Privacy Policy

1. Introduction

This Privacy Policy is intended to help you better understand how we collect, use and store your personal information—whether you are a merchant or end user that uses DataCandy’s products, applications or services (together, the “Services”), a customer that shops at a store using our technology, a DataCandy customer that has subscribed to our Services or whether you’re simply visiting this website. By using any of DataCandy’s Services, or by dealing with a merchant using DataCandy’s Services, you are agreeing to the terms of this Privacy Policy.

We may update this Privacy Policy from time to time in order to reflect, for example, changes to our privacy practices or for other operational, legal, or regulatory reasons. If we make material changes to this Privacy Policy, we will give you notice of such changes by posting the revised policy on this Website, and where appropriate, by other means. By continuing to use this Website or the Services after these changes are posted, you agree to the revised policy.

 

2. Information from merchants

If you are a merchant, your customers need to understand how you (and how DataCandy) collects and processes their personal information as the data controller. Accordingly, if you use the Services, you agree to post an up-to-date and accurate privacy policy on your website that complies with the laws applicable to your business. You also agree to obtain consent from your customers for the use and access of their personal information by DataCandy 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 DataCandy and other third parties.

 

What information do we collect from merchants and why?

  • We collect your name, company name, address, email address, phone number(s) and payment details (for example, your credit card information).
    • We use this information to provide you with our Services; for example, to confirm your identity, contact you, process transactions that originate from your location and invoice you. We also use this information to make sure that we comply with legal requirements.
  • We collect data about how and when you access your account and the DataCandy platform, including information about the device and browser you use, your network connection, your IP address, and information about how you browse through the DataCandy interface.
    • We use this information to give you access to our Services and to ensure the security of all transactions to and from our platform.
  • Upon completing the sign-up process for the Services, we may create a DataCandy Card Store account on your behalf.
    • We use this information to create a DataCandy platform account for you, to provide you with the services, including fraud and risk monitoring, and to comply with applicable legal and regulatory requirements.
  • We collect personal information about your customers that you share with us or that customers provide while shopping or during checkout.
    • We use this information to provide you with our Services and so that you can process orders and better serve your customers.
  • Where we need to verify your identity (for example, if there are concerns around identity theft, or if you call into support and we need to authenticate your account), we may request that you provide us with government-issued identification information.
  • We use some of the personal information you provide us to conduct some level of automated decision-making — for example, we use certain personal information to help us screen accounts for risk or fraud concerns.
  • We will also use personal information in other cases where you have given us your express permission.

 

When do we collect this information?

  • We collect personal information when you sign up for our Services, when you access our Services or otherwise provide us with the information.
  • We also partner with third parties who provide us information about merchants or prospective merchants, for example to help us screen out merchants associated with fraud.

 

When and why do we share this information with third parties?

  • DataCandy works with a variety of third parties and service providers to help provide you with our Services and we may share personal information with them to support these efforts.
  • We may also share your information in the following circumstances:
    • to prevent, investigate, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms of Service or any other agreement related to the Services, or as otherwise required by law.
    • to conform to legal requirements, or to respond to lawful court orders, subpoenas, warrants, or other requests by public authorities (including to meet national security or law enforcement requirements).
  • Personal information may also be shared with a company that acquires our business, whether through merger, acquisition, bankruptcy, dissolution, reorganization, or other similar transaction or proceeding. If this happens, we will post a notice on our home page.
  • DataCandy will always ask for your consent before sharing your personal information with third parties for purposes other than those described in this Section 2.
  • DataCandy is responsible for all onward transfers of personal information to third parties in accordance with Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA).

 

3. Information from customers

 

What information do we collect from our merchants’ customers and why?

  • We collect our merchants’ customers’ name, email, shipping and billing address, payment details, company name, phone number, IP address, terminal information, information about transactions you initiate, information about the DataCandy-supported merchant stores that you visit, and information about the device or browser you use.
    • We use this information to provide our merchants with the Services, including supporting and processing orders, risk and fraud screening, and authentication.
  • We use some of the personal information you provide us to conduct some level of automated decision-making — for example, we use certain personal information (for example, IP addresses or payment information) to automatically block certain potentially fraudulent transactions for a short period of time.

 

When do we collect this information?

  • We collect this information when you use or access a store that uses our Services, such as when you visit a merchant’s site, place an order or sign up for an account on a merchant’s site.
  • Additionally, we partner with third parties who provide us information about our merchants’ customers, for example to help us screen out merchants associated with fraud.

 

When and why do we share this information with third parties?

