Effective Date: 8/20/2020
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 POS, we collect information about the status of a check in. We record if a payment was made. We do not collect any other information regarding payments. We do process Clover stored payment information (not information we collect) for the merchant when the merchant requests a commission/service report.
Additional information Merchants’ customers provide through the Clover POS ancillary to a payment
We store check in information on behalf of a merchant. This information may include:
– Customers’ email address or phone number, such as when the customer chooses to receive an electronic receipt
– Date and time of a check in
– In addition, we collect information regarding the employees who will perform services on behalf of a customer as well as the specific services the customer is requesting
Information that we collect about Merchants’ personnel
We may collect information about Merchants’ personnel and interactions with the Clover POS, such as hours of availability and commission rates and costs for each employee.
For California Residences
The information provided in this “Information for California Residents” section only applies to California residents. This notice describes how we collect, use and share your Personal Information (as defined in the California Consumer Privacy Act of 2018, or “CCPA”), and your rights with respect to that Personal Information.
Your California privacy rights
As a California resident, you have the rights listed below. However, these rights are not absolute, and we may decline your request as permitted by the CCPA.
• Information. You can request the following information about how we have collected and used your Personal Information during the past 12 months:
– The categories of Personal Information that we have collected.
– The categories of sources from which we collected Personal Information.
– The business or commercial purpose for collecting and/or selling Personal Information.
– The categories of third parties with whom we share Personal Information.
– Whether we have disclosed your Personal Information for a business purpose, and if so, the categories of Personal Information received by each category of recipient.
– Whether we’ve sold your Personal Information; and, if so, the categories of Personal Information received by each category of recipient.
• Access. You can request a copy of the Personal Information that we maintain about you.
• Deletion. You can ask us to delete the Personal Information that we maintain about you.
• Nondiscrimination. You are entitled to exercise the rights described above free from discrimination. This means that we will not penalize you for exercising your rights by taking actions such as by denying you goods or services, increasing the price/rate of goods or services, decreasing the service quality, or suggesting that we may penalize you as described above for exercising your rights. However, the CCPA allows us to charge you a different price or provide a different service quality if that difference is reasonably related to the value of the Personal Information, we are unable to use.
How to exercise your rights
You may exercise your California privacy rights as follows:
Right to information, access and deletion
You can request to exercise your information, access and deletion rights in the following ways:
• Call 1-470-266-1095
• Identity verification. The CCPA requires us to verify the identity of the individual submitting the request before providing a substantive response to the request. A request must be provided with sufficient detail to allow us to understand, evaluate and respond. The requester must provide sufficient information to allow us to reasonably verify that the individual is the person about whom we collected information. A request may also be made on behalf of your child under 13.
• Authorized agents. California residents can empower an “authorized agent” to submit requests on their behalf. We will require the authorized agent to have a written authorization confirming that authority.
Sale of Personal Information
We do not sell, as defined under CCPA, your Personal Information to third parties.
Personal information that we collect, use and share
|Category||Do we collect this information?||Do we share this information for business purposes?|
|Protected Classification Characteristics||Age possible, if provided by merchant||No|
|Internet or Network Information||Yes||Yes|
|Geolocation Data||Yes, possible||Yes, possible|
|Professional or Employment Information||No||No|
|Categories of Personal Information||Date Elements within the Category|
|Biometric Information||An individual’s physiological, biological or behavioral characteristics, including DNA, that can be used, singly or in combination with each other or with other identifying data, to establish an individual’s identity. Biometric information includes, but is not limited to, imagery of the iris, retina, fingerprint, face, hand, palm, vein patterns, and voice recordings, from which an identifier template, such as a face print, a minutiae template, or a voiceprint, can be extracted, and keystroke patterns or rhythms, gait patterns or rhythms, and sleep, health, or exercise data that contain identifying information.|
|Transaction History||Products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.|
|Financial Information||Bank account number, debit or credit card numbers, insurance policy number, and other financial information.|
|Geolocation Data||Precise location, e.g., derived from GPS coordinates or telemetry data.|
|Identifiers||Real name, alias, postal address, unique personal identifier, customer number, email address, account name other similar identifiers.|
|Government-issued ID||Social security number, driver’s license, passport, or other government-issued ID, including an ID number or image.|
|Medical Information||Personal information about an individual’s health or healthcare, including health insurance information.|
|Internet or Network Information||Browsing history, search history, and information regarding a consumer’s interaction with an Internet website, application, or advertisement.|
|Online Identifiers||An online identifier or other persistent identifier that can be used to recognize a person, family or device, over time and across different services, including but not limited to, a device identifier; an Internet Protocol address; cookies, beacons, pixel tags, mobile ad identifiers, or similar technology; customer number, unique pseudonym, or user alias; telephone numbers, or other forms of persistent or probabilistic identifiers (i.e., the identification of a person or a device to a degree of certainty of more probable than not) that can be used to identify a particular person or device.|
|Physical Description||An individual’s physical characteristics or description (e.g., hair color, eye color, height, weight).|
|Professional or Employment Information||Information relating to a person’s current, past or prospective employment or professional experience (e.g., job history, performance evaluations), and educational background.|
|Protected Classification Characteristics||Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).|
|Sensory Information||Audio, electronic, visual, thermal, olfactory, or similar information.|
Use of the App by Children
Minors under the age of 16 are not allowed to use our App. We do not knowingly collect personally identifiable information from children under the age of 16. In the event you become aware that an individual under the age of 16 has enrolled without parental permission, please advise us immediately.
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: syncing of data from one device to another, back up of data for restoration of data in case of new or returned devices, or an act of nature or theft which results in the loss of the merchants device.
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.
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 POS. You may view Clover’s Privacy Notice here.
– With third parties as a Merchant may direct
– With third party service providers that help us manage and improve the application
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 may use your Personal Information to contact you with marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe instructions provided in any email we send.
We do not transfer any information beyond your business premises or our Google Cloud servers in Los Angeles, CA. Information we store on our server includes: ticket information, inventory information, employee information, and basic merchant’s information (such as store addresses or phone number). In the future, we may change to another service provider without any prior notice, whose servers located in the United States, and are committed to ensuring the integrity, confidentiality, and availability of all customer data. The safety of your Personal Information is important to us but remember that no method of transmission over the Internet, or electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
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.
DHM GLONEX LLC
– Address: 1156 Satellite Blvd STE 300, Suwanee GA 30024
– Toll Free: 1-(470) 266-1095
– Phone: 1-470-343-5510
– Email: email@example.com
Additional Information for Merchants Located in Europe
David, firstname.lastname@example.org, email@example.com
Company is a data processor acting for and on behalf of the Merchant that has installed our application on their Clover POS. 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.