Privacy Policy

This Privacy Policy describes how Listagrow collects and uses the information, which may include personal data, you provide on our website or through subscribing to one of our Apps. The Site and Apps are jointly referred to as the 'Services'.

This Privacy Policy applies to owners, employees, representatives, or other individuals acting on behalf of the party to which Listagrow provides the Services. We act in our customers' interest and are transparent about the processing of any personal data.

"Personal data" refers to any information relating to an identifiable individual or their personal identity.

Data Controller

The data controller responsible for your personal data is:

Simpler Software IO. (trading as Listagrow)
2721KA Zoetermeer, The Netherlands
Email: support@listagrow.com

If you have any questions or requests concerning your personal data, please contact us at the address above.

Data Collection

To grant you access and to use our Services, Listagrow requests you to provide the following information, some of which may be personal data:

Contact details

We collect your contact information, such as your first and last name, business email address and address. Optionally: job, workplace and position, and telephone number.

Financial information

We collect data necessary for payment, including for invoicing purposes, such as your billing details and credit card number.

Other

When communicating with Listagrow, Listagrow collects and processes written communications: email and live chat sessions for improving its Services and quality control, which includes the usage of the collected communications for the handling of claims and fraud detection purposes. Collected communications are kept for a limited amount of time and automatically deleted unless Listagrow has a legitimate interest to keep such communications for a longer period, including for fraud investigation and legal purposes.

Data We Collect on Sites Automatically

When using the Services, Listagrow also collects information automatically, some of which may be personal data. This includes data such as:

• IP address
• User-agent (information about the browser type and version)
• User subscription status
• Information in user storage

Listagrow may also collect data automatically through cookies. For information on how we use cookies, refer to the Cookies and Tracking section below.

Data Processing Purposes

We use the information you provide, some of which may be personal data, for the following purposes:

A. Registration and account administration

We use the information to register your property and to allow you and Listagrow to administer and manage the Services offered to you.

B. Providing our Services

We use the information, which may include personal data, to provide our Services, facilitate their performance, and improve the Services and Sites' content related to their usage.

C. Analyze the use of Services

We use the information, which may include personal data, to analyze the volume and history of your use of our Services. We use the derivatives of such analyses to conduct monitoring and reporting of your use of our Services to comply with our Terms of Service ('ToS') and Service Level Agreement ('SLA').

D. Customer Service

We use the information to provide you with customer support and customer success services, such as responding to your requests, questions, and concerns, providing you with best practices for using the Services, and engaging in customer success communications when encountering unusual activities (e.g., spikes) in usage of Services.

E. Marketing/Communications

We use the information to provide you with information that you request, to send our newsletter, marketing communications, and updates about new products and services or other news or offers that we believe will be of interest to you. Where we use your personal data for direct marketing purposes, we include an unsubscribe link that you can use if you don't want us to send messages in the future. We may invite you to attend events we believe may be of interest to you. We may also use your personal data to invite you to participate in referral programs.

F. Analytics, improvements, and research

We use the information, which may include personal data, to conduct research and analysis. We also use the information to assess the needs of your business, to determine suitable products, and to improve our Services and marketing efforts. We may invite you to take part in surveys, such as market research, and to analyze how to improve your experience and the functionality and quality of our Services.

G. Security, fraud detection and prevention

We use the information, which may include personal data, in order to prevent fraud and other illegal or infringing activities when using our Sites as well as our Services. We also use this information to investigate and detect fraud. Listagrow can use personal data for risk assessment and security purposes, including the authentication of users. For these purposes, personal data may be shared with third parties, such as law enforcement authorities, as permitted by applicable law and external advisors.

H. Legal and compliance

In certain cases, Listagrow needs to use the information provided, which may include personal data, to handle and resolve legal disputes or complaints, for regulatory investigations and compliance, to enforce agreement(s), or to comply with lawful requests from law enforcement insofar as it is required by law.

If we use automated means to process personal data that produces legal effects or significantly affects you, we will implement suitable measures to safeguard your rights and freedoms, including the right to obtain human intervention.

