1. OVERVIEW

Rithum Corporation and its subsidiaries (“Rithum”) provide technology and services that enable industry-leading companies (“Rithum Client(s)”) to market, sell, and fulfill items to their customers online (“Shoppers”) and maximize inventory yield (“Services”). Rithum is committed to maintaining the privacy of all users of the Rithum website (“Website”), the Rithum Services, and other Rithum online resources that link to this Privacy Policy (collectively referred to as the “Resources”). Rithum Clients, Partners, Shoppers, and other users of the Resources are referred to herein collectively as “Users.” If you have accessed this Privacy Policy by clicking on the privacy policy link on a site other than the Rithum Website, your information may be collected by Rithum as a service to the entity that controls such other website and the Rithum Privacy Policy terms will apply to the collection of your personal information.

This Privacy Policy describes the Rithum practices for gathering, storing, using and disseminating information of Users. By visiting this Website and using the Resources you agree to be bound by the terms and conditions of this Privacy Policy. If you do not agree with the terms and conditions set forth below, please do not use or access the Rithum Resources. By using the Resources, you expressly consent to the use and disclosure of your personal information as outlined below. This Privacy Policy may be changed from time to time. All changes will be posted to this URL and you are encouraged to periodically check back to this URL for any changes to the Privacy Policy. The “Effective Date” legend at the bottom of this Privacy Policy indicates when it was last revised. Any changes will become effective when we post the revised Privacy Policy on our Website. By continuing to use the Resources after any posted revision, each User agrees to abide by it. This version supersedes any previous draft.

  1. INFORMATION COLLECTION

All Users. When you visit this Website, Rithum may collect automatically submitted information regarding your computer and connection, including previous and subsequent URL, IP address, and page viewing data. Rithum will collect any comments you may send to Rithum and any information you may post to the Resources or a Rithum Client site powered by Rithum. Rithum may also collect information through the use of Cookies (as defined below). Rithum electronically collects and stores personal information you provide when you: (1) register with Rithum, (2) become a Rithum Client or business partner, (3) participate in the purchase for a product listed or sold by a Rithum Client, (4) visit a product page of, or complete a checkout page to purchase, a product of a Rithum Client after clicking on an ad served by Rithum for that Rithum Client, (5) provide comments or submit a problem to Rithum or a Rithum Client, (6) request information from Rithum and provide your name or return contact information, (7) respond to special offers, contests or surveys; or (8) apply for employment with Rithum. Rithum may collect and associate the various types of information described in this paragraph, including information gathered from your visits and interactions with our Website over time, to record your preferences, make the Website easier for you to use, and show you relevant content. At this time, this Website does not respond to browser “do not track” signals. Rithum Clients may choose whether or not to respond to such signals on their own web properties and Rithum has no control over such choices.

Applicants for Employment. Individuals who apply for employment with Rithum will be required to upload a resume or CV and provide their name, mailing address, email address, desired salary information, and work authorization status. Applicants can optionally include a cover letter and information about their social media and communication profiles.

Shoppers and Rithum Clients. Rithum may, on behalf of and at the direction of Rithum Clients using certain Services, electronically collect and store certain personal information about Shoppers, which may include IP address, name, email, billing and shipping addresses, purchasing information, product information, and product order information. In addition, Rithum may, on behalf of and at the direction of Rithum Clients using certain Services, also collect information about Shoppers’ bidding, buying and selling histories as well as third party comments regarding Shoppers’ bidding, buying, and selling behaviors. Bidding and buying history may specifically include Shoppers’ histories with respect to any failure to complete sales on winning bids. As part of a registration or checkout process for certain Services, Shoppers may be asked to provide contact and billing information and other personal information. Providing some of the requested information is optional, as indicated at the point of collection; however, such information may be needed to make a purchase from a Rithum Client or for Rithum to provide the Services. Rithum Clients may be required to provide Rithum with personal information such as name, title, company name, physical address, e-mail address, telephone number, payment information, bank information, username, and password.

III. COOKIES

“Cookies” are small data files that may be placed on the hard drive of your computer when you visit this Website or a Rithum Client site powered by Rithum. Cookies permit the Rithum server to identify your browser whenever you interact with this Website or a Rithum Client site powered by Rithum. Rithum uses cookies to improve the functionality of this Website, to recognize repeat visits by visitors of this Website, and to collect information about its visitors’ interactions with the Services. These Cookies contain identification information that enables us to streamline your experiences using the Services and this Website. These cookies may be placed by Rithum or by select third party partners we collaborate with. To learn more or to opt out of placement of these cookies, visit the Network Advertising Initiative website or Digital Advertising Alliance website. You are always free to set your browser software to decline cookies. However, if you decline cookies, you will be required to re-enter your login information each time you access the Services, and you may not be able to optimize the features of this Website or the Services. In some cases, you will not be able to access certain features of this Website or the Services if cookies are disabled. By agreeing to accept cookies from this Website or a Rithum Client site powered by Rithum, the following types of cookies could be placed on your computer.

