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SYSTUM PRIVACY POLICY (U.S.)

EFFECTIVE: March 20, 2018

 

This Privacy Policy (“Policy”) describes how Systum, Inc. (referred to in this Policy as “we”, “our”, “us” or “Systum”) collects, uses, and discloses information that we collect from visitors to our website at www.systum.com (the “Site”) and from users of the products and services offered by Systum (together, the “Services”). We are committed to protecting your privacy in accordance with this Policy.

We collect information from visitors to our Site (“Site Visitors”), from the businesses that register to use our Services (“Business(es)”), and from individuals that deal with a Business that uses our Services (“End-Customers”). This Policy describes the practices we follow for the specific information that we collect from Site Visitors, Businesses and End-Customers (referred to in this Policy collectively as “you” or “your”).

By visiting the Site, using the Services, or dealing with a Business using the Services, you are agreeing to the terms of this Policy and, as applicable, the Systum Terms of Service. This Policy is a legally binding agreement between Systum and you (and your client, employer or another entity if you are acting on their behalf) as the user of the Site or Services. If we add any new features or tools to our Services, they will also be subject to this Policy.

When we use the term “Personal Information” in this Policy, it means any information related to an identifiable individual, but does not include the name, title, business address, or telephone number of an employee of an organization.

We may occasionally update this Policy to address changes in technology and privacy laws and in our Services. If you are a Business and a significant change is made to this Policy, we will notify you by sending an email to the primary email address associated with your account. If you are not a Business, please review this Policy page at www.systum.com/privacy from time to time for updates. If you continue to use the Site or the Services after these changes are posted, you agree to the revised Policy.

 

1. Information We Collect from Businesses

We collect the following information from Businesses and the persons they designate as authorized users of our Services when you sign up for our Services, when you access our Services or otherwise provide us with the information: Business Address, Business Type, Address, Tax ID number, Email address, First Name, Last Name, Business performance metrics (e.g. sales, transaction etc.). We use this information to scope, price and provide our Services to you and your End-Customers and for other purposes as described in Section 5 below.

In addition, upon completing the sign-up process for the Services, we may create a payment account on your behalf. If you activate a payment account, we may collect some or all of the following: business address, business type, business ID number, date of birth (if you are an individual business owner), bank account information and government-issued identification information, such as your Social Security Number or your Social Insurance Number, and other information needed to establish and enable ACH payment capabilities and payment processing services. We need this information to create a Systum payments account for you, to provide you with Systum payments services, including fraud and risk monitoring, and to comply with applicable legal and regulatory requirements.

We will also use Business and Personal Information in other cases where you have given us your express permission.

 

2. Information Provided By End-Customers

We collect Personal Information about your End-Customers that you share with us or that End-Customers provide us directly while using the Services. We use this information to provide our Services and for other purposes as described in Section 5 below.

Privacy is important. If you are a Business using the Services for your End-Customers, you agree to post a privacy policy on your website or storefront, as applicable, that complies with the laws applicable to your business. Your privacy policy must indicate that Personal Information from End-Customers will be collected, used and disclosed by Systum under the terms of this Policy.

You also agree to obtain consent from your End-Customers for the use and access of their Personal Information by Systum and other third parties. In addition, if you are collecting any sensitive Personal Information from your customers (including information relating to medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or sexuality), you agree to obtain affirmative, express consent from your customers for the use and access of sensitive Personal Information by Systum and other third parties.

 

3. Information from Site Visitors

We collect the following information from Site Visitors when they engage with us either by email, web form, instant message, phone, or post content on or through Site: name, email, company name, phone number and the content of any messages you provide. We also collect any additional information that you might provide to us. We use this information for the purposes set forth in Section 5 below.

 

4. Information We Collect Automatically

We may automatically collect the following information about your use of our Site or Services through cookies, web beacons, and other technologies: your domain name; your browser type and operating system; web pages you view; links you click; your IP address; the length of time you visit our Site and or use our Services; and the referring URL, or the webpage that led you to our Site, and the following: access time, browser type, device ID, domain name, IP address, page views and referring URL. We also collect from Businesses data about how and when you access your account, including information about the device and browser you use, your network connection and your IP address. We need this information to give you access to and improve our Services.

We may combine this information with other information that we have collected about you, including, where applicable, your user name, name, and other Personal Information. Please see the section titled "System’s Use of Cookies and Other Tracking Technology" below for more information.

 

5. How We Use Your Information

We use the information we collect, including Personal Information, for the following purposes:

  • To provide our Site and Services to you and your End-Customers and to process orders and transactions offered by Businesses through our Services.
  • To facilitate your access and use of third-party services and features that integrate with our Service.
  • To respond to your questions and inquiries and for customer services purposes.
  • To tailor the content and information that we may send or display to you, to offer location customization, and personalized help and instructions, and to otherwise personalize your experiences while using the Site or our Services.
  • For marketing and promotional purposes. For example, we may use your information, such as your email address, to send you news and newsletters, special offers, and promotions, or to otherwise contact you about products or information we think may interest you. We also may use the information that we learn about you to assist us in advertising our Services on third party websites or otherwise.
  • To better understand how users access and use our Site and Services, both on an aggregated and individualized basis, in order to improve our Site and Services and respond to user desires and preferences, and for other research, development and analytical purposes.

