Merch Cat LLC

Privacy Policy

Who we are

Merch Cat is a mobile and web based software service that facilitates the sale and tracking of inventory of musician’s merchandise at live shows. It is connected to the mobile and web software platform Merch Cat FAN which facilitates the sale of this same merchandise to music fans who wish to purchase this merchandise in their own app. Both services are operated under the umbrella of Merch Cat LLC and will be referred to collectively as such for these purposes

We collect personal information from the customer to provide user accounts on the Merch Cat Platform, and order placement, management, shipping, and social interaction on the Merch Cat FAN platform. We also send periodic marketing email messages to our customers

The personal data we would like to collect from you is:

Personal data type:Source
First and last name, full address,and phone numberCustomer supplied
Credit card (not stored)Customer supplied
IP addressCustomer supplied
Email addressCustomer supplied
Website URLCustomer supplied
Facebook Profile (If logged in via Facebook)
- Email address
- User profile ID
- Public profile
Facebook supplied

The personal data we collect will be used for the following purposes:

Email marketing

Periodic marketing emails from Merch Cat and Merch Cat FAN.

Order and shipment processing

Status and processing email notifications.

Customer service email communications.

To pick, pack, and ship customer orders.

Payment processing.

Our legal basis for processing for the personal data:

We obtain consent from the customer to allow processing of their personal data ( GDPR Article 6(1)(a) )

Consent

By consenting to this privacy notice you are giving us permission to process your personal data specifically for the purposes identified.

Consent is required for Merch Cat and Merch Cat FAN to process both types of personal data, but it must be explicitly given. Where we are asking you for sensitive personal data we will always tell you why and how the information will be used.

You may withdraw consent at any time by contacting us on our website at https://www.merchcat.com

Once we receive your request we will process it accordingly and notify you.

Disclosure

Merch Cat LLC will not pass on your personal data to third parties without first obtaining your consent. The following third parties will receive your personal data for the following purpose(s) as part of the processing activities:

Third Party Retrieve a copy of the safeguards in place here: Purpose Data Protection Contract in place?
SendGrid https://sendgrid.com/policies/security/ Transactional Email N/A

Retention period

Merch Cat LLC.com LTD will process personal data and store the personal data for the up to 5-years based on the following categories:

PurposeTimeframeReason
Google Analytics4 yearsImprove customer experience
Merch Cat LLC.com Shipping Addresses3 yearsProcess customer orders
Merch Cat LLC.com Transaction History1 yearProcess customer orders
Merch Cat LLC.com Download Log5 yearsProcess customer orders
Facebook User Data5 yearsRecommendations to customers

Your rights as a data subject

At any point while we are in possession of or processing your personal data, you, the data subject, have the following rights:

Right of access – you have the right to request a copy of the information that we hold about you.

Right of rectification – you have a right to correct data that we hold about you that is inaccurate or incomplete.

Right to be forgotten – in certain circumstances you can ask for the data we hold about you to be erased from our records.

Right to restriction of processing – where certain conditions apply to have a right to restrict the processing.

Right of portability – you have the right to have the data we hold about you transferred to another organization.

Right to object – you have the right to object to certain types of processing such as direct marketing.

Right to object to automated processing, including profiling – you also have the right to be subject to the legal effects of automated processing or profiling.

Right to judicial review: in the event that Merch Cat LLC refuses your request under rights of access, we will provide you with a reason as to why. You have the right to complain.

All of the above requests will be forwarded on should there be a third party involved in the processing of your personal data.

Complaints

In the event that you wish to make a complaint about how your personal data is being processed by Merch Cat LLC.com LTD (or third parties), or how your complaint has been handled, you have the right to lodge a complaint directly with Merch Cat LLC’s data protection representative.

Contact Name:Vanessa Ferrer
Address:50 Main St
Suite 1000
White Plains, NY 10605
Email:vferrer@merchcat.com
Telephone:(914) 772 0753

Personal data

Under the EU’s General Data Protection Regulation (GDPR) personal data is defined as: 

“any information relating to an identified or identifiable natural person ('data subject'); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person”.

How we use your information

This privacy notice tells you how we, Merch Cat LLC, will collect and use your personal data.  When signing up with the Service you will be asked to supply information which may include your name, address, telephone number, email address, credit card details, date of birth, or other information. When using the Service we may collect your browser type, OS type, IP address. We also store certain information in your browser called “cookies”. We use session ID cookies to confirm that users are logged in. These cookies terminate once the user closes the browser. By default, we use a persistent cookie that stores your login ID (but not your password) to make it easier for you to login when you come back to the Service. You can remove or block this cookie using the settings in your browser if you wish to disable this convenience feature

We will also use your personal information for order processing, shipment processing, and customer support.  From time to time your information will be used for email marketing purposes by Merch Cat LLC.

Why does Merch Cat LLC need to collect and store personal data?

In order for us to provide you with order processing, shipment processing, and customer support we need to collect personal data. In any event, we are committed to ensuring that the information we collect and use is appropriate for this purpose, and does not constitute an invasion of your privacy.

In terms of being contacted for marketing purposes Merch Cat LLC asks for your consent as you sign up for service.

Will Merch Cat LLC share my personal data with anyone else?

We may pass your personal data on to third-party service providers contracted to Merch Cat LLC in the course of dealing with you. Any third parties that we may share your data with are obliged to keep your details securely, and to use them only to fulfil the service they provide you on our behalf. This may include order processing, shipment processing, customer support, analytics, and/or email marketing. When they no longer need your data to fulfil this service, they will dispose of the details in line with Merch Cat LLC procedures. If we wish to pass your sensitive personal data onto a third party we will only do so once we have obtained your consent, unless we are legally required to do otherwise.

