CD ERA Technology Solution Privacy Policy
Last modified : May 19th, 2023
Effective Date: May 19th, 2023
Introduction
CD ERA Technology Solution, a California corporation with address at 533 Airport Blvd, Suite 400, Burlingame, CA 94010(“Company”,“We”, “Us”, or “Our”) respect privacy of merchants (“Users” or “you”) and are committed to protecting it through our compliance with this policy.
This policy describes the types of information we may collect from you or that you may provide when you use thesoftware of the Company (“CD ERA”) andaffiliated applicationsproduced by the Company (our “Services”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.
Company may provide additional or supplemental privacy notices to individuals at the time we collect their data, which will govern how we may process the information provided at that time. We may alter this Privacy Policy as needed to abide by local laws or regulations. This Privacy Policy does not apply to Company’s processing of the personal data of its personnel, such as employees and contractors.
This policy applies to information we collect:
· On our Services.
· In email, text, and other electronic messages between you and ourServices.
· If you provide your social network account credentials to us or otherwise sign in the Services through a third-party site or platform, you understand some content and/or information in those accounts may be transmitted into your account with us.
· When we receive information about you from some of our services providers who assist us with marketing or promotional services related to how you interact with our websites, applications, products, services, advertisements or communications.
· Any other sources.
It does not apply to information collected by:
· Us offline or through any other means, including on any other application or website operated by Company or any third party (including our affiliates and subsidiaries); or
· Any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or through our Services.
Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Services. By accessing or using our Services, you agree to this privacy policy. This policy may change from time to time (see Section 9). Your continued use of our Servicesafter we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
OurServicesis not intended for children under 16 years of age. No one under age 16 may provide any personal information to our Services. We do not knowingly collect personal information from children under 16. If you are under 16, do not use or provide any information on by using our Servicesor through any of its features,register throughour Services, use any of the interactive or public comment features throughour Services, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 16without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at support@kioskcdera.com or +1 (855) 485-6393
California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information. Please see Section 7 for more information.
1. Information We Collect About You and How We Collect It
We collect several types of information from and about Users of our Services, including information:
· By which you may be personally identified, such as name, gender, birthday, postal address, email address, telephone number, education, credit card or debit card number from merchant partners we collect business information and banking information and such other information as we may require (“Personal Information”);
· That you choose to submit during your use of our Services;
· That you submit when requesting for support and/or technical assistance;
· When you contact us, such as your location, and any Personal Information that you provide in your contact request; and
· That is about you but individually does not identify you, such as anonymous comments;
· About your internet connection, the equipment you use to access our Services, and usage details.
We collect this information:
· Directly from you when you provide it to us.
· Automatically as you navigate through our Services. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
· From third parties, for example, our business partners.
1.1 Information You Provide to Us
The information we collect on or through our Services may include:
· Information that you provide by filling in forms on our Services. This includes information provided at the time of registering to use our Services, subscribing to our Services, posting material, or requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, andwhen you report a problem with our Services.
· Your place of education and graduation year.
· Records and copies of your correspondence (including email addresses), if you contact us.
· All activity you have with our products including browsing history, purchase history, search history, or any other interaction withour Services. We do not collect any data generated from or associated with a user’s interactions with any other company’s products
· Your responses to surveys that we might ask you to complete for research purposes.
· Details of transactions you carry out through our Servicesand of the fulfillment of your orders.
· Payment and financial information. Such as payment card number, banking information (including related payment verification information), expiration date, billing address, and payment account name.
· With your permission, your camera may be used to scan credit card information to be stored for purchases. It may also be used to capture profile pictures.
· Any other types of information the user provides.
You also may provide information to be published or displayed on public areas of our Services, or transmitted to other Users of our Servicesor third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages/you may set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other Users of our Serviceswith whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
1.2 Information We Collect Through Automatic Data Collection Technologies
As you navigate through and interact with our Services, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
· Details of your visits to our Services, including location data, logs,and other communication data and the resources that you access and useour Services.
