Privacy Policy - Groupon Merchant

GROUPON INTERNATIONAL LIMITED PRIVACY STATEMENT FOR MERCHANTS

Effective Date: April 1, 2022

This Privacy Statement (“Privacy Statement”) explains how Groupon International Limited, WeWork Central Plaza, 36 Dame Street, Dublin D02 EF64 Ireland and certain affiliated entities listed in the ‘Contact Us’ section at the end of this Privacy Statement ( “us”, “our”, and “we”), collect, control, process and use information about you (which we refer to throughout this Privacy Statement as “personal data”). For the avoidance of doubt, “personal data” in this context means data about individuals (not companies) and includes information, or a combination of pieces of information that could reasonably allow you to be identified.

Groupon International Limited is the operator of this website, and, together with its affiliates, a provider of a range of services. We provide a platform (including this website) through which you can contact and register with us for the purposes of doing business with us.

This Privacy Statement applies to: (a) information we collect through our websites, mobile applications, electronic communications or services, social networking sites, or any individual, business partner-specific, merchant-specific, city-specific, or other area-specific websites we offer that link to or reference this Privacy Statement (collectively, the “ Site”); (b) information you provide to us in any contractual documents you are required to sign that link to or reference this Privacy Statement; and (c) any other information you provide to us in a different format, for example, over the telephone. Throughout this document, we will refer to us and any additional affiliates not mentioned in the addendum as the “Groupon Group”.

Personal Data We Use

Information we collect directly from you

We will collect the following information directly from you when you interact with us through the Site:

Authentication and identification information, such as your name, email address, phone number, physical address, business website or Facebook page details and password, if you register to create a Groupon Merchant Account. This information is necessary for us to create an account for you and for us to comply with our obligations to you under the Terms of Use. If you do not provide this information, we will not be able to create an account or provide our full range of account services to you;
Basic personal details (e.g. your name, date of birth or your email address if you choose to subscribe for updates from Groupon);
Bank details, in the event that you enter into a contract with us, to ensure we are able to pay you. This information is necessary for us to pay you in accordance with our contract with you, and if you do not provide it we will not be able to pay you;
Details about offers, vouchers and products which you place on the Site for purchase by our customers, including details of how many times these offers were purchased;
other information you actively send to us (e.g., via email or via instant messenger chats with our business consultants).

Some information we collect is necessary for us to provide our services or meet our legal obligations. We will make this clear when we collect that information from you.

We will also automatically collect personal data using cookies and similar technologies when you interact with the Site via your computer, mobile device or other device. This personal data includes the following:

Your location. In the case of location information from the GPS on your device, we will only collect this where you have provided your consent;
Analytics data, including information about how you interact with the Site and emails we send to you, such as whether you opened or forwarded the email or clicked on links contained in the email and the country where you are located, your website browsing preferences and how you interact with our ads or other content on other pages online (e.g., through cookies and other types of device identifiers);
Device Data, such as MAC address, accelerometer data, bluetooth data and advertising identifiers)

You can find detailed information about our use of cookies in our Cookies Policy.

Information we collect from other sources

We may obtain personal data and other online and offline information from publicly available sources, such as your website and LinkedIn profiles and similar sites. The categories of information we collect from these other sources include:

Business name
Business address
Business website
Business phone number

We will collect the personal data described above at various stages in your relationship with us, for example, when you:

register, subscribe, authorise the transfer of, or create an account with us;
open or respond to emails from us;
provide information to enter into a contractual agreement with us or as necessary to provide services you have requested.

How We Use Your Personal Data And The Basis On Which We Use It

We use your personal data to:

Provide the services we offer as set out in the merchant agreement, including allowing you to place offers, promotions, products and services for purchase on the Site.
Operate, maintain and improve the Site by analysing how you and our other merchants use it. This is to meet our legitimate business interests in providing the Site and ensuring that it provides the best experience for our merchants;
Provide you with access to the Groupon Merchant Center and/or other tools to enable you to better manage certain promotions you run with us and receive information relating to the same;
Contact you to discuss existing or potential future commercial agreements;
Carry out marketing, which may involve sending you direct marketing messages and other communications that may be of interest to you via email. We will either send these messages on the basis that you have consented to receiving them or, where permitted by applicable law, to meet our legitimate interests in showing you which of our products and services are most relevant to you;
Answer your questions and respond to your requests, for example in the context of providing services to you. This is to meet our contractual commitments to you where these questions or requests are part of the process of buying goods from or providing services to you, and in other cases to meet our legitimate interests in providing a good service to our merchants;
Send you reminders, technical notices, updates, security alerts, support and administrative messages, service bulletins, and requested information. This is to meet our legitimate interests in managing our relationship with you effectively;
Manage our everyday business needs, such as administration of the Site, forum management, fulfillment, analytics, fraud prevention, and enforcement of our corporate reporting obligations and Terms of Use or to comply with the law;
Comply with our legal obligations, resolve disputes, and enforce our agreements. We do this where necessary to comply with legal obligations to which we are subject, or to meet our legitimate interests in enforcing our legal rights and resolving disputes.