Legal Basis

With respect to subsections A to D above, Listagrow relies on the legal basis that the processing of your personal data is necessary for the performance of your agreement with Listagrow. If you do not provide the requested information, Listagrow cannot register your property, allow you to use, administer, and manage the Services, nor can we provide customer service to you.

With respect to subsections E to H above, Listagrow relies on its legitimate commercial business interest to provide its Services to you, to prevent fraud and to improve its Services. When using personal data to serve our commercial business interest, Listagrow will always balance your rights and interests in the protection of your information against Listagrow's rights and interests. For purpose H, Listagrow relies also, where applicable, on compliance with legal obligations (such as lawful law enforcement requests). Where needed under applicable law, Listagrow will obtain your consent prior to processing your personal data for direct marketing purposes.

If you wish to object to the processing set out under D to F and no opt-out mechanism is available to you directly (for instance, in your account settings), to the extent applicable, please contact us at support@listagrow.com.

Data Sharing

We never sell or rent your personal data. The limited cases where your personal data is shared with third parties are described below.

Payment Providers

Billing and payment processing is handled differently depending on the product you use:

• Shopify App: All billing is processed by Shopify through their native billing system. Listagrow does not receive or store your payment card details. Shopify's handling of payment data is governed by Shopify's Privacy Policy.
• SaaS Application: Subscription billing is processed by Stripe, Inc. (USA). Listagrow shares your billing details (name, email, billing address) with Stripe solely to process payments. Stripe does not use this data for any other purpose. You can review Stripe's Privacy Policy for further detail.

Compelled Disclosure

When legally required under EU laws, strictly necessary for the performance of the Services, or to protect our rights, we disclose your information to governmental authorities, including law enforcement (subject to a lawful request), or in legal proceedings.

In addition, Listagrow can disclose your personal data to third parties ONLY if you (or your account administrator acting on your behalf) request or authorize disclosure thereof.

AI Service Providers

To generate product content, Listagrow transmits product content — including product titles, descriptions, and images you submit — to the following third-party AI providers. This product content is not personal data; it is commercial/business information about your products. Your personal account information (name, email, billing details) is never sent to these providers.

• OpenAI, Inc. (USA) — generates product listings via the OpenAI API.
• Google LLC (USA) — analyses and processes product images via the Gemini API.

Under their standard API terms, data submitted via the API is not used to train AI models. You can review OpenAI's EU Privacy Policy and Google's Privacy Policy for further detail. Please ensure your product content does not inadvertently include personal data about individuals (e.g. customer names in descriptions).

Shopify Integration

When you access Listagrow through the Shopify App Store, the app connects to your Shopify store via the Shopify API. The following store data is accessed to operate the service:

• Products: titles, descriptions, images, and variants — to read existing listings and write AI-generated content back to your store.
• Files: product images uploaded to your store.
• Inventory: stock levels and inventory item data.

This store data is used solely to provide the Listagrow service. Product content is passed to the AI providers listed above for generation purposes; no other third parties receive your store data. Shopify's handling of your store data is governed by Shopify's Privacy Policy.

Third-Party Data

To provide its Services, Listagrow captures and stores information, which may include personal data, about you and your end-users uploading materials to Listagrow: (1) IP addresses; (2) request headers; (3) data submitted to the API of our Services.

Listagrow, upon request from you or your account administrator acting on your behalf, may use the data derived from media uploaded by your end-users to (1) detect MIME types; (2) deliver, convert, or otherwise process media upon request to our Services.

You can recover, modify, or delete your data from your Listagrow account at any time through the dedicated procedures provided within its Services.

Listagrow does not sell, share, or rent out data stored in your Listagrow account to third parties, nor does it use them for any purposes other than those outlined in this Privacy Policy.

By using our Services (receiving data from your end-users), you are considered the data controller within the meaning of the GDPR; Listagrow is acting as a data processor. In this capacity, you are responsible in particular for:

• Making all the declarations necessary to the relative data protection authority.
• Complying with all current regulations in force.
• Obtaining the explicit consent of the individuals concerned when collecting their personal data.
• Ensuring your authority to use the personal data collected in accordance with the defined end purposes and refraining from any unauthorized use.