· Information about your device that you use and internet connection, including your IP address or other unique device identifiers, operating system and versions, software, preferred languages, advertising identifiers, device motion data, and mobile network data, and browser type.
We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). You can opt out of behavioral tracking on this website and we would respond to web browser signals and we have other mechanisms that enable consumers to exercise choice about behavioral tracking.
The information we collect automatically is only statistical data and does notinclude Personal Information, but we may maintain it or associate it with Personal Information we collect in other ways or receive from third parties. It helps us to improve our Services and to deliver a better and more personalized service, including by enabling us to:
· Estimate our audience size and usage patterns.
· Store information about your preferences, allowing us to customize our Servicesaccording to your individual interests.
· Speed up your searches.
· Recognize you when you return to our Services.
The technologies we use for this automatic data collection may include:
· Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, you may be unable to access certain parts of our Services. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Services.
· Web Beacons. Pages of our Servicesmay contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but your browser may allow you to modify your browser settings to decline cookies if you prefer. If you disable cookies, you may be prevented from taking full advantage of the Services, because the Services may not function properly.
We do not collect Personal Information automatically, but we may tie this information to Personal Information about you that we collect from other sources or you provide to us.
1.3 Information We Collect from Third Parties
We may also collect information about you from other servicesincluding but not limited to Clover or any other third-party platforms) that you may have connected to or from. This information includes your login and profile information, and the third-party platform you used. Further, we may associate this Personal Information obtained from these sources with the other Personal Information we have collected about you from other sources as described in this Policy. Third party sites operate according to their own terms of use and privacy policies, and we do not control or supervise how these third-party sources process your Personal Information, and any request that you have regarding the disclosure of your Personal Information from them to us should be made directly to those third parties.
2. Third-Party Use of Cookies and Other Tracking Technologies
Some content or applications, including advertisements, on our Services are served by third parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your Personal Information or they may collect information, including Personal Information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Section 5.
3. How We Use Your Information
In general, the information we collect is used for our business purposes: (1) to improve our Services and enhance your experience with Company; (2) to enable us to provide a safer community for all of our Users; and (3) to help us communicate with you. We use information that we collect about you or that you provide to us, including any Personal Information:
· To present our Services and its contents to you.
· To provide you with information, products, or services that you request from us.
· To fulfill any other purpose for which you provide it.
· To provide you with notices about your account/subscription, including expiration and renewal notices.
· To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
· To notify you about changes to our Services or any products or services we offer or provide though it.
· To allow you to participate in interactive features on ourServices.
· To personalize website content and communications based on your preferences, including targeted offers and ads served through the Services.
· To process orders or other transactions.
· To improve and develop the Services, including testing, research, analysis and product development.
· To protect against or deter fraudulent, illegal or harmful actions and maintain the safety, security and integrity of our Services.
· To comply with our legal or contractual obligations, resolve disputes, and enforce our Terms of Use.
· To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations. For any other business purpose stated when collecting your Personal Data or as otherwise set forth in applicable data privacy laws, such as the California Consumer Privacy Act (the “CCPA”).
· In any other way we may describe when you provide the information.
· For any other purpose with your consent.
We may also use your information to contact you about our own and third-parties’goods and services that may be of interest to you. If you do not want us to use your information in this way, please adjust your user preferences in your account profile. For more information, seeSection 5.
We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your Personal Information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
We will do not sell, rent or commercially provide your Personal Informationor theinformation you collect when using our softwareto any third party,expect with your prior permission.We may disclose your Personal Information to a third party as part of a sale of the assets of Company, as the result of a change in control of the Company, or in connection with an investment in Company by a third party.Any third party to which Company transfers or sells Company’s assets will have the right to continue to use your Personal Information.
