site, products and services; data analysis; submitting invoices and debt collection; detecting, preventing and responding to actual or potential fraud, illegal activities or intellectual property infringement;
  • to better understand your needs and assess the effectiveness of our events, promotional campaigns and publications; and
  • as we believe reasonably necessary or appropriate to: comply with our legal obligations; respond to legal process or requests for information issued by government authorities or other third parties; or protect your, our or others’ rights, such as exchanging information with other companies and organizations for fraud protection and credit risk reduction.

 

We may share the information we collect:

    • with our people, but their use shall be limited to the performance of their duties and in line with the reason for processing. Our employees are required to keep that information confidential and are not permitted to use it for any purposes other than to provide our services, to deal with requests which are submitted to us, or for the purposes of facilitating our use of that information in accordance with this Privacy Policy;
    • with third party service providers engaged by us to perform services on our behalf, such as web-hosting companies, information technology providers, web-development consultants, analytics providers, delivery of goods, processing of credit card payments, billing and debt collection, marketing and communications services and event hosting services;
    • with law enforcement, courts or tribunals, other government authorities, or third parties (within or outside the jurisdiction in which you reside) as may be permitted or required by the laws of any jurisdiction that may apply to us; as provided for under contract; or as we deem reasonably necessary to provide our services.  In these circumstances, we take reasonable efforts to notify you before we disclose information that may reasonably identify you or your organization, unless giving prior notice is prohibited by applicable law or is not possible or reasonable in the circumstances;
    • to protect the rights, property, or safety of Jagged Peak or others, such as exchanging information with other companies and organizations for fraud protection and credit risk reduction; and
    • with service providers, advisors, potential transactional partners or other third parties in connection with the consideration, negotiation or completion of a transaction in which we are acquired by or merged or amalgamated with another company or we sell, liquidate or transfer all or a portion of our assets.

We do not sell, rent or otherwise share any information with unaffiliated entities except as expressly described in this Privacy Policy, or with your prior permission.  We may share aggregated and/or anonymized information that does not reasonably identify you or your organization only as permitted by applicable law.

 

Other than as set out above, you will receive notice when information about you might go to third parties, and you will have an opportunity to choose not to share the information.

 
If you do not want us to use your personal information in these ways, please choose the relevant response on the form on which we collect your information or contact us as advised in Section 20 below.

 

7.           Legal Grounds for Using Personal Information
We rely on the following legal grounds to process personal information, namely:

 

Consent: we may use personal information as described in this Privacy Policy, and as detailed in our Terms of Use of the Site, subject to your consent.  To withdraw your consent to such use, please contact us as advised in Section 20 below.

 

Performance of a contract: we may need to collect and use personal information to enter into a contract with you or to perform a contract that you have entered into with us.

 

Legal obligation: we may need to collect and use personal information to comply with legal obligations to which Jagged Peak is subject.

 

Legitimate interests:  we may use your personal information for our legitimate interests to provide our services and to improve our services.  Consistent with our legitimate interests and consents that may be required, we may use personal information for our marketing purposes and other technical information as described in this Privacy Policy.

 

8.           Users in California – California Civil Code Compliance

If you are a resident in California in the United States, Jagged Peak seeks to comply with the California Civil Code Section 1798.80-1798.84.  That law permits you to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.  You may only make such a request one time each year.

 
To make such a request, please contact us with any questions regarding such use of personal information as advised in Section 20 below:
 
The entire California Civil Code Section 1798.80-1798.84 documentation can be viewed here.
 

9.           The Measures We Have in Place to Protect and Safely Store the Information We Collect

The security of your personal information is important to us.  The EDGE® platform is certified Payment Card Industry Data Security Standard (PCI-DSS) compliant and meets Health Insurance Portability and Accountability Act (HIPPA) and Privacy Shield requirements. When you enter personal information on the Site, we encrypt that information using secure socket layer technology (SSL).  We follow generally accepted industry standards to protect the personal information submitted to us from unauthorized access or disclosure, both during transmission and once we receive it.  However, no information system can be 100% secure.  So, we cannot guarantee the absolute security of your information.  We are not responsible for the security of information you transmit to us over networks that we do not control, such as the Internet and wireless networks.  Subject to our obligations to users in Europe under the GDPR, nor are we responsible for circumvention of any privacy settings or security measures contained on the Site.

