Shopmark, Inc. ("Shopmark", "we", "us") is a Delaware corporation with its principal place of business at 838 Walker Road Suite 21-2, Dover, DE 19904. This policy explains how we collect, use, share and protect personal information in connection with our website at shopmark.app and the Shopmark application for Shopify (together, the "Service").
It covers three groups of people: visitors to our website, merchants who install and use the Shopmark application, and individuals whose information we process while helping merchants enforce their rights. If you are a customer of a store that uses Shopmark, please note that the Shopmark application reads product and theme information from the merchant's store; it does not access the store's customer records.
1. Website visitors
When you visit shopmark.app, our hosting provider receives the standard technical information that any web request carries, such as your IP address, browser type and the pages you request, and uses it to deliver the site and keep it secure. If you join our waitlist or contact us, we collect the email address and any other details you give us so that we can respond and tell you about the Service. Our website does not use advertising or analytics cookies.
2. Merchants using the Shopmark application
What we collect
- Account and contact information: your name, business name, email address, telephone number, business address and Shopify store identifiers, provided by you or by Shopify when you install the application.
- Store content: product and theme information from your Shopify store, accessed under the permissions you grant at installation.
- Settings and activity: the choices you make in the application and records of the actions you take in it.
- Technical information: standard log data generated when you use the application.
Billing for paid plans is handled by Shopify; we do not receive your payment card details.
How we use it
We use this information to provide, operate, secure and improve the Service; to detect unauthorised use of your brand, storefront and product content and to prepare and deliver enforcement notices on your behalf; to send you alerts and service communications; to provide support; to administer plans and billing through Shopify; and to comply with our legal obligations.
Legal bases (EEA, UK and Switzerland)
We process merchant information to perform our contract with you, to pursue our legitimate interests in operating and securing the Service, and to comply with legal obligations. Where we act on your behalf as a processor of personal data, our Data Processing Agreement applies.
3. Enforcement data
To help merchants protect their rights, we process information about the people and businesses behind websites, domains and marketplace listings suspected of infringing a merchant's rights ("Enforcement Data"). This may include names, business and contact details, domain registration and hosting records, listing, product and pricing information, and correspondence with hosting providers, registrars and platforms. We obtain it from publicly available sources such as websites, domain registries and marketplaces, from the parties themselves and from the merchant. We do not seek special categories of personal data.
We process Enforcement Data in the legitimate interests of our merchants in protecting their intellectual property and their customers, and of the parties concerned in the establishment, exercise and defence of legal claims. We share it with the affected merchant and its advisers; with online platforms, marketplaces, hosting providers, domain registrars and search engines when submitting enforcement requests; with our service providers; and with authorities where the law requires. We keep it for as long as needed for the enforcement purpose and any related legal claims, including to recognise repeat infringers.
4. How we share information
We share personal information with service providers that help us run the Service — cloud hosting, AI and analysis, image search, and email delivery — who process it only on our instructions and under written data protection terms. Merchants can request our current sub-processor list under the Data Processing Agreement. We also share information with Shopify as the platform the application runs on; with the recipients of enforcement notices described above; with professional advisers; with a successor in the event of a merger, acquisition or sale of assets; and where required by law, to protect our rights, or to protect the safety of any person. We do not sell personal information.
5. International transfers
We are based in the United States and process information there. Where we receive personal information from the European Economic Area, the United Kingdom or Switzerland, we rely on the European Commission's Standard Contractual Clauses (and the UK Addendum) or on a recipient's certification under the EU–U.S. Data Privacy Framework.
6. Retention
We keep merchant information for as long as the application is installed and delete it within 30 days of uninstallation or of a written request, and from backups within a further 30 days, unless we must keep it to comply with law or to resolve disputes. Website and waitlist information is kept until you ask us to remove it or it is no longer needed. Enforcement Data is retained as described in section 3.
7. Security
We protect personal information with measures that include encryption in transit and at rest, access controls with multi-factor authentication, logical separation of each merchant's data, and monitoring and incident response procedures. No method of transmission or storage is completely secure, but we work to protect your information in line with industry practice.
8. Your rights
Depending on where you live, you may have the right to access the personal information we hold about you, to have it corrected or deleted, to restrict or object to our processing of it, to receive it in a portable format, to withdraw consent where processing is based on consent, and to complain to a data protection authority. California residents have the right to know what personal information we collect, use and disclose, to request its deletion or correction, and not to be discriminated against for exercising these rights; we do not sell or share personal information as those terms are defined in California law. Some rights relating to Enforcement Data may be limited where the information is needed to establish, exercise or defend legal claims. To exercise any right, email support@shopmark.app; we may need to verify your identity before responding. If you are a customer of a merchant that uses Shopmark, please direct requests to that merchant.
9. Children
The Service is intended for businesses and is not directed to anyone under 18. We do not knowingly collect personal information from children; if you believe a child has provided us with personal information, contact us and we will delete it.
10. Changes to this policy
We may update this policy as the Service or the law changes. We will post the new version here with its date, and will notify merchants in advance of material changes.
11. Contact
Shopmark, Inc.
838 Walker Road Suite 21-2, Dover, DE 19904, United States
support@shopmark.app