We retain all the Personal Information through Amazon Web Services. We will only retain your Personal Information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your Personal Information, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements. By law we have to keep basic information about our customers (including contact, identity, financial and transaction data) for six (6) years after they cease being customers for tax purposes. In some circumstances you can ask us to delete your data: see below for further information. In some circumstances we may anonymize your Personal Information (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
4. Disclosure of Your Information
We may disclose aggregated information about our Users, and information that does not identify any individual, without restriction.
We may disclose Personal Information that we collect or you provide as described in this privacy policy:
· To our subsidiaries and affiliates.
· To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep Personal Information confidential and use it only for the purposes for which we disclose it to them.
· To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by Companyabout our Services’Users is among the assets transferred.
· To third parties to market their products or services to you if you have not opted out ofthese disclosures. We contractually require these third parties to keep Personal Information confidential and use it only for the purposes for which we disclose it to them. For more information, seeSection 5.
· To fulfill the purpose for which you provide it.
· For any other purpose disclosed by us when you provide the information.
· With your consent.
We may also disclose your Personal Information:
· To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
· To enforce or apply our terms of use (for details please seehttps://www. CD_ERA. com/Terms-and-Conditions)and other agreements, including for billing and collection purposes.
· When we have a good faith belief that disclosure is reasonable necessary to: (1) investigate, prevent or take action regarding suspected or actual illegal activities or to assist government enforcement agencies; (2) enforce our agreements with you; (3) investigate and defend ourselves against any third-party claims or allegations; (4) protect the security or integrity of our Services (such as by sharing with companies facing similar threats); or (5) exercise or protect the rights and safety of Company, our Users, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction. We attempt to notify you about legal demands for your personal data when appropriate in our judgment, unless prohibited by law or court order or when the request is an emergency. We may dispute such demands when we believe, in our discretion, that the requests are overbroad, vague or lack proper authority, but we do not promise to challenge every demand.
The categories of Personal Information we may disclose include:
· name, gender, birthday, education,
· postal address, email address, telephone number;
· credit card or debit card number, business information, banking information;and
· Other necessary Personal Information that required by third parties.
5. Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the Personal Information you provide to us. We have created mechanisms to provide you with the following control over your information:
· Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
· Disclosure of Your Information for Third-Party Advertising. If you do not want us to share your Personal Information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by checking the relevant box located on the form on which we collect your data (the order form). You can also always opt-out by logging into our Servicesand adjusting your user preferences in your account profile, checking or unchecking the relevant boxes bysending us an email with your request to support@kioskcdera.com.
· Promotional Offers from the Company. If you do not wish to have your email address or contact information used by the Company to promote our own or third parties’Services, you can opt-out by checking the relevant box located on the form on which we collect your data (the order form)or at any other time bylogging into our Services and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to support@kioskcdera.com. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opts out does not apply to information provided to the Company as a result of a product purchase, warranty registration, product service experience or other transactions.
· Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences, you can opt-out. For this opt-out to function, you must have your browser set to accept all browser cookies.
We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.
Residents of certain states, such as California, Nevadamay have additional Personal Information rights and choices. Please see Section 7for more information.
6. Accessing and Correcting Your Information
You can review and change your Personal Information by logging into our Servicesand visiting your account profile page.
You may also send us an email at support@kioskcdera.com to request access to, correct or delete any Personal Information that you have provided to us. We cannot delete your Personal Information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
If you delete your User Contributions from our Services, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Services users.Proper access and use of information provided on our Services, including User Contributions, is governed by our terms of use. For more information about our terms of use, please see https://www. CD_ERA. com/Terms-and-Conditions.
Residents of certain states, such as California, Nevadamay have additional Personal Information rights and choices. Please see Section 7 for more information.
7.1. CaliforniaPrivacy Policy
State consumer privacy laws may provide their residents with additional rights regarding our use of their Personal Information.California’s “Shine the Light” law (Civil Code Section § 1798.83) permits Users of our Servicesthat are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an email to support@kioskcdera.com.