How will Merch Cat LLC use the personal data it collects about me?

Merch Cat LLC will process (collect, store and use) the information you provide in a manner compatible with the EU’s General Data Protection Regulation (GDPR). We will endeavor to keep your information accurate and up to date, and not keep it for longer than is necessary. Merch Cat LLC is required to retain information in accordance with the law, such as information needed for income tax and audit purposes. How long certain kinds of personal data should be kept may also be governed by specific business-sector requirements and agreed practices. Personal data may be held in addition to these periods depending on individual business needs.

Under what circumstances will Merch Cat LLC contact me?

Our aim is not to be intrusive, and we undertake not to ask irrelevant or unnecessary questions. Moreover, the information you provide will be subject to rigorous measures and procedures to minimize the risk of unauthorized access or disclosure.

Can I find out the personal data that the organization holds about me?

Merch Cat LLC at your request, can confirm what information we hold about you and how it is processed. If Merch Cat LLC does hold personal data about you, you can request the following information: 

Identity and the contact details of the person or organization that has determined how and why to process your data. In some cases, this will be a representative in the EU. 

Contact details of the data protection officer, where applicable.

The purpose of the processing as well as the legal basis for processing.

If the processing is based on the legitimate interests of Merch Cat LLC or a third party, information about those interests.

The categories of personal data collected, stored and processed.

Recipient(s) or categories of recipients that the data is/will be disclosed to.

If we intend to transfer the personal data to a third country or international organization, information about how we ensure this is done securely. The EU has approved sending personal data to some countries because they meet a minimum standard of data protection. In other cases, we will ensure there are specific measures in place to secure your information.

How long the data will be stored.

Details of your rights to correct, erase, restrict or object to such processing.

Information about your right to withdraw consent at any time.

How to lodge a complaint with the supervisory authority.

Whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether you are obliged to provide the personal data and the possible consequences of failing to provide such data.

The source of personal data if it wasn’t collected directly from you.

Any details and information of automated decision making, such as profiling, and any meaningful information about the logic involved, as well as the significance and expected consequences of such processing.

What forms of ID will I need to provide in order to access this?

Merch Cat LLC accepts the following forms of ID when information on your personal data is requested:  Passport, driving licence, birth certificate, utility bill (from last 3 months), current vehicle registration document, bank statement (from last 3 months), rent book (from last 3 months).

Contact details of the data protection representative:

Contact Name:Vanessa Ferrer
Address:50 Main St
Suite 1000
White Plains, NY 10605
Email:vferrer@merchcat.com
Telephone:(914) 772 0753

• Principles: Merch Cat (the “Service”) is a mobile and web based software service that facilitates the sale and tracking of inventory of musician’s (the “Artist”) merchandise at live shows. It is connected to the mobile and web software platform Merch Cat FAN which facilitates the sale of this same merchandise to music fans who wish to purchase this merchandise in their own app. Both services are operated under the umbrella of Merch Cat LLC, and shall be referred to collectively as such for these purposes. To achieve this aim Merch Cat LLC collects and processes certain personal information (the “Personal Information”). Merch Cat LLC may modify the terms of this Privacy Policy, in our sole discretion, by posting amended terms to the MerchCat.com website and sending an update email to all customers. Your continued use of the Service indicates your acceptance of the amendments.

• Abuse: Any improper collection or misuse of information provided on Merch Cat LLC is a violation of Merch Cat LLC’s General Terms and Conditions and should be reported here: https://www.MerchCat.com.

• Credit Card Information and Security: Merch Cat LLC does not store credit card information. Credit card transactions are transmitted to a secure financial gateway via Stripe or SquareUp, and we endeavour to protect the security of your payment information during transmission by using Secure Sockets Layer (SSL) technology. Credit card information is stored in an encrypted form by our payment gateway provider. Merch Cat LLC stores only the last four digits of any credit card with a reference ID for the payment gateway.

• Children Under Age 13: Merch Cat LLC does not knowingly collect any information from persons under the age of 13. If Merch Cat LLC learns that a posting is by a person under the age of 13, Merch Cat LLC will remove that post.

• Children Between the Ages of 13 and 18: We recommend that minors over the age of 13 ask their parents for permission before sending any information about themselves to anyone over the Internet.

• Conditions of Use: If you decide to visit the Merch Cat LLC website, your visit and any possible dispute over privacy is subject to this privacy policy and our General Terms and Conditions, including limitations on damages, and jurisdiction.

• Contacting Merch Cat LLC: If you have any questions about this privacy policy, please contact us. You may also reach us by mail at “Merch Cat LLC, 50 Main Street, Suite 1000, White Plains, NY, or you can contact us here https://www.MerchCat.com.

Copyright Policy

• Merch Cat LLC is in compliance with international copyright laws including 17 U.S.C. 512 and the Digital Millennium Copyright Act (“DMCA”). It is our policy to respond to any infringement notices and take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws.

• If you are a copyright owner or an agent thereof and believe that any file or other content or link infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the following information in writing (see 17 U.S.C 512©(3)):

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Merch Cat LLC to locate the material;

• Information reasonably sufficient to permit Merch Cat LLC to contact you, such as an address, telephone number, and, if available, an electronic mail;

• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

• If your notification complies with all of these requirements, you can contact Merch Cat LLC here: https://www.MerchCat.com. Any notifications not complying with the above requirements will be ignored. Please allow 1-2 business days for an email response.