 

6. How We Share Your Information

We disclose the information we collect, including Personal Information, as follows:

  • We may disclose the information we collect from you to our affiliates or subsidiaries; however, if we do so, their use and disclosure of your Personal Information will be subject to this Policy.
  • We may disclose the information we collect from you to third party vendors, service providers, contractors or agents who perform functions on our behalf.
  • To facilitate your signing-up for, and ensuring the compatibility of any services you elect provided by third party vendors that integrate with the Service, in which case the information will be subject to the terms of service and privacy policy of such third-party vendor(s)
  • In certain limited circumstances, we may also be required to share information with third parties to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena or other lawful requests by public authorities, including to meet national security or law enforcement requirements.
  • We may share information with third parties to prevent, investigate, or take action regarding suspected illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, misappropriation or misuse of our intellectual property, violations of our Terms of Service or any other agreement related to the Services, or as otherwise required by law or as evidence in litigation in which Systum involved.
  • If we are acquired by or merged with another company, if substantially all of our assets are transferred to another company, or as part of a bankruptcy, dissolution, reorganization, or other similar transaction or proceeding, we may transfer the information we have collected from you to the other company.
  • We may share aggregate or de-identified information with third parties for marketing, advertising, research or other purposes.

We do not and will never share, disclose, sell, rent, or otherwise provide Personal Information to other companies for the marketing of their own products or services. We do not use the Personal Information we collect from Businesses or End-Customers to contact or market to such End-Customers or directly compete with Businesses. However, Systum may contact or market to End-Customers if we obtain their Personal Information from another source, such as from the End-Customers themselves.

Systum will ask for your consent before sharing your Personal Information with third parties for purposes other than those described in this Section 6.

 

7. Systum’s Use of Cookies and Similar Tracking Technology

We and our third-party service providers may use cookies and other tracking mechanisms to track information about your use of our Site or Services. We may combine this information with other Personal Information.

Any third-party advertisers on our Site may use cookies to track your prior visits to our websites and elsewhere on the Internet in order to serve you customized ads. Opting out: You may be able to opt out of customized ads by visiting the Ads Preferences Manager, and the Google Analytics Opt-out Browser Add-on. If you use our Site without opting out, this means that you understand and agree to data collection for the purpose of providing you with remarketing ads.

Currently, our systems do not recognize browser "do-not-track" requests. You may, however, disable certain tracking as discussed in this section (e.g., by disabling cookies).

 

Cookies. A cookie is a small amount of data, which may include a unique identifier. Cookies are sent to your browser from a website and stored on your device. We assign a different cookie to each device that accesses our Site. Some cookies allow us to make it easier for you to navigate our Site and Services, while others are used to enable a faster log-in process or to allow us to track your activities at our Site and Service. There are two types of cookies: session and persistent cookies.

  • Session Cookies. Session cookies exist only during an online session. They disappear from your computer when you close your browser or turn off your computer. We use session cookies to allow our systems to uniquely identify you during a session or while you are logged into the Site. This allows us to process your online transactions and requests and verify your identity, after you have logged in, as you move through our Site.
  • Persistent Cookies. Persistent cookies remain on your computer after you have closed your browser or turned off your computer. We use persistent cookies to track aggregate and statistical information about user activity.

 

Disabling Cookies. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Visitors to our Site who disable cookies will be able to browse certain areas of the Site, but some features may not function.

 

8. Third-Party Analytics

We use automated devices and applications, such as Google Analytics, to evaluate usage of our Site and Services. We also may use other analytic means to evaluate our Site and Services. We use these tools to help us improve our Site and Services, performance and user experiences. These entities may use cookies and other tracking technologies to perform their services. We do not share your Personal Information with these third parties.

 

9. What Do We Do With Your Personal Information When You Terminate Your Relationship With Us?

After termination of our relationship with you, we will continue to store archived copies of your Personal Information only to the extent and for a period necessary for legitimate business purposes and to comply with the law. We will continue to store de-identified and aggregate information, such as website visits in order to improve our Site and Services.

 

10. Security of My Personal Information

We have implemented commercially reasonable measures to safeguard sensitive information, such as financial information, intellectual property, employee details and any other Personal Information provided to us, from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Our information security systems apply to people, processes and information technology systems on a risk management basis.

Please be aware that despite our efforts, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee the absolute security of your Personal Information.

 

12. How Do We Protect Your Information Across Borders?

Systum may transmit Personal Information outside of your jurisdiction of residence. The jurisdiction to which Personal Information is transferred may not offer the same level of protection as your jurisdiction of residence. Systum remains responsible for Personal Information that is transferred to a third party outside the United States for processing or to support our efforts in providing our Services to you. We select and contract with established and reputable third parties to which we transfer Personal Information for data processing or storage that we believe provide a comparable level of protection as that provided by Systum under this Policy.

 

13. Control and Access to Your Personal Information

You retain all rights to your Personal Information and can access it anytime. In addition, Systum takes reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Information. If you have an account with us, you can update many types of Personal Information, such as payment or contact information, directly within your account settings. If you are an End-Customer and have an account with a Business using our Services, please contact the Business to update your Personal Information that you have provided to the Business.

If you are unable to change your Personal Information within your account settings or by contacting the applicable Business, please contact us at 1.877.467.9788. It is important to remember that if you delete or limit the use of your Personal Information, the Services may not function properly.

 

14. Third-Party Links

Our Site and Services may contain links to third-party websites, including any Businesses that use our Services. Any access to and use of such linked websites is not governed by this Policy, but instead is governed by the privacy policies of those third-party websites. We are not responsible for the information practices of such third-party websites or the Businesses that use our Services.

 

15. Children Under 13

Our Site and Services are not designed for children under 13. If we discover that a child under 13 has provided us with Personal Information, we will delete such information from our systems.

 

16. California Privacy Rights

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

If you are under 18 years of age, reside in California, and have a registered account with the Site, you have the right to request removal of unwanted data that you publicly post on the Site. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Site, but please be aware that the data may not be completely or comprehensively removed from our systems.

 

17. Contact Us

If you have any questions about your Personal Information or this Policy, please contact legal@systum.com.