When using our Services to receive media from EU citizens, it is your obligation to ensure that your entire data pipeline complies with the GDPR regulations. When using our Services to receive media from citizens of the California state (USA), it is your obligation to ensure that your entire data pipeline complies with the CCPA regulations.

Data Security

Within the framework of its Services, Listagrow attributes the very highest importance to the security and integrity of information and personal data. Listagrow observes reasonable procedures to prevent unauthorized access to and the misuse of information, including personal data. We use appropriate business systems and procedures to protect and safeguard information, including personal data. We also use security and managerial procedures and industry standard technical restrictions for accessing and using the personal data on our servers. Only authorized personnel are permitted to access personal data in the course of their work.

In accordance with the GDPR and CCPA, Listagrow undertakes to take all pertinent precautions in order to preserve the security of the data and, in particular, to protect them against any accidental or unlawful destruction, accidental loss, corruption, unauthorized circulation or access, as well as against any other form of unlawful processing or disclosure to unauthorized persons.

To this end, Listagrow implements industry standard security measures to protect personal data from unauthorized disclosure. In using industry recommended methods of encoding, Listagrow takes the measures necessary to protect information connected with payments and credit cards.

Listagrow's infrastructure runs on Amazon Web Services (AWS), hosted in the eu-west-1 region (Ireland, EEA). Your personal data is stored within the EEA and never leaves it. AWS operates strictly as an infrastructure provider under our instructions and has no independent right to access or use your data.

Data Breach Notification

In the event of a personal data breach, Listagrow will notify the competent supervisory authority within 72 hours of becoming aware of the breach, where feasible, in accordance with Article 33 of the GDPR. Where the breach is likely to result in a high risk to your rights and freedoms, Listagrow will also notify you directly without undue delay, as required by Article 34 of the GDPR.

If you suspect that your personal data has been compromised, please contact us immediately at support@listagrow.com.

Data Retention

Unless you request to delete your account data, we will retain your information, which may include personal data, for as long as we deem it necessary to enable you to use our Services, to provide our Services to you, to comply with applicable laws, resolve disputes with any parties, and otherwise as necessary to allow us to conduct our business, including to detect and prevent fraud or other illegal activities. All personal data we retain will be subject to this Privacy Policy.

Listagrow in no way undertakes to store all your data indefinitely. You can access data so long as you hold an active account with us and for a period that varies depending on the type of data concerned and the subscribed plan, but in no event no longer than 12 months after the closing of your account. The data may be deleted at any time during active use of your account in accordance with the provisions set forth above.

If you have a question about a specific retention period for certain types of personal data we process about you, please contact us at support@listagrow.com.

Your Choices and Rights

We want you to be in control of how your personal information is used by us. In accordance with the European General Data Protection Regulation 2016/679 (GDPR), the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), and other applicable privacy laws, you can do this in the following ways:

• You can ask us for a copy of the personal information we hold about you.
• You have the right to know whether your personal information is sold or disclosed and to whom.
• You have the right to say no to the sale of your personal information.
• You can inform us of any changes to your personal information, or you can ask us to correct any of the personal information we hold about you. You are also able at any time to modify your personal information by accessing your account settings on our Sites.
• Subject to certain legal exceptions, you can ask us to erase, block, or restrict the processing of the personal information we hold about you or object to particular ways in which we are using your personal information.
• Subject to certain legal exceptions, you can also ask us to send the personal information you have given us to a third party.
• Where we are using your personal information on the basis of your consent, you are entitled to withdraw that consent at any time subject to applicable law. Moreover, where we process your personal information based on legitimate interest or the public interest, you have the right to object at any time to that use of your personal information subject to applicable law.

We rely on you to ensure that your personal information is complete, accurate, and current. Please do inform us promptly of any changes to or inaccuracies of your personal information by contacting support@listagrow.com. Your applications will be processed within 30 days. We may require your application to be accompanied by a photocopy of proof of identity or authority.

In addition, you have the right to lodge a complaint with the data protection authority in your jurisdiction.

