Privacy Policy

1. Definitions

• "Software User" means a business, such as a winery, that installs or uses one of our Apps, and "Authorized Users" are the people a Software User permits to use the Apps on its behalf.
• "Customer Data" means personal information about a Software User's customers, club members, and other individuals that our Apps process on the Software User's behalf, whether it comes from the Software User's Commerce7 account or is uploaded by the Software User.
• "Personal information" means information that identifies, relates to, or could reasonably be linked to an individual.

2. Our Role

Customer Data. Each Software User decides what Customer Data our Apps process and for what purposes. For Customer Data, the Software User is the controller (or "business"), and MarsBytes acts as its processor (or "service provider"), processing Customer Data only on the Software User's instructions, which include installing an App and configuring its features. The Software User's own privacy policy governs how it handles its customers' information. If you are a customer of a winery that uses our Apps, please contact that winery with questions or requests about your information.

Account and website information. MarsBytes is the controller of the information we collect to manage Software User accounts, provide support, and operate our website.

3. Information We Collect

3.1 Account Information

When a Software User installs an App, we receive information about the business and its Authorized Users from Commerce7, such as the business name, Commerce7 tenant identifier, and Authorized User names and email addresses. We also store App settings and any credentials the Software User provides to connect other services, such as ShipStation API keys.

3.2 Customer Data

Depending on the App and the features a Software User enables, our Apps may access and store Customer Data through the Commerce7 API, such as names, email addresses, phone numbers, postal addresses, birth dates, club membership details, order and product information, tags, and custom fields.

3.3 Files and Reports

Software Users may upload files, such as spreadsheets of products, inventory, or membership lists, and our Apps may generate reports from Customer Data. These files and reports may contain personal information.

3.4 Support Communications

When you contact us, we collect the information you provide, such as your name, email address, and the contents of your message and any attachments.

3.5 Technical and Log Data

Our Apps and servers automatically record technical information needed to operate and secure our services, such as IP addresses, request details, timestamps, and error logs. Logs may occasionally include limited Customer Data, such as an email address in an error message, and are kept only as long as needed for troubleshooting and security.

4. How We Use Information

We use information to:

• Provide, operate, and maintain the Apps, including the features each Software User enables;
• Provide customer support and respond to requests;
• Troubleshoot problems, monitor performance, and fix bugs;
• Protect the security and integrity of our services and prevent fraud and misuse;
• Improve our Apps and develop new features;
• Send service-related notices, such as updates, security alerts, and administrative messages; and
• Comply with legal obligations and enforce our Terms of Use.

We use Customer Data only to provide our services to the Software User it belongs to, as described in this Privacy Policy and our Terms of Use. We do not use Customer Data for advertising or to build profiles for our own purposes.

5. How We Disclose Information

We disclose personal information only in the following circumstances:

5.1 At a Software User's Direction

Some App features send information to other parties when a Software User turns them on or configures them. For example, Wine Pass shares club membership information with other wineries in a group the Software User joins, and its Customer Copy feature creates customer records at participating wineries; ShipStation Custom Store sends order and shipping information to the Software User's ShipStation account. We make these disclosures only as the Software User instructs. Once received, the information is handled by the recipient under its own privacy practices, which we do not control. Each Software User is responsible for ensuring that it has the rights, notices, and consents needed to share information this way, consistent with its own privacy policy and applicable law, as described in our Terms of Use.

5.2 Commerce7

Our Apps read and write information in the Software User's Commerce7 account through the Commerce7 API as part of providing the Apps. Commerce7's handling of that information is governed by its own terms and privacy policy.

5.3 Service Providers

We use a limited number of vendors to host and operate our services, such as cloud hosting and database services (DigitalOcean), transactional email delivery (Resend), and application logging and monitoring (Better Stack). These providers process information only on our behalf, as needed to provide their services to us, and are required to protect it.

5.4 Legal Requirements and Protection of Rights

We may disclose information if we believe in good faith that it is necessary to comply with a law, regulation, legal process, or enforceable governmental request; to enforce our agreements; or to protect the rights, property, or safety of MarsBytes, our Software Users, or others.

5.5 Business Transfers

If MarsBytes is involved in a merger, acquisition, financing, reorganization, or sale of all or part of its business or assets, information may be transferred as part of that transaction. Any successor will be required to handle the information consistently with this Privacy Policy.

5.6 No Sale of Personal Information

We do not sell personal information, and we do not share personal information for cross-context behavioral advertising (targeted advertising). We have not done so in the past, ever.

6. Data Security

We use administrative, technical, and physical safeguards designed to protect information, including encryption in transit and at rest, and access controls that limit access to people who need it to provide our services. No method of transmission or storage is completely secure, so we cannot guarantee absolute security. If we become aware of a security incident affecting Customer Data, we will notify the affected Software Users without undue delay and as required by applicable law.

7. Data Retention

We keep Customer Data for as long as the Software User has the App installed and as needed to provide it. After a Software User uninstalls an App, we delete or de-identify the associated Customer Data within a reasonable period, generally within 30 days, unless we are required to keep it longer by law. Copies in backups are deleted on our regular backup cycle. We keep account information and support communications for as long as needed for the purposes described in this Privacy Policy, such as maintaining business records and resolving disputes. A Software User may contact us to request earlier deletion.

8. Where We Process Information

MarsBytes is based in the United States, and we and our service providers store and process information in the United States. If information is transferred from another country, we rely on the Software User's authorization under our Terms of Use and, where required, will work with the Software User to put appropriate safeguards in place.

9. Your Privacy Rights

Depending on where you live, including California and other U.S. states with privacy laws, or the European Economic Area, United Kingdom, or Switzerland, you may have the right to request access to, correction of, deletion of, or a copy of your personal information; to object to or restrict certain processing; and to withdraw consent where processing is based on consent.

• Customers of a winery: because Customer Data belongs to the winery, please send your request to the winery. If you contact us, we will refer your request to the relevant Software User and help it respond as required by law.
• Software Users and other individuals: email us at the address below. We may need to verify your identity before responding. You may use an authorized agent where the law allows, and if we deny your request, you may appeal by replying to our decision.

We will not discriminate against you for exercising your privacy rights. If you are in the EEA, UK, or Switzerland, you may also lodge a complaint with your local data protection authority.

10. Cookies and Tracking

Our website does not use advertising cookies or third-party analytics, and we do not track visitors across other websites. Because of this, we do not respond differently to Do Not Track or Global Privacy Control signals. Our Apps use only the information needed to authenticate Authorized Users within Commerce7 and do not use tracking or advertising cookies.

11. Children's Privacy

Our services are intended for businesses and are not directed to children. We do not knowingly collect personal information from children under 16. If you believe a child has provided us with personal information, please contact us and we will delete it.

12. Changes to This Privacy Policy

We may update this Privacy Policy from time to time. We will post the updated version on this page with a new "Last updated" date, and if the changes are material, we will provide additional notice, such as through our Apps or by email.

13. Contact Us

If you have questions about this Privacy Policy or would like to make a privacy request, contact us at support@marsbytesapps.com or by mail at: