Privacy Policy

Three Colts Group Privacy Policy

Three Colts Group, Inc. provides cloud-based services for businesses that sell on the Amazon.com platform (collectively, the “Services”). This Privacy Policy (“Privacy Policy”) is made and entered into by and between you (“You” or “Your”), the user of one or more of these Services, and the relevant entity providing the Services, which are:

In the case of SellerBench, 3CG SELLERBENCH, LLC, a Delaware limited liability company (“SellerBench”);
In the case of OldStreetMedia, Old Street Media, LLC, a Delaware limited liability company (“Old Street Media”);
In the case of TacticalArbitrage, 3CG TACTICALARBITRAGE, LLC, a Delaware limited liability company (“TacticalArbitrage”);
In the case of Bindwise, 3CG BINDWISE, LLC, a Delaware limited liability company (“Bindwise”);
In the case of HotShp, 3CG HOTSHP, LLC, a Delaware limited liability company (“HotShp”);
In the case of RefundSniper, 3CG REFUND SNIPER, LLC, a Delaware limited liability company (“RefundSniper”);
In the case of ChannelReply, 3CG CHANNELREPLY, LLC, a Delaware limited liability company (“ChannelReply”).

Except as where otherwise more specifically referenced in this Privacy Policy, each entity will generally be referred to as the “Company.” This Privacy Policy is intended to provide You with the specific details about how each Company collects and processes Your personal and personally identifiable information through Your use of the Services. Each Company is a data processor of the information collected through the Services.
‍
The Company is located in the United States and it may transfer Your personal or personally identifiable information to countries outside of the European Union. Many of the Company’s third-party service providers are located within the United States and their processing of personal or personally identifiable information will involve a transfer of data outside of the European Union. Whenever personal data is transferred outside of the European Union, the Company does its best to ensure a similar degree of security and data privacy by requiring that its service providers and its foreign parents or subsidiaries adopt standard contractual clauses covering the transfer of this data.
‍
Additionally, the Company takes measures that supplement transfer tools, such as standard contractual clauses, to ensure compliance with the level of protection of personal data in the European Union. For example, when the Company receives an expedited circumstances request, a subpoena, a warrant, or a court order to disclose personal or personally identifiable information from law enforcement or regulators in the United States, the Company carefully validates these requests, including by reviewing the legality of such request, subpoena, warrant, or court order and challenging them if there are grounds under the law to do so before any personal or personally identifiable information is disclosed.

Before using the Services or providing information to us, please carefully review this Privacy Policy. By using or accessing the Services, You agree that the Company may collect and use Your information in accordance with this Privacy Policy, as revised from time to time. If You have any questions or suggestions regarding our Privacy Policy, or if Your personal information is not accurate or complete, please contact us at:

Three Colts Group, Inc.
251 Little Falls Drive
Wilmington, DE 19808
‍privacy@threecolts.com
‍
By providing Company with Your personal or personally identifiable data and using the Services, You warrant that You are over the age of eighteen (18) or otherwise above the age of majority within Your jurisdiction. If You are younger than eighteen (18) or the age of majority within Your jurisdiction, please do not use the Services and please do not provide personal information to the Company.

1. Personal Information Collected

When You use the Services, the Company may collect personal or personally identifiable information from You (“PII”). PII may include any information capable of identifying an individual, but it does not include anonymized data.
‍
The Company may collect and process the following categories of PII about You:

a. Communication Data. Communication data includes any communications that You may send to us through the Services, email, chat, telephone, and social media. We process this data to communicate with You, to record logs of our communication, and to store information to respond to legal claims, including lawful requests by public authorities, including to meet national security or law enforcement requirements. The Company’s lawful ground for processing this communication data is to respond to communications sent by You to us, to keep records of our communication, and to pursue or defend against legal claims.

b. User Data. User data includes data about how You use the Services and any data that You post to or authorize through the Services. We collect and process this data to operate the Services and to ensure that timely and relevant content is provided to You, to secure the Services, and to maintain backups of the Services. The Company’s lawful ground for processing this user data is its legitimate business interests in administering and offering the Services.

c. Technical Data. Technical data includes data about Your use of the Services, such as Your IP address, Your login data, Your phone number, Your operating system, Your geolocation, and Your time zone. The Company may collect this data from Your use of the Services and from advertising IDs. Company processes this data to analyze Your use of the Services, to administer and secure the Services, to provide location-relevant content, to deliver relevant content and advertisements, and to understand the effectiveness of the the Company’s advertisements. The Company’s lawful ground for collecting and processing this technical data is its legitimate interests in administering and offering the Services and to grow its business and marketing strategy.

d. Marketing Data. Marketing data includes data about Your preferences in receiving information from and interacting with the Services, such as whether You would like to subscribe to the Company’s email newsletters. The Company collects this data from Your use of the Services. The Company’s lawful ground for collecting and processing this marketing data is its legitimate interests in administering and offering the Services and to grow its business and marketing strategy.

e. Sensitive Data. Sensitive data includes data about Your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, union membership, or information about Your health. The Company does not collect or use sensitive data in the Services.