California Residents — CCPA / CPRA Rights

If you are a California resident, the CCPA as amended by the CPRA grants you the following additional rights:

• Right to Know: Request disclosure of the categories and specific pieces of personal information we have collected about you, the sources, the business purpose, and the categories of third parties with whom it is shared.
• Right to Delete: Request deletion of personal information we have collected from you, subject to certain legal exceptions.
• Right to Correct: Request correction of inaccurate personal information we hold about you.
• Right to Opt Out of Sale or Sharing: Listagrow does not sell or share your personal information with third parties for monetary consideration or for cross-context behavioural advertising. No opt-out action is required.
• Right to Limit Sensitive Personal Information: Listagrow does not use or disclose sensitive personal information beyond what is necessary to provide the Services.
• Right to Non-Discrimination: We will not discriminate against you for exercising your CCPA/CPRA rights.

To exercise any California privacy right, contact us at support@listagrow.com. We will acknowledge your request within 10 business days and respond within 45 calendar days as required by law.

Cookies and Tracking

As a general rule, Listagrow uses cookies to improve and personalize its Sites and Services and/or measure its audience. Cookies are files saved to your local storage when browsing on the internet and, in particular, on our Sites. A cookie is not used to gather your personal data without your knowledge but instead to record information on site browsing, which can be read directly by Listagrow on your subsequent visits.

You can choose to decline acceptance of all cookies, but your ability to browse certain pages of our Sites may be reduced. The cookies used by Listagrow are intended to enable or facilitate communication, to enable the Services requested by users to be supplied, to recognize users when they re-visit the site, to secure payments that users may make, or other preferences necessary for the service requested to be supplied, and to enable Listagrow, internally, to carry out analyses on hit rates and browsing experience so as to improve content, to track email open rates, click rates, and bounce-back rates at individual levels.

By default, cookies are not installed automatically (except for those cookies needed to run the Listagrow Sites and Services, and you are informed of their installation by a clickable banner with a text description). In accordance with the regulations that apply, Listagrow will require your authorization before implanting any other kind of cookie to your local storage.

When you access third-party sites on our Sites or when you read integration or social media links, cookies can be created by the companies disseminating these links. These third parties may be able to use cookies in the context of Listagrow's Services and are responsible for the cookies they install. Listagrow assumes no liability regarding the possible use of cookies by third parties. For more information, you are advised to check the cookie policy directly on these third-party sites.

Privacy Policy Changes

Just as our business changes constantly, this Privacy Policy may also change from time to time. If you want to see changes made to this Privacy Policy from time to time, we invite you to access this Privacy Policy to see the changes. If we make material changes or changes that will have an impact on you (e.g. when we start processing your personal data for other purposes than set out above), we will contact you prior to commencing that processing.

Any material changes made will be notified to you via our Sites or by email, to the extent possible, three (3) business days at least before any changes come into force.

International Data Transfers

Listagrow is incorporated and operates within the European Economic Area (EEA). Your personal account data (name, email, billing details) is stored on servers located within the EEA and is not transferred to third countries.

Product content (titles, descriptions, images) is transmitted to AI providers located in the United States — OpenAI, Inc. and Google LLC — solely to generate content on your behalf. As this product content does not constitute personal data, GDPR transfer restrictions do not apply to these transfers. However, both providers maintain robust data protection commitments under their API terms; data submitted via their APIs is not used to train AI models.

If you have questions about how your data is handled, please contact us at support@listagrow.com.

GDPR

Listagrow has further committed to cooperate with the panel established by the EU data protection authorities (DPAs) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) with regard to complaints concerning data transferred from the EU and Switzerland.

Governing Law

The terms of this Privacy Policy are governed by and in accordance with the laws of The Netherlands, and, where applicable, the laws of the countries where our servers are located. You should not provide us with any Personal Data unless you consent to the application of The Netherlands' law and, where applicable, EU laws, and to the use and disclosure of your information in accordance with the terms of this Privacy Policy.

Simplersoftware Inc. (trading as Listagrow), 2721KA Zoetermeer, The Netherlands.

For the full terms governing your use of our Services, please see our Terms of Service.