 

We use a number of suppliers and service providers in connection with the operation of our business and they may have access to the personal information we process.  For example, an IT service provider may see your personal information when providing software support, or a company which we use for processing of credit card payments or a marketing campaign may process your personal information for us.  When contracting with suppliers and/or service providers, Jagged Peak takes appropriate steps to ensure that there is adequate protection in place and that data protection principles are adhered to.

 

The Site is hosted in the United States and is governed by United States law.  If you are visiting the Site from outside of the United States, please be aware that your personal information may be transferred to, stored and processed in the United States where our servers are located and our central database(s) is operated.  The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country.  We are a United States corporation with operations in multiple jurisdictions.  We may transfer personal information and other information to Jagged Peak affiliates outside of the United States.  By using the Site, you consent to your information being transferred to our facilities and to the facilities of those third parties with whom we share it as described in this Privacy Policy.  If you are in Europe, and we transfer your data outside of Europe, we will only do so where we are sure that there is an adequate level of protection in place for personal information, such as standard contractual clauses where appropriate and Binding Corporate Rules.

 

10.        Retention of the Information We Collect
We retain the information we collect for no longer than is reasonably necessary to fulfill the purposes for which we collect the information and to comply with our legal obligations.

 

Following completion of the services provided by us, we will either retain the related papers or store these records digitally.

 

Where personal information is retained for the purposes of sharing promotional material, and you no longer want to be contacted by us, please contact us as advised in Section 20 below.  Please include your name and mailing address (as well as your e-mail address) if you also prefer not to receive direct mail.  Note that you may still receive service related communications from us.

 

11.        Web Log Information
Web log information is gathered when you visit our Site by the computer that hosts our Site (called a “server”).  The server automatically recognizes some information, such as the date and time you visited our Site, the pages you visited, the website you came from, the type of browser you are using (e.g. Internet Explorer), the type of operating system you are using, and location data. It helps us improve our Site and to deliver a better and more personalized service, such as by enabling us to: (a) estimate our audience size and usage patterns; (b) store information about your preferences, allowing us to customize our Site according to your individual interests; (c) speed up your searches; and (d) recognize you when you return to our Site.

 
12.        Cookies
The Site may use a technology called a “cookie”.  A cookie is a piece of information that our server sends to your computer when you access a website.  Then, when you come back, our Site will detect whether you have one of our cookies on your computer.  Our cookies help provide additional functionality to the Site and help us analyze site usage more accurately and allows us to build up a more detailed profile of you.  You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent.  To learn more about cookies, you may wish to visit www.allaboutcookies.org.  If you disable or refuse cookies, please note that some parts of the Site may then be inaccessible or not function properly.

 
13.        IP Addresses
The Site uses Internet Protocol (IP) addresses.  An IP address is a number assigned to your computer by your Internet Service Provider so you can access the Internet.  Generally, an IP address changes each time you connect to the Internet (it is a dynamic address).  Note, however, that if you have a broadband connection, depending on your individual circumstance, it is possible that your IP address that we collect, or even perhaps a cookie we use, may contain information that could be deemed identifiable.  This is because with some broadband connections your IP address doesn’t change (it is static) and could be associated with your personal computer.  We use your IP address to report aggregate information on use and to help improve the Site.

 
14.           How We Respond to Do Not Track Signals

Do Not Track is a privacy preference that users can set in their browsers.  When a user turns on the Do Not Track signal, the browser sends a message to websites requesting them not to track the user.  For information about Do Not Track, visit www.allaboutdnt.org.  At this time, the Site does not respond to Do Not Track browser settings or signals.

 

In addition, the Site may use other technology that is standard to the Internet, such as local shared objects, pixel tags, web beacons and other similar technologies, to track visitors to or users of the Site.  Those tools may be used by us and third parties to collect information about you and your Internet activity, even if you have turned on the Do Not Track signal.

 

We may use third party web analytics services, such as those of Google Analytics and Urchin.  You can also opt out of being tracked by Google Analytics across all websites by installing Google’s opt-out browser add-on.
 