  • Social Media Cookies: These cookies are used to integrate the Website with popular social media sites (Facebook, Twitter, etc.). Social Media cookies allow visitors to share content quickly and easily with their social networks.
  • Analytics Cookies: These cookies are used to measure website traffic and activity.
  • Advertising Cookies: These cookies help correlate online advertising to a website visitor’s interests by displaying marketing messages that are relevant to a visitor based on a visitor’s browsing history and preferences.
  • Sales Tracking Cookies: These cookies help correlate visits and sales on Rithum Client associated retailer websites.
  1. USE AND DISCLOSURE INFORMATION

Data Integrity; Choice. Rithum will use personal information only in ways that are compatible with the purposes for which it was collected or subsequently authorized by a User or to investigate and address technical issues. Rithum will take reasonable steps to ensure that such information is relevant to its intended use, accurate, complete, and current. Rithum will: (a) notify Users if their personal information is to be disclosed to a third party or used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the User; and (b) provide the User with the opportunity to opt out. Customer Clients can utilize the Rithum application to remove Shopper personal information pursuant to any request that they receive from Shoppers to opt-out. Rithum collects aggregate analytics information related to use of the Rithum Services by Users (such as log and configuration data). We use this information to understand how the Services are being configured and used, how they can be improved for the benefit of Users, and to develop new Services.

Other Disclosures. Rithum may disclose a User’s personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements, or if Rithum has a good faith belief that such disclosure is necessary to protect and/or defend the rights and interests of Rithum or others. Rithum may, as permitted by applicable law, disclose your personal information to Rithum Clients, other Users or third parties in connection with an investigation of fraud, infringement, piracy or other unlawful activity and by using the Resources, you expressly authorize Rithum to make such disclosures.

Domestic and International Use. All personal information collected by Rithum may be: (1) used in the United States; (2) transferred to the United States for use of the Services by a foreign Rithum Client if the Services are undertaken by Rithum for a Client; or (3) transferred to a Rithum location or Client outside of the United States. You consent to any such transfer of information outside of your country.

Merger or Acquisition. If Rithum is merged into or acquired by another entity, personal information may be transferred to such entity as a part of the merger or acquisition. Should such a transaction occur, we will require that the other entity follow this Privacy Policy or one substantially similar.

  1. USE AND DISCLOSURE OF PERSONAL INFORMATION FROM SHOPPERS AND RITHUM CLIENTS

Shopping Experience. If you are a Shopper, we share personal information about you with the associated Rithum Client in order to assist you with the bidding and buying process as well as to assist Rithum Clients with the marketing, selling, and fulfillment process. Rithum will retain your information at Rithum to support the transaction. If you are a Shopper, you are encouraged to review the privacy policies of the Rithum Clients and/or websites that provide the products or services related to your bid or purchase. Shoppers should contact these Rithum Clients and/or websites directly and review their privacy policies should you have questions concerning their use of your information such as, for example, communications you may or may not wish to receive.

Customer Support. Contact information provided by a User in connection with problems, comments, or requests is used only to respond to those problems, comments, or requests and may be provided to Rithum Clients or third parties as necessary to respond to the comment, problem, or request.

Rithum’s Provision of Services to Rithum Clients. As part of the Services Rithum provides to Rithum Clients, Rithum may use a Shopper’s information to provide updates and for other business purposes related to making available the features and functions of the Services. Rithum will abide by requests from you to discontinue such use, and in doing so, Rithum may provide your personal information to Rithum Clients or third parties as necessary to respond to your request. As a Shopper, if you receive communications directly from a Rithum Client, you should contact the Rithum Client directly concerning such communications and review their privacy policies.

Providing Your Information to Third Parties for Marketing/Solicitation (Shoppers). If you are a Shopper, Rithum does not sell your personal information to third parties for purposes of marketing or soliciting you, provided however, we may share personal information with a third party in order to provide the related services to Rithum Clients. To the extent that Rithum Clients (for example, a seller of an item you purchased) have access to your personal information as a result of your bidding or buying, where Rithum provides your information to Rithum Clients as part of a transaction you may be involved in with such Rithum Client, these entities may solicit or market to you in accordance with their policies. As a Shopper, you are encouraged to review the privacy policies of the Rithum Clients that provide the products or services related to your bid or purchase. You should contact Rithum Clients directly and review their privacy policies should you have questions concerning their use of your personal information such as, for example, communications you may or may not wish to receive.

