Effective Date: April 5th, 2020
1. Provision of Third Party Credentials. In order for us to provide the Services to you, we may ask that you (i) provide us with log-in credentials to your Provider accounts so that we can access and use your Provider account information as described in this Policy and/or (ii) provide us with your email credentials so that we may access the emails a Provider sends to such email account and use such email content as described in this Policy. If you do not consent to our access to these accounts or these credentials, please do not use the Services. Such credentials may be subject to unauthorized access and use despite TPass’s use of reasonable security measures, as no security measures are 100% effective. TPass recommends that you do not provide TPass with log-in credentials for any email account that you use for purposes other than your Provider relationships. In particular, TPass does not recommend that you provide TPass, or any third party, with log-in credentials for an e-mail account that you use in connection with any financial accounts, health data repositories or other services through which sensitive information may be obtained. There are many free services (such as Gmail, Yahoo! Mail and Hotmail) through which you may create an e-mail account that you use only for purposes of your Provider relationships and your use of the Services.
2. Collected Information. The information collected during your use of the Services includes the following:
(a) Submitted Information. As part of using the Services, you may submit certain information to us. For example, when you register for an account on the Services we will collect information from you, including Personal Information such as your first and last name, phone number, a photo that you upload and an email address. “Personal Information” means information such as a name or email address that we can directly associate with a specific person or entity without additional information. To the extent you decline to share certain information with us, we may not be able to provide some or all of the features and functionalities found on the Services.
(b) Provider Data. To provide you with the Services, we will use the log-in credentials you provide to review the contents of emails in your email accounts relating to your activities and transactions with Providers as well as information available through your Provider accounts relating to activities and transactions with that Provider. By way of example only, this information may include the number of miles driven over a given time, the amount of payments received from the Provider per task, or the number of times you worked with that Provider over a given period. We may analyze this information to come up with meaningful analysis of this data, such as the average amount of money earned per trip for the Provider or which times engaging for the Provider gives you the most payment.
(c)Automatically Collected Information. When you use the Services, we gather certain non-personally identifiable information from you, and this information can be associated with your user account. This includes usage information, such as information on when, how often and for how long you use the Online Service, as well as server log data such as a computer’s IP address, browser type or the webpage you were visiting before you came to the Online Service. We also collect information about the time and location you used the Store Service and the amount of change you added or redeemed.
(d)Tracking and Cookies. The Services may use both web beacons and cookies to collect information. “Beacons” (also often referred to as “pixels”) are tiny graphics on a web page designed to track when a page is viewed. “Cookies” are small text files containing a string of alphanumeric characters that are downloaded by your web browser or mobile device when you visit a website. We may use both session cookies and persistent cookies when you access and use the Services. Cookies may be used, for example, to remember your user account information and your preferences, to customize the interface of the Services for you and to assist us in measuring and analyzing Service traffic. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Services. Persistent cookies can be removed. Please review your browser’s documentation to learn the best way to modify your cookie settings. Like many websites, the Services does not currently respond to “do not track” browser headers. However, you can take steps to limit tracking by erasing cookies from your computer’s hard drive and by setting your browser to block all cookies or warn you before a cookie is stored.
(f) Location-Based Information. If you allow location-based tracking through your mobile device and App preferences, we will receive information regarding your precise location (using the GPS antenna within your device) when the App is running on your device. We also receive information from the compass on your mobile device, including course, velocity and altitude.
3. Use of Information. We internally use the information we collect as follows:
(a) Provider Data. With your authorization, we may access your email account or a Provider account to pull information about your history with that Provider. For example, this may include the number of orders or the amount of payment received from the Provider per task. We use this information to analyze the data and provide you with information about your engagement with the Provider.
(b) Provision of Services. We may use collected information for the purposes for which you provided the information including, for example, to create and maintain an account for you or to respond to a question that you e-mail to us. We also use the collected information as necessary to provide the features and functionality of the Services to you and as reasonably necessary for our business operations.
(c) Updates and Troubleshooting. We may also use the collected information to contact you regarding updates or modifications to the Services or to help troubleshoot problems, provide you with required notices in connection with disputes between you and another user or alert you to changes in our policies or agreements that may affect your use of the Services.
(d) Personalized Content. We may use the collected information to personalize the content that you and others see based on personal characteristics or preferences.
(e) Analytics and Improvements. We may also analyze collected information relating to your use of the Services in order to help us improve the Services and develop and improve other products and services.