The Company may also request Your consent to collect and process data You provide to us. You can always revoke Your consent by changing Your account settings or emailing us with Your opt out request at: privacy@threecolts.com.
‍
The Company will only use Your PII for the purpose for which it was collected. In the event that the Company needs to use Your PII for an unrelated new purpose, they Company will provide You with notice of this new use and will explain the lawful ground for such processing or ask for Your consent. The Company may process Your PII without Your knowledge or consent where required or permitted by law.
‍
The Company does not use Your PII to automatically make any decisions related to creditworthiness.

2. Collection of Data from Third Parties

a. The Company may collect data about You through cookies and other technologies. This helps the Company understand how You use the Services and to understand any patterns that may be associated with Your use of the Services. This aids the Company in developing or improving its Services in response to Your needs or wants.

b. The Company may use session or persistent cookies. Session cookies are only stored on Your computer or mobile device during Your use of the Services and are automatically deleted when You close Your web browser. Persistent cookies are stored as a file on Your computer or mobile device that remain on Your computer or mobile device even after You close Your web browser. Persistent cookies can be read by the Services that created the cookie when You revisit it again. The Company may use persistent cookies when it utilizes Google Analytics or other analytics providers, which is intended to track the origin and behavior of traffic to the Services.

c. The Company may also receive data from third parties including analytics providers or third-party advertising networks such as those owned by Google, Facebook, Amazon, or Apple. These third parties may be based outside of the European Union.

3. Marketing Communications

a. As stated above, Company’s lawful ground for sending You marketing communications is either Your consent or its legitimate business interests, such as to grow its business. Company may send You marketing communications if You have asked for information concerning its goods or if You have agreed to, and have not opted out from, receiving marketing communications. You may ask Company to stop sending You marketing messages at any time by logging into the Services, navigating to Your user account dashboard, and by adjusting Your marketing preferences or by following the opt-out link in any marketing message sent to You. If You opt out of receiving marketing communications, Your opt-out does not extend to PII collected based on other legal grounds.

4. Disclosure of Personal Information

a. The Company may share Your PII with the following parties:

Third-party service providers that provide the Company with information technology or other administrative services;
The Company’s accountants, auditors, insurers, or attorneys;
Upon receipt of a duly authorized subpoena or court order;
To protect itself, its employees and independent contractors, and its property; and
Government bodies that require the Company to report its processing activities.

b. The Company may also transfer PII to third parties when it sells, transfers, or merges any part of its business or assets. The Company requires all third parties that receive a transfer of PII from the Company to maintain the same level of respect for the protection of PII as the Company and the Company only allows third parties to process Your personal data for the specific purposes listed in this privacy policy.

5. Data Security

a. The Company has put into place data security measures to protect Your PII. The Company allows access to Your PII only by employees and service providers who have a need to know or access Your PII on Company’s instructions. Company will notify You and any regulatory body of any breach of Your PII or Company’s security measures if it is legally required to do so.

6. Retention of Data

a. The Company will only retain Your PII for so long as necessary to fulfill the purposes for which it is collected under this Privacy Policy or for the purposes of satisfying any legal, accounting, or reporting requirements, including to respond to lawful requests by public authorities, including to meet national security or law enforcement requirements.

7. Right to Access

a. Under the law, You may have a right to request access to Your PII for correction, transfer, erasure, or restriction, or to object to its processing or withdraw Your consent. If You wish to exercise any of these rights, please contact the Company as disclosed in this Privacy Policy.

b. You do not need to pay a fee to access Your PII or to exercise Your rights. However, the Company may charge a reasonable fee if Your request is unreasonable or excessive.

c. To confirm Your request, the Company may need to request specific information from You as a security measure to ensure that PII is not disclosed to an unauthorized third party. The Company will attempt to respond to all legitimate requests within thirty (30) days.

8. Third Party Links

a. The Company’s Services may include links to third party websites and applications. By clicking on third party links, You may allow third parties to collect or share data about You. Company does not control these third-party links and You are advised to review their respective privacy policies.

9. Responding to Do Not Track Signals

a. You can generally opt-out of receiving personalized ads from third party advertisers and ad networks who are members of the Network Advertising Initiative (NAI) or who follow the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising by visiting the opt-out pages on the NAI Services and DAA Services. The Company’s Services are not currently set up to respond to browser do-not-track signals, but You can configure Your browser settings to reject all cookies or prompt You before a cookie is set.