Providing Your Information to Third Parties for Marketing/Solicitation (Rithum Clients and Website visitors). If you are a Rithum Client or Website visitor, Rithum may provide certain of your registration information to third parties for use in marketing and in designing or providing their own services, to send you information about its products and to notify you if you win a contest. You may opt out of Rithum providing such information to third parties at any time by updating your Personal Account Settings or by contacting Rithum. You should contact the third party directly who may already be sending you messages in order to request that these communications stop, and to review their privacy policies.

Bidding, Buying, Selling History. Rithum may use any information collected related to a Shopper or Rithum Client’s browsing, bidding, buying or selling history to generate recommendations and predictions related to likelihood of your willingness to complete a bid or purchase a product and may submit such history and recommendations to Rithum Clients.

  1. ACCESS, REVIEW AND MODIFICATIONS TO YOUR PERSONAL INFORMATION

If you either (i) have opted to receive marketing information from Rithum, or (ii) are a User residing in the European Union or EFTA States, you may lodge a request regarding your personal information by contacting Rithum by filling out the form below. You can also ask us to specify what personal information we have about you and to delete certain personal information about you from our records, or request to receive an electronic copy of your personal information for purposes of transmitting it to another company (to the extent this right to data portability is provided to you by applicable law). Please let us know what information you would like us to remove from our databases or otherwise let us know what limitations you would like to put on our use of your personal information. For your protection, we may only implement requests with respect to the personal information associated with the particular email address that you use to send us your request. We will need to verify your identity before implementing your request, and you shall provide us with information that we may reasonably need to perform such verification. We reserve the right to share this information with third parties on a need-to-know basis, including third party data controllers who engage our services as a data processor. We, or the relevant data controller, will respond to your requests consistent with applicable law, and we will comply with your request as soon as reasonably practicable. Please note that we may need to retain certain personal information for record keeping purposes and/or to complete any transactions that you began prior to your request for as long as needed or permitted in light of the purposes for which it was obtained. The criteria used to determine our retention periods include the length of time we have an ongoing relationship with you and provide our services to you, our legal obligations or whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations).There may also be residual information that will remain within our databases and other records, but such residual information will no longer be tied to your identity. You should contact the Rithum Client (for example, the seller of an item you have purchased) directly in order to access, modify, or update your personal information with them.

VII. ADDITIONAL INFORMATION FOR CALIFORNIA RESIDENTS

Rithum is committed to compliance with the California Consumer Privacy Act (“CCPA”), which allows residents of the State of California to remain informed about how Rithum handles information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household (“California Personal Information”) that we have collected from you in any preceding 12-month period. Specifically, this policy discloses the categories of California Personal Information that we collect, use, and disclose in the provision of our services to you. For California consumers, the provisions of this Section VII prevail over any conflicting provisions in other sections of this Privacy Policy.

Collection of Information. The section above entitled Information Collection discloses the categories of California Personal Information that we collect, which include your account and profile information, your content, your communications with us, and information about your activity and engagement with the Rithum platform(s).

Use and Disclosure. The sections above entitled Cookies, Use and Disclosure Information, and Use and Disclosure of Personal Information from Shoppers and Rithum Clients disclose that the categories of California Personal Information we collect are used for business purposes, to provide our services, to comply with applicable law, and to prevent misuse of the

Resources. We only share your California Personal Information with service providers, affiliates, law enforcement authorities, and as needed with third parties to provide our services. We do not sell and, within the last 12 months, we have not sold, California Personal Information.

  • Right to Request. California consumers have the right to make the following requests of Rithum regarding their California Personal Information:
    • Deletion. You have the right to request the deletion of California Personal Information that we have collected about you.
    • Copy and Right to Know. You have the right to request a copy of the specific pieces of California Personal Information that we have collected about you over the past 12 months, including the categories of information, sources, and purposes of collection, as well as categories of third parties we have shared it with.

You may request to exercise these rights by:

  • Calling us toll-free at 1-877-822-4341;
  • Emailing us at dataprivacyteam@rithum.com; or
  • By completing our request form available below.

As required under applicable law, please note that we will take steps to verify your identity before granting you access to information or acting on your request to exercise your rights. We may require you to provide your email address to verify your identity in response to exercising requests of the above type. You will, therefore, need access to your email account to receive our communications necessary to process your request. Please make sure to check your spam inbox to ensure these important communications are not missed. We may limit our response to your exercise of the above rights as permitted under applicable law.