    • To prevent, investigate, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms of Service or any other agreement related to the Services, or as otherwise required by law.
    • If the merchant whose store you visit or access directs us to transfer this information (for example, if they enable a third-party app that accesses customer personal information).
    • To conform to legal requirements, or to respond to lawful court orders, subpoenas, warrants, or other requests by public authorities (including to meet national security or law enforcement requirements).
  • Personal information may also be shared with a company that acquires our business or the business of a merchant whose store you visit or access, whether through merger, acquisition, bankruptcy, dissolution, reorganization, or other similar transaction or proceeding.

 

4. Information from DataCandy website visitors and support users

 

What information do we collect and why?

  • As you visit or browse the DataCandy websites, we collect information about the device and browser you use, your network connection, and your IP address. We also collect personal information submitted by you via any messaging feature available from any of our websites (“Messaging Feature”).
  • From telephone support users, we collect your phone number, call audio, and other personal information you provide us during our call. We may request additional documentation from you during our call to verify your identity.
  • From chat support users, we collect your name, email address, information about the device and browser you use, your network connection, your IP address, chat transcript, and other personal information you provide us during our chat. We may request additional documentation from you during our chat to verify your identity.

 

When do we collect this information?

We collect this information when you visit the DataCandy websites, use Services offered on our websites or engage with us either by email, web form, instant message, phone, or post content on or through our websites (including forums, blogs and via any Messaging Feature). We also collect any additional information that you might provide to us.

 

5. Why does DataCandy use cookies and similar tracking technology?

We use cookies to recognize your device and provide you with a personalized experience on our websites, or otherwise through the Services. We also use cookies as part of the Services, for example to operate the shopping cart for our merchants’ stores.

 

6. Third party apps

DataCandy’s platform allows merchants to connect their stores with third party applicationsto alter or provide new functionalities in their store. DataCandy is not responsible for and has no control over how these apps function. Merchants ultimately can control which apps they choose to use with their stores, and are responsible for making sure that they do so in compliance with relevant privacy and data protection requirements.

 

7. For how long do we retain your personal information?

In general, we keep your personal information throughout your relationship with us. For merchants, this means we will keep your information until you inform us that you wish to terminate your client relationship with us. For our merchants’ customers, we generally process your information solely as a data processor on behalf of our merchants, and it is up to the merchant to determine how long they will store your information in our systems.

DataCandy acts as a data processor on behalf of our merchants, except where personal data of merchants’ customers is used for the purposes specified for us in Section 3 ‘What do we use this data for?’ Purposes include for risk and fraud screening.

Once you terminate your relationship with us, we generally will continue to store archived copies of your personal information for legitimate business purposes such as to defend a contractual claim or for audit purposes and to comply with the law, except when we receive a valid erasure request, or, if you are a merchant, you terminate your account and your personal information is purged pursuant to our standard purge process.

 

8. What we don’t do with your personal information

We do not and will never share, disclose, sell, rent, or otherwise provide personal information to other companies (other than to specific DataCandy merchants you are interacting with, or to third party apps or service providers being used by those merchants if you are a consumer, or Partners that you hire if you are a merchant) for the marketing of their own products or services.

If you are a merchant using DataCandy’s Services, we do not use the personal information we collect from you or your customers to independently contact or market to your customers.

 

9. How do we keep your personal information secure?

We follow industry standards on information security management to safeguard sensitive information.

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.

 

10. Residents of the European Economic Area (“EEA”)

If you are located in the EEA, you have certain rights under European law with respect to your personal data, including the right to request access to, correct, amend, delete, port to another service provider, or object to certain uses of your personal data. If you are a merchant, a partner, a visitor of DataCandy’s websites, or a user of DataCandy’s support services and wish to exercise these rights, please reach out to us using the contact information below. If you are a customer of a merchant who uses DataCandy’s platform and wish to exercise these rights, please contact the merchants you interacted with directly — we serve as a processor on their behalf, and can only forward your request to them to allow them to respond.

 

11. Automated Decision-Making

In the course of offering our services, DataCandy uses a number of machine learning algorithms and forms of automated decision-making. For example, we use automated decision-making: to prevent risk and fraud by merchants and to help merchants avoid fraudulent transactions from their customers.

 

12. Control over and access to your personal information

DataCandy understands that you have rights over your personal information, and takes reasonable steps to allow you to access, correct, amend, delete, port, or limit the use of your personal information. If you are concerned about data collected DataCandy services, please contact us to make the required changes. If you are a merchant’s customer and wish to exercise these rights, please contact the merchants you interacted with directly — we serve as a processor on their behalf and can only forward your request to them to allow them to respond. It’s important to remember that if you delete or limit the use of your personal information, the Services may not function properly.

If you have any questions about your personal information or this policy, or if you would like to make a complaint about how DataCandy processes your personal data, please contact DataCandy by email at support@datacandy.com, or by using the contact details below.

 

13. How to contact DataCandy

If you would like to make a legal request or serve a subpoena or similar document seeking information about our merchants, their stores, or other parties whose data we process, please contact DataCandy directly.