10. California Consumer Privacy Act

a. California Civil Code Section 1798.83, also known as the “Shine the Light” law, permits California residents to request and obtain from the Company, once a year and free of charge, information about categories of personal information (if any) the Company disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which the Company shared personal information in the immediately preceding calendar year. If You are a California resident and would like to make such a request, please send us a letter to: Data Privacy Officer, Three Colts Group, Inc., 251 Little Falls Drive, Wilmington, DE 19808.

b. Under the California Consumer Privacy Act (“CCPA”), California residents have additional rights concerning their personal information. These rights are:

The right to know which personal information is being collected;
The right to know if personal information is being sold or shared, and to whom;
The right to object to the sale of personal information;
The right to access ones’ own personal information; and
The right to equal service and price for consumers who exercise their privacy rights

c. Disclosures of Personal Information

The Company collects the following categories of personal information ("Personal Information”), as defined in the CCPA:
- Identifiers, such as Your real name, address, IP address, e-mail address, and similar identifiers;
- Personal information, such as Your name, telephone number, and billing and transaction information;
- Commercial information, such as records of services that You have purchased or considered purchasing from the Company;
- Internet or other electronic network activity, including Your interaction with the Services or the Company’s advertisements;
- Geolocation, such as Your approximate physical location derived from Your IP address; and
- Professional or employment-related information, such as Your employer or job title.
The Company shall not retain, use, disclose, or otherwise process Your Personal Information for any purpose other than for performing the Services, or as otherwise permitted by the CCPA and shall return or delete Your Personal Information at the conclusion of performance of the Services, or sooner if directed by You. The Company shall follow all of Your lawful instructions regarding the return or destruction of Your Personal Information. Upon request from You, the Company shall disclose to You which categories of Your Personal Information the Company has collected, used, or shared with third parties within the twelve (12) month period preceding the request. Notwithstanding the foregoing, the Company may combine Personal Information received from one or more entities to which it provides similar services to the extent necessary to detect data security incidents or to protect against fraudulent or illegal activity.
Upon a verifiable consumer request, the Company will delete Your Personal Information from its records, and direct all of its service providers who possess Your Personal Information, if any, to also delete such Personal Information, provided that the Company shall not comply with a deletion request if the Company needs the Personal Information for any of the following reasons: (i) providing goods or services to the consumer, (ii) detecting and resolving issues relating to security or functionality, (iii) complying with legal obligations, (iv) conducting research in public interest, (v) exercising free speech or ensuring another’s exercise of free speech or (vi) using the information for internal purposes that the consumer might expect.
The Company shall not “sell” (as defined in the CCPA) any of Your Personal Information. The Company does not collect information on children under the age of 13.
The Company shall assist You in fulfilling its obligations under the CCPA to respond to individual requests related to Your Personal Information about them, including by promptly fulfilling requests to access or delete relevant Personal Information in The Company’s possession. If the Company receives a request to know, or a request to delete, from a consumer regarding Personal Information that the Company collects or maintains, and does not comply with the request, it shall explain the basis for the denial. The Company shall also inform the consumer that it should submit the request directly to You and, when feasible, and provide the consumer with Your contact information.
The Company shall enter into written agreements with each third-party subcontractor, if any, that processes Your Personal Information that obligate the subcontractor to comply with terms that are at least as restrictive as those imposed on The Company under this Privacy Policy, including the prohibition on the sale of Your Personal Information.
To exercise Your consumer rights, please submit a request to privacy@threecolts.com.

11. Rights of European Citizens

a. If You are a European citizen, You are entitled to certain rights regarding the protection of Your PII, which are subject to limitations set forth in the EU GDPR and its applicable case law. These rights are:

The right to access and correct the information that the Company processes about You;
The right to transfer all or a part of the information collected about You to another data controller, where it is technically feasible;
The right to the erasure of data concerning You, subject to the Company’s rights of retention under the law;
The right to object to the processing of PII where You dispute the accuracy of the data, the processing is not lawful, the Company no longer needs the information for the purposes of processing, or You have raised an objection for personal reasons;
The right to revoke Your consent to data processing;
The right to object to the processing of Your PII for marketing purposes;
The right to object to the processing of PII for direct marketing or for personal reasons that arise from Your particular situation; and
The right to file a complaint with a data protection authority.
To exercise these rights, You may either edit and update Your PII within Your User Account, opt out of receiving communications from the Company by unsubscribing to its e-mails, or by sending an e-mail to privacy@threecolts.com. You do not need to pay a fee to exercise these rights, however, the Company reserves the right to charge a reasonable fee if Your request is unreasonable or excessive. To confirm Your request, the Company may need to request specific information from You as a security measure to ensure that personal data is not disclosed to an unauthorized third party. We will attempt to respond to all legitimate requests within thirty (30) days.

12. Notification of Changes

a. Whenever the Company changes its Privacy Policy, the Company will post those changes to this Privacy Policy and other places that it deems appropriate. Your use of the Company’s Services following these changes indicates Your consent to the practices described in the revised Privacy Policy.

13. Notification of Changes

a. If You have any questions about this Privacy Policy or the manner by which we collect or use PII about You, email us at privacy@threecolts.com.