  • Designated Agent. You may designate an agent to make a request on your behalf. That agent must have access to your account in order for us to verify the request. You may make such a designation by providing the agent with written permission to act on your behalf. We will require the agent to provide proof of that written permission. As permitted by law, we may require you to verify your own identity in response to a request, even if you choose to use an agent.

Non-Discrimination. Rithum will never discriminate against you, including by denying or providing a different level or quality of services should you choose to exercise your options under the CCPA.

Click here to view Rithum’s annual reporting on consumer requests received.

VIII. LINKS TO OTHER SITES

As a part of the Services, Rithum provides links to web sites operated by third parties. Rithum is not responsible for the information collection or privacy practices or the content of those third party sites. Users should check the privacy policies of any site prior to use.

  1. SECURITY

Rithum treats data as an asset and therefore stores personal information it obtains using appropriate safeguards. To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of information, Rithum has put in place appropriate physical, electronic, and managerial procedures to protect personal information in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction. However, third parties may unlawfully intercept or access transmissions, and others may abuse or misuse your personal information that they collect from the Resources. You should consider any communication that you transmit to Rithum (such as data, questions or answers, comments, or suggestions) as non-confidential, and agree that Rithum will not be liable or responsible if information that belongs to you is intercepted and used by an unintended recipient. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify our Privacy Officer using the contact details listed in this Privacy Policy.

  1. CHILDREN

Rithum uses reasonable efforts not to collect, use or disclose personal information from children under the age of 16. The Services are not targeted at children, and children may not register for any of the Services.

  1. FURTHER INFORMATION; ENFORCEMENT

Rithum has established internal mechanisms to verify its ongoing adherence to this Privacy Policy. Rithum also encourages Users to raise any concerns or complaints about our processing of personal information by contacting Rithum. Rithum will seek to resolve any concerns. If you have any questions about anything in this Privacy Policy, or about collection of personal information, or information generally, please contact Rithum as follows:

Rithum Corporation
Attn: Legal Department – Privacy Officer
3025 Carrington Mill Blvd., Suite 500
Morrisville, NC 27560
Phone: 919-228-4700
Fax: 866-225-3085
Email: dataprivacyteam@rithum.com

For Users located in Australia:

Rithum (AU) Pty Limited
Attn: Legal Department – Privacy Officer
Level 1, 2 Stawell Street
Richmond, Melbourne
Australia 3121
Phone: +61 3 8845 6505
Email: dataprivacyteam@rithum.com

You may also use the above contact information if you think any information about you is inaccurate, incomplete, or if you want to change the sort of information about you that Rithum may have collected.

If you are located in the European Union or EFTA States, and you wish to raise a concern about our use of your information (and without prejudice to any other rights you may have), you have the right to do so with your local supervisory authority.

Section Headings. The section headings contained herein are for reference purposes only and shall not in any way affect the meaning or interpretation of this Privacy Policy.

Privacy Shield. Rithum participates in the EU-U.S. Privacy Shield Framework designed by the U.S. Department of Commerce and European Commission. Rithum is committed to subject to the Privacy Shield Principles all personal data received from the EU in reliance on the Privacy Shield; Rithum’s certification can be found here. Rithum entities adhering to the Privacy Shield include Rithum Corporation and CA Washington, LLC. For personal information received by Rithum from Users in the EU, Rithum adheres to the following additional principles:

Dispute Resolution. Complaints based on human resources data of Rithum employees and job applicants in the EU that cannot be resolved between Rithum and a User will be referred to EU Data Protection Authorities. All other complaints concerning Rithum’s Privacy Shield compliance should be directed to: dataprivacyteam@rithum.com. Rithum will respond in forty-five (45) days. If Rithum fails to respond within that time or if Rithum’s response fails to address your concern, you may contact the American Arbitration Association, which provides an independent third-party dispute resolution body based in the United States. The American Arbitration Association will respond to your complaint and provide appropriate recourse at no cost to you. If neither Rithum nor the American Arbitration Association resolves your concern, you may have the right to invoke binding arbitration through the Privacy Shield Panel.

Transfers to Third Parties. When Rithum uses other third parties to perform Services on its behalf or otherwise transmits personal information to third parties, Rithum will require the third party to treat personal information consistent with this Privacy Policy and the EU-U.S. Privacy Shield Framework, and Rithum may be liable if such third parties fail to meet those obligations or if Rithum is responsible for the event giving rise to the harm.

Rithum’s Privacy Shield compliance is subject to the investigatory and enforcement powers of the Federal Trade Commission.

If you have a privacy-related question or request regarding data held by Rithum please use the form below to contact us. Note that if you are making a data subject access request, or DSAR, we need all the information below completed in order to handle your request.