Updated March 9th, 2023
Information We Collect
We may collect personal data from or on behalf of Merchants. Merchants determine the scope of the personal data transferred to us or that we collect, and the information we receive may vary by Merchant. Typically, the information we collect on behalf of Merchants includes:
Information that we collect when a Merchant’s customers make a payment
When a customer makes a payment via a Clover Gate, we collect information about the transaction, which may include personal data. Information about transactions includes the payment card used, name associated with the payment card, the location of the merchant’s store, date and time of the transaction, transaction amount, and information about the goods or services purchased in the transaction.
Additional information Merchants’ customers provide through the Clover Clover Gate systems ancillary to a payment
We may collect additional information ancillary to the payment. This information may include:
Customers’ email address or phone number, such as when the customer chooses to receive an electronic receipt
Customers’ physical address, where needed for delivery of goods or services
Customers’ purchase behavior such as the specific goods or services rendered
Information that we collect about Merchants’ personnel
We may collect information about Merchants’ personnel and interactions with the Clover Gate, such as sales, products sold, and tips collected.
Additional information that Merchants provide to us about their customers or personnel
Merchants may provide us with additional information directly, via access they grant to us, or otherwise. The types of information that merchants may provide to us about their customers include email addresses, phone numbers, and purchase history. The types of information that merchants may provide to us about their personnel include email addresses, phone numbers, shifts, and sales history.
How We Use the Information We Collect
We use the personal data we collect for or on behalf of Merchants, to provide our services and the functionality of our application such as sending email and/or SMS text campaigns for purposes of order status updates.
We may also use personal data for related internal purposes, including:
To provide information about the application, such as important updates or changes to the application and security alerts
To measure performance of and improve the application
To respond to inquiries, complaints, and requests for customer support
In addition, Company may use personal data as we believe necessary or appropriate to (a) comply with applicable laws and lawful requests and legal processes, such as to respond to subpoenas or requests from government authorities; (b) enforce the terms and conditions that govern our application; (d) protect our rights, privacy, safety or property, and/or that of you or others; and (e) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity.
We do not collect data on minors. If you are under 18 years old and unable to form a binding contract, you must have your guardian’s permission to use the Services, and your guardian must provide consent to the terms of this Policy on your behalf. By using such Services, you represent and warrant that you are not a minor and are of legal age to form a binding contract, or, if the Submission is made by a minor child or children under the legal age of majority (under 18 years of age), that you are the legal guardian of the Child or Children making a Submission (“Parents” and each a “Parent”), have read and understand the terms of this Policy, and can legally enter into an agreement behalf of all such minor child/children.
How We Share Information
We may share personal data that we collect with:
The Merchant from whom or on whose behalf we collected the personal data
The platform on which our application runs, the Clover Gate. You may view Clover’s Privacy Notice here.
Company may disclose personal data to government or law enforcement officials or private parties as required by law, and disclose and use such information as we believe necessary or appropriate to (a) comply with applicable laws and lawful requests and legal processes, such as to respond to subpoenas or requests from government authorities; (b) enforce the terms and conditions that govern our application; (d) protect our rights, privacy, safety or property, and/or that of you or others; and (e) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity.
We do not sell PII data and have not in the past 12 months nor do we ever have plans to sell personal data of our customers or end-users.
Cookies and Third Party Technologies
We may collect user information (“user information”) from your browser or mobile device each time you access the Site or use the Services. User information may include anonymous information such as your web request, Internet Protocol (“IP”) address, browser type, information about your mobile device, referring/exit pages and URLs, domain names, landing pages, pages viewed, and other such information. When you access our Services by or through a mobile device, we may receive or collect and store a unique identification number associated with your device, mobile carrier, device type and manufacturer, phone number, and, depending on your mobile device settings, your geographical location data, including GPS coordinates or similar information regarding the location of your mobile device.
Cookies are small files comprised of letters and numbers that are downloaded onto your desktop computer, mobile or other handheld device when you access certain websites.
Cookies allow the Site to recognize a user’s device and help your browser navigate through the Site by allowing you to log in automatically by remembering settings you selected during earlier visits, among other functions. Cookies do not harm your computer.
Third Party Technologies
We do not sell personal information to anyone. We may work with agents, service providers, affiliates, or other third party providers which store and receive data, reports, and other user information sent by your browser or mobile device, including the pages you visit, your use of our Site, your use of third party applications, and other information that we may use to analyze and improve the Site or the Services. These third parties may use both temporary and persistent cookies. We do not have control over how third parties use your information. Please check their websites for information about how the third parties use your information.
Our Site or Services may contain links to third party websites. We are not responsible for the way third party websites collect or use your PII or user information. We encourage you to review the privacy policies of third party websites that you visit or use, including those you interact with through our Site or Services.
Your Rights and Choices
Data Subject Rights
To the extent that applicable law provides individuals with rights pertaining to their personal information, such as to review and request changes to their personal information, individuals should contact the Merchant with any requests pertaining to the Merchant’s use of our application. To the extent that Clover is responsible for responding to data subject rights requests under applicable law, individuals may contact Clover with applicable requests as explained in Clover’s Privacy Notice, https://www.clover.com/privacy-policy. Company will assist a Merchant, or Clover, as applicable, in responding to such requests subject to our contract with a Merchant or Clover.
If you have a complaint about our handling of personal data, you may contact us via the contact information provided below.
Additional Information for Merchants Located in Europe
Company is a data processor acting for and on behalf of the Merchant that is using our application with their Clover Terminal. That Merchant is the controller of personal data that we process on its behalf. Clover is also a controller of personal data in some circumstances. Clover’s Privacy Notice is available at https://www.clover.com/privacy-policy.
Legal Bases for Processing
Company processes personal data as directed or permitted by the Merchant that uses our application. The Merchant is responsible for establishing a legal basis for our processing of personal data for or on behalf of the Merchant.
Cross Border Data Transfer
When we transfer personal data outside of Europe to countries not deemed by the European Commission to provide an adequate level of protection for personal data, we make the transfer pursuant to one of the following transfer mechanisms:
A contract approved by the European Commission (sometimes called “Model Clauses” or “Standard Contractual Clauses”);
The EU-US Privacy Shield;
The recipient’s Binding Corporate Rules;
The consent of the individual to whom the personal data relates; or
Other mechanisms or legal grounds as may be permitted under applicable European law.
You may contact us with questions about our transfer mechanism.
Subject to our agreement with a Merchant, Company retains personal data for as long as necessary to (a) provide our products and services; (b) comply with legal obligations; (c) resolve disputes; and (d) enforce the terms of any agreement we may have with a Merchant. You may contact us for additional information about our data retention practices in connection with the application.
Data Subject Rights
Under certain circumstances, data subjects in Europe have certain rights relating to their personal data, which include the rights to request from the Controller (a) access to the data subject’s personal data; (b) correction of incomplete or inaccurate personal data; (c) erasure of personal data; (d) restriction of processing concerning the data subject; and (e) that the controller provide a copy of the data subject’s personal data that the data subject provided to the controller in a structured, commonly used and machine-readable format. Data subjects may also object to a controller’s processing of personal data under certain circumstances. Where processing is based on a data subject’s consent, the data subject has the right to withdraw consent at any time; however, the withdrawal of consent will not affect the lawfulness of processing based on consent before its withdrawal. Data subjects may also file a complaint with a supervisory authority. You may view contact information for supervisory authorities at https://edpb.europa.eu/about-edpb/board/members_en. Data subjects in Europe should direct any rights request to the appropriate Controller.