Privacy Policy

Last Updated: [2/5/26]

At Fermat Commerce, Inc. (“Fermat,” “we,” “us,” or “our”), we are committed to protecting your privacy and being transparent about how we collect, use, share, and protect personal information. This Privacy Policy (“Policy”) explains our privacy and data practices when you use:

If you do not agree with this Policy, please discontinue use of the Services.

If you have questions, contact us at privacy@fermatcommerce.com.

Table of Contents

  1. When We Collect Personal Information
  2. Personal Information We Collect
  3. How We Use Personal Information
  4. How We Share Personal Information
  5. Your Privacy Choices and Rights
  6. Cookies, Tracking Technologies, and Opt-Out Tools
  7. U.S. State Privacy Disclosures
  8. Security & Retention
  9. Links on Our Services
  10. Changes to This Policy
  11. Contact Us

1. When We Collect Personal Information

We collect personal information when:

2. Personal Information We Collect

We collect personal information in the following categories.

A. Information You Provide Directly

This includes:

We do not offer third-party login (e.g., Google SSO).

B. Information We Automatically Collect

When you use the Website, Dashboard, or Funnels, we automatically collect:

We use cookies, pixels, tags, JavaScript, session replay tools, and browser storage (HTML5) to collect this information.

We do not use Flash cookies and do not use IP-based reidentification services.

Where IP addresses are collected, they are used solely for security, fraud prevention, and aggregate analytics purposes and are not used to identify individual consumers.

C. Information Collected from Third Parties

We may receive:

We do not collect or receive payment card information directly; Stripe processes this data for us.

D. Anonymized Event Data (Shopify Pixel)

We use a proprietary pixel installed on customers’ Shopify stores to collect anonymized event data, including:

This data is used exclusively for:

We do not collect identifiable personal information from these events, and we do not sell or share this data with third parties for commercial gain.

E. Data Collected From Funnel Visitors (Consumers)

Visitors to Fermat-powered Funnels may generate:

We do not link Funnel visitor cookies or IP addresses to identifiable personal data such as name, email, or address.

F. Children’s Data

Our Services are intended for business professionals.

We do not knowingly collect personal information from individuals under 18.

If you believe a minor’s information was collected, contact us and we will delete it.

3. How We Use Personal Information

We use personal information for the following purposes:

Any training or enhancement of models uses only aggregated, anonymized, or de-identified data and does not involve identifiable personal data unless expressly permitted under a written agreement.

Roles Under Privacy Laws

When we process Customer Personal Data through our Dashboard or Funnels on behalf of our Customers, we act as a processor or service provider, and our Customers act as the controller of that data. We process such data strictly in accordance with our agreements with Customers, including our Data Processing Addendum.

4. How We Share Personal Information

We may share personal information with:

A. Service Providers (Subprocessors)

Fermat uses trusted third-party service providers (“Subprocessors”) to support hosting, analytics, support, and product functionality. Our current Subprocessor list, including descriptions of their services, is available at:

https://www.fermatcommerce.com/subprocessors

We may update this list from time to time as described in our Data Processing Addendum. We notify Customers of new Subprocessors in advance of their engagement, as required under our Data Processing Addendum.

B. Payment Processor

C. Affiliates

D. Directed by You

Examples:

E. Legal and Compliance

We may disclose information to:

F. Business Transfers

We may share information during:

Successor entities may use your information consistent with this Policy.

G. Aggregated or De-Identified Data

We may collect, create, use, and share aggregated, anonymized, or de-identified information for any lawful purpose, including:

This information does not identify you or your end users, and we will not attempt to re-identify any anonymized or de-identified data.

5. Your Privacy Choices and Rights

You may have the right to:

You can exercise rights by contacting privacy@fermatcommerce.com.

Data Subject Requests Submitted to Fermat

If you are an end user of a brand using Fermat, please direct your privacy rights requests (access, deletion, correction, etc.) to the brand directly. We process such data on behalf of our Customers and will assist them in responding to requests in accordance with our agreements.

6. Cookies, Tracking Technologies, and Opt-Out Tools

We use cookies, pixels, web beacons, session replay tools, and browser storage to operate the Services.

A. Managing Cookies via Browser

Most browsers allow you to block or delete cookies.

See: www.allaboutcookies.org

B. Advertising Industry Opt-Out Tools

You may limit interest-based advertising through:

C. Vendor-Specific Opt-Outs

Some advertising partners offer opt-outs:

D. Session Replay Tools

We use Microsoft Clarity, Posthog, and Vantara for analytics, including on Funnels.

E. Brand-Configured Pixels

Brands may configure additional analytics or advertising pixels in Funnels.

International Transfers

If we transfer personal information to third countries, we do so using lawful transfer mechanisms such as the Standard Contractual Clauses and the UK Addendum, as described in our Data Processing Addendum.

7. U.S. State Privacy Disclosures

8. Security & Retention

Security

We use industry-standard safeguards, including:

No system is completely secure.

Retention

We retain personal information for as long as reasonably necessary to provide the Services, comply with legal obligations, resolve disputes, and enforce our agreements unless:

Backup copies may persist temporarily for security.

9. Links on Our Services

Our Services may contain links to third-party websites. We do not control their privacy practices and encourage you to review their policies.

10. Changes to This Policy

We may update this Policy periodically.

The updated version will include the “Last Updated” date at the top.

11. Contact Us

Fermat Commerce, Inc.

300 Brannan St. Suite 304

San Francisco, CA 94107

Email: privacy@fermatcommerce.com