We must have a legal basis to process your personal data. In most cases the legal basis will be one of the following and/or as described immediately above:

to fulfil our contractual obligations to you, for example to provide the services, to ensure that invoices are paid correctly, and to fulfil our commitments to you under our Terms of Use.
to comply with our legal obligations, for example obtaining proof of your identity to enable us to meet our anti-money laundering obligations.
to meet our legitimate interests, for example to understand how you use our services and to enable us to derive knowledge from that enable us to develop new services. When we process personal data to meet our legitimate interests, we put in place robust safeguards to ensure that your privacy is protected and to ensure that our legitimate interests are not overridden by your interests or fundamental rights and freedoms.

We may obtain your explicit consent to collect and use certain types of personal data when we are required to do so by law (for example, in relation to our direct marketing activities, or when we process sensitive personal data). If we ask for your consent to process your personal data, you may withdraw your consent at any time by contacting us using the details at the end of this privacy notice.

Information Sharing

We may share your personal data with third parties in the following circumstances:

Service providers and business partners. We may share your personal data with our service providers and business partners that perform marketing services and other business operations for us. For example, we may partner with other companies to process secure payments, fulfil orders, optimize our services, send newsletters and marketing emails, support email and messaging services and analyse information. We may also use third parties to report or collect on debts owed to us.
Groupon Group Companies. Groupon International Limited is owned by Groupon, Inc. which has its registered offices at 35 W Wacker Dr., FL 25, Chicago, IL 60601, USA. We work closely with Groupon, Inc. and other businesses and companies that fall under the Groupon family. We may share certain information with Groupon, Inc. and other Groupon group companies for the purposes set out in this privacy statement;
With Customers, via our publicly available customer-facing website, to enable customers to contact you, unless you have provided us with preferred alternative customer-facing contact details for your business that do not constitute personal data;
Asset purchasers. We may share your personal data with a third party in case of a merger, acquisition or reorganisation with a purchaser of our company or all or substantially all of our assets;
Law enforcement agency, court, regulator, government authority or other third party. We may share your personal data to comply with legal orders and government requests, or as needed to support auditing, compliance, and corporate governance functions, where this is necessary to comply with these legal obligations. We may also share it:
- to combat fraud or criminal activity, and to protect our rights or those of our affiliates, business partners and users, or as part of legal proceedings affecting the Groupon Group, as it is in our legitimate interests to prevent fraud and protect these rights;
- in response to a subpoena, or similar legal process, including to law enforcement agencies, regulators, and courts, to the extent this is necessary to comply with such legal obligations; or
- in response to a request from lawyers representing customers engaged in a legal dispute with you, which arises from services provided to such customers pursuant to redemption of a Groupon voucher, as it is in our legitimate interest to prevent any legal action being taken to compel us to disclose the data.

Because we operate as part of a global business, the recipients referred to above may be located outside the jurisdiction in which you are located (or in which we provide the services). See the section on “International Data Transfer” below for more information.

Information Security and Storage

We implement technical and organisational measures to ensure a level of security appropriate to the risk to the personal data we process. These measures are aimed at ensuring the on-going integrity and confidentiality of personal data. We evaluate these measures on a regular basis to ensure the security of the processing.

We will retain your personal data for as long as your merchant account is active or for as long as we have a relationship with you. Once our relationship with you has come to an end, we will retain your personal data for a period of time that enables us to:

Maintain business records for analysis and/or audit purposes
Comply with record retention requirements under the law or for financial reporting purposes
Defend or bring any existing or potential legal claims or disputes
Deal with any complaints regarding the services

International Data Transfers

In a number of the cases set out above, your personal data may be transferred to, stored and processed in a country that may not be considered as providing the same level of protection for personal data under European or UK law. In such cases, we put in place appropriate safeguards, including contractual commitments on recipients of the data, to ensure that there is adequate protection for your personal data. For more information about the safeguards in place and to view a copy of such safeguards, please contact us using the details below.

Your Rights Over Your Personal Data

You have certain rights regarding your personal data, subject to local law. These include the following rights to: (i) request access to any personal data we hold about you, (ii) request that it be updated, rectified, deleted or blocked, (iii) object to the further use of any personal data we hold about you, (iv) request that we restrict our processing of your personal data, and (v) request to receive your personal data in a usable electronic format and transmit it to a third party (the right to ‘data portability’).