7.2. Compliance with CCPA:
· The Company will only process and Personal Information on behalf of you, and not collect, retain, use, or disclose that data for any purpose other than to perform the Company’s obligations under this Agreement, as permitted under CCPA and other applicable privacy and data protection laws (collectively, “Privacy Laws”). In no event will the Company“sell” (as defined by Privacy Laws) any such personal information.
· The Companywill not collect, use, retain, disclose, sell, or otherwise make you Personal Information available for Company’s own commercial purposes or in a way that does not comply with the CCPA or other privacy laws.
· The Companywill limit personal information collection, use, retention, and disclosure to activities reasonably necessary and proportionate to provide the Services set forth in the Agreement or another compatible operational purpose.
7.3. Data subject rights - assistance with requests
· The Companywill reasonably cooperate and assist you with meeting CCPA and other privacy law compliance obligations and respond to CCPA-related inquiries, including responding to verifiable consumer requests, taking into account, the nature of Company’s processing, and the information available to Company. Company will make available to you, in a manner consistent with the functionality of the Services and Company’s role as a Companyof Personal Information of data subjects, the ability to fulfill data subject requests to exercise their rights under privacy laws.
· If Companyreceives a request from your Personal Information subject to exercise one or more of its rights under privacy laws in connection with the Services, Companywill redirect the data subject to make its request directly to you. You will be responsible for responding to any such request including, where possible, by using the functionality of the Services. TheCompanyshall comply with reasonable requests by youto assist with your response to such a data subject request.
· The Company must notify you immediately if it receives any complaint, notice, or communication that directly or indirectly relates either party's compliance with privacy laws relating to provisioning of the Services.
7.4. Privacy Policies of Other States
Colorado, Connecticut, Virginia, and Utah each provide their state residents with rights to:
· Confirm whether we process their Personal Information.
· Access and delete certain Personal Information.
· Data portability.
· Opt-out of personal data processing for targeted advertising and sales.
Colorado, Connecticut, and Virginia also provide their state residents with rights to:
· Correct inaccuracies in their Personal Information, taking into account the information’s nature processing purpose.
· Opt-out of profiling in furtherance of decisions that produce legal or similarly significant effects.
7.5. The General Data Protection Regulation (“GDPR”)
Residents of the European Economic Area (“EEA”) may be entitled to rights under the GDPR. If you qualify, these rights are summarized below.
If you request to exercise your rights under the GDPR, we may require verification of your identity before we respond to any such request. If you are entitled to these rights, you may exercise the following rights with respect to your Personal Information that we collect and store:
· the right to withdraw consent to data processing at any time;
· the right of access to your Personal Information;
· the right to request a copy of your Personal Information;
· the right to correct any inaccuracies in t your Personal Information;
· the right to erase your Personal Information;
· the right to data portability, meaning to request a transfer of your Personal Information from us to any other person or entity as chosen by you;
· the right to request restriction of the processing of your Personal Information; and
· the right to object to processing of your Personal Information.
You may exercise these rights free of charge. These rights will be exercisable subject to limitations as provided for by the GDPR. Any requests to exercise the above-listed rights may be made to: support@kioskcdera.com. If you are an EEA resident, you have the right to lodge a complaint with a Data Protection Authority about how we process your Personal Information at the following website: https://edpb.europa.eu/about-edpb/board/members_en
To exercise any of these rights please contact us at support@kioskcdera.com to specify your request.We may ask you to verify your identity, or ask for more information about your request. We will consider and act upon any above request in accordance with applicable law. We will not discriminate against you for exercising any of these rights.
We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Services like message boards. The information you share in public areas may be viewed by any user of the Services.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to our Services. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Services.
9. Changes to Our Privacy Policy
It is our policy to post any changes we make to our privacy policy on this page with a notice that the privacy policy has been updated on the Services home page. If we make material changes to how we treat our Users’Personal Information, we will notify you by email to the primary email address specified in your account. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Services and this privacy policy to check for any changes.
To ask questions or comment about this privacy policy and our privacy practices, contact us at: support@kioskcdera.com or +1 (855) 485-6393.