15.        Children
The Site is not intended for, or designed to attract, individuals under the age of 13 (or 16 in Europe).  We do not knowingly collect or solicit personal information from any person under the age of 13 (or 16 in Europe).  No person under the age of 13 (or 16 in Europe) may provide any personal information to or on the Site.  If you are under the age of 13 (or 16 in Europe), please do not use or provide any information to or on the Site or on or through any of its features, or use any of the interactive or public comment features of the Site, or provide any personal information about yourself to Jagged Peak, such as your name, address, telephone number, e-mail address or any screen name or user name you may use.  If Jagged Peak learns that it has collected or received personal information from a person under the age of 13 (or 16 in Europe) without verification of parental consent, Jagged Peak will delete that information as quickly as possible.  If you believe that Jagged Peak might have any personal information from or about a person under the age of 13 (or 16 in Europe), please contact us as advised in Section 20 below. We encourage parents to monitor their children’s Internet usage and/or to use web filtering technology to supervise their children’s access to the Internet.

 
Jagged Peak seeks to comply with the Children’s Online Privacy Protection Act instituted in April 21, 2000.  The entire COPPA documentation can be viewed here.


16.        Career Inquiries

Jagged Peak accepts inquiries and applications regarding our open job postings through the Site. This may include resume files. Without limiting the applicability of the rest of this Privacy Policy, personal information submitted by job applicants when applying for a position is used for the purpose of evaluating the candidate for a position at Jagged Peak and for related recruiting, reporting and recordkeeping purposes and is managed according to Jagged Peak’s human resources department policies.

 

17.        Updating Your Information, Opt Out Option and Choices about How We Use and Disclose Your Information – Other than if you are in Europe

You may correct, update or remove personal information previously provided to us by contacting us as advised in Section 20 below.
 
18.        Users in Europe – Choices and Rights in Respect of the Information We Hold
If you are in Europe, personal information must be processed in line with individuals’ rights, including the right to:

  • request a copy of their personal information;
  • request that their inaccurate or incomplete personal information is corrected;
  • request that their personal information is deleted and destroyed in certain circumstances;
  • object to processing or request that the processing of their personal information is restricted in certain circumstances or withdraw consent, including to opt out of receiving communications (including electronic) from Jagged Peak;
  • not be subject to automated decision making; and
  • request the transfer of their personal information in certain circumstances.

If you wish to exercise any of these rights, please contact us as advised in Section 20 below.

 
If you believe that we have not complied with applicable data protection laws, you have the right to lodge a complaint with your local data protection authority. A list of local data protection authorities in European countries at the date of this Privacy Policy is available here.  However, we encourage you to come to us in the first instance.
 
19.        Links to other Websites
The Site may contain links to other websites.  Jagged Peak is not responsible for the privacy practices of other websites.  This Privacy Policy applies solely to information collected by Jagged Peak.  In the event that you access any other websites through links provided on the Site, please note that we are not responsible for the content or privacy practices of such other websites and advise you to read the privacy policy of each website you visit which collects personal information.
 
20.        How to Contact Us
If you have any queries concerning your personal information or any questions on our use of that information, please contact us as noted below:
 
Data Protection Leader
Jagged Peak, Inc. 7650 W Courtney Campbell Causeway Suite 1200 Tampa, FL 33607, USA

privacy@jaggedpeak.com
 
21.        Changes to this Privacy Policy
If you choose to visit or use the Site, your visit or use and any dispute over privacy is subject to the terms of this Privacy Policy, any Terms of Use that we may post on the Site from time to time, and any agreement between us.

 

We keep this Privacy Policy under regular review.  If we decide to change our Privacy Policy, we will post a new policy on our Site and change the date at the top of our Privacy Policy.  Your continued use of the Site after we make changes is deemed to be acceptance of these changes, so please check the policy frequently for updates.  All modifications to our Privacy Policy will be effective upon our posting such modified Privacy Policy on the Site.

 

We recommend that you print, download or otherwise retain a copy of this Privacy Policy (and any revised version) for your records.

 

This Privacy Policy was last updated on February 20, 2019.