If you would like to make use of any of the above rights or any other rights in relation to your personal data, please send an email to privacy@groupon.co.uk.
We are committed to working with you to obtain a fair resolution of any request, complaint or concern about our use of your personal data. If, however, you believe that we have not been able to assist you, you have the right to make a complaint to the data protection authority or the data protection regulator in the country where you usually live or work, or where an alleged infringement of the General Data Protection Regulation has taken place. The United Kingdom data protection authority is the Information Commissioner’s Office (www.ico.org.uk).

Privacy Practices of Third Parties

This Privacy Statement only addresses the collection, processing and use (including disclosure) of information by us through your interaction with the Site. Other websites that may be accessible through links from the Site may have their own privacy statements and personal data collection, processing, use, and disclosure practices. Our business partners may also have their own privacy statements. We encourage you to familiarise yourself with the privacy statements provided by these other parties prior to providing them with information or taking advantage of a sponsored offer or promotion.

Contact Us

Groupon International Limited is the primary controller responsible for the personal data we collect and process via the Site. If you have any questions or comments about our privacy practices or this Privacy Statement, please contact our Data Protection officer at dpo@groupon.com or privacy@groupon.co.uk. For all other requests regarding your account, please contact your Groupon Business Consultant.

You can also reach us via postal mail at the following address:

Groupon International Limited, WeWork Central Plaza, 36 Dame Street, Dublin D02 EF64 Ireland.

Please note also that other affiliated entities of Groupon International Limited may also act as controller/s of your personal data, depending on your location, how you interact with us and the type of business that you do or want to do with us. We have set out details of those entities below and an explanation of when they will likely be processing your data. In addition to the addresses listed below, each of these entities can be contacted by email to dpo@groupon.com or privacy@groupon.co.uk.

If you sell or want to sell goods to us then, in addition to Groupon International Limited, the controller of your personal data will be Groupon Goods Global GmbH, a company registered in Switzerland (company registration number CHE-497.202.638) with its registered office at c/o Bovadis Partner Treuhand AG, Herrenacker 15, 8200 Schaffhausen, Switzerland.

If you make available or want to make available travel-related services or hotel accommodation to our customers then, in addition to Groupon International Limited, the controller of your personal data will be Groupon International Travel GmbH, a company registered in Switzerland (company registration number CHE-180.110.104) with its registered office at c/o Bovadis Partner Treuhand AG, Herrenacker 15, 8200 Schaffhausen, Switzerland.

If you make available or want to make available any other service to our customers then, in addition to Groupon International Limited, the controller of your personal data will be one or more of the following entities, depending on the location of the customers you wish to target:

Belgium: Groupon Srl, a company registered in Belgium (company registration number BE0825606590) with its registered office at Brussels Regus South Station, 4th floor, South Center Titanium, Marcel Broodthaers Square 8, Brussels, 1060.

France: Groupon France SAS, a company registered in France (company registration number 519 737 357) with its registered office at 6 Place de la Madeleine, 75008 Paris.

Germany: Groupon GmbH, a company registered in Germany (company registration number HRB 123512 B) with its registered office at Spaces Spindlershof, Wallstraße 9-13,10179 Berlin.

Ireland: Groupon-Citydeal (Ireland) Limited, a company registered in Ireland (company registration number 487815) with its registered office at WeWork Central Plaza, 36 Dame Street, Dublin D02 EF64.

Italy: Groupon S.r.l., a company registered in Italy (company registration number 06964760968) with its registered office at Via San Marco 21, 20121 Milan, Italy.

Netherlands: Groupon Netherlands B.V., a company registered in the Netherlands (company registration number 14130545) with its registered office at Strawinskylaan 1647 (Tower 7) 1077 XX, Amsterdam.

Poland: Groupon Sp. Z.o.o, a company registered in Poland (company registration number 0000310218) with its registered office at Al. Jerozolimskie 123A, 02-017 Warszawa.

Spain: Groupon Spain S.L.U., a company registered in Spain (company registration number M-490640) with its registered office at Calle del Pintor Juan Gris 4, 1a Planta, 28020 Madrid.

United Kingdom: MyCityDeal Limited, a company registered in the United Kingdom (company registration number 7112363) with its registered office at Floor 11, Aldgate Tower, 2 Leman Street, London E1 8FA.

Changes To The Privacy Statement

We will routinely update this Privacy Statement to clarify our practices and to reflect new or different privacy practices, such as when we add new services, functionality or features to the Site. If we make any material changes we will notify you, either by email (sent to the email address specified in your account), by means of notice on the Site or otherwise. You can determine when this version of the Privacy Statement was adopted by referring to the “Effective Date” above.