(f) Promotional Offers. We may use the collected information to provide you with promotional materials and offers. However, we will give you the ability to opt out of receiving such e-mails in accordance with applicable law. We will not provide your personally identifiable information to third parties for their own marketing purposes without your consent.
(g) Combination. We may combine personal information collected through the Services with other information that we or third parties collect about you in other contexts—such as our communications with you via email, SMS text or phone, or your customer service records.
4. Disclosure of Information. We share and disclose the information we collect about you as follows:
(a) Third-party Service Providers. We use contractors and third-party service providers to assist us in making the Services available. Such third-party contractors or service providers may obtain access to the information you provide, including personally identifiable information. They are required to protect this information in a manner that is consistent with this Policy by, for example, not using the information for any purpose other than to carry out the Services they are performing for us.
(b) Advertising. We may provide advertisers and other third parties with aggregated, non-personally identifiable information about our user base and its interests and usage patterns. We may also partner with third party advertising companies in order to serve advertising regarding our products and services to users elsewhere on the web after they visit our website. This is a common practice called “retargeting.” For more information on such practices and the ability to opt-out, you may visit http://www.aboutads.info.
(c) Aggregated Data. We may make aggregated, anonymous data relating to activity on this Service available to third parties. By way of example only, this may include the provision or publication of reports regarding average income of contractors of a given Provider during some time period.
(d) Business Arrangements. We may disclose non-personally identifiable information to third-party partners in furtherance of our business arrangements with them, including without limitation to jointly offer a product or service to you or create interoperability between our products and services and the products and services of such partners.
(e) Transfer as Corporate Asset. In the event of a merger, sale of capital stock or assets, reorganization, consolidation or similar transaction involving Company, the information we possess, including personally identifiable information, shall be transferred as a corporate asset to the acquiring entity.
(f) Legal Requirement. We will use and disclose information where we, in good faith, believe that the law or legal process (such as a court order, search warrant or subpoena) requires us to do so or in other circumstances where we believe it is necessary to protect the rights or property of Company, our users and/or third parties.
(g) Affiliates. We may disclose this information to our affiliates for use as described in this Policy.
5. Effective Date; Changes. When we make any changes to our practices under this Policy, we will change the Effective Date. We will treat your continued use of the Services following such change as your acceptance of the changes. However, we will seek your affirmative consent prior to applying any material change to this Policy on how we use or disclose personally identifiable information to information we collected or received prior to the date of the change.
6. Third Parties. The Services may contain offers from third parties or links to third-party websites. This Policy does not apply to information that you may provide to or that may be collected by third parties. We encourage you to request such third parties to provide you with their applicable privacy policies and other terms and conditions before engaging with or making a purchase from such third parties.
7. Viewing, Amending and Deleting Information. You can log into your account and view or amend your account information at any time. To delete all data associated you’re your account, please email us at [email protected]. Please note that while changes to your profile information are reflected promptly in active user databases, our servers may retain previously provided information.
8. Security. The personally identifiable information we collect about you is stored in limited access servers. We will maintain reasonable safeguards to protect the security of these servers and your personally identifiable information. However, no security measures are 100% effective and we cannot guarantee the security of your personally identifiable information. We expressly disclaim any representation or warranty, whether express or implied, with respect to ensuring, guaranteeing or otherwise offering any definitive promise of security in connection with your personal information or usage information.
9. Children Under 13. We do not knowingly collect information from children under 13 and the Services are not directed at children under 18. If you are a parent and believe your child under the age of 13 has used the Services and provided personally identifiable information to us through the Services, please contact us at the phone number and address provided in Section 10 of this Policy and we will work to delete that Service account and any such personally identifiable information.
10. Transfer to the U.S. or Other Countries. Company uses facilities in the United States. Your information will be stored and processed in the United States or other countries where Company has facilities. By using the Services, you consent to the transfer of information outside of your country, even if your country has more rigorous data protection standards.
(a)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 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 POS 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' marketing preferences, such as whether the customer wishes to receive marketing communications or newsletters
- Information about participating customers' activity in a merchant loyalty program
- Customers' physical address, where needed for delivery of goods or services
- Other information the customer provides, such as birthdate, interests or preferences, reviews, and feedback
Information that we collect about Merchants' personnel
We may collect information about Merchants' personnel and interactions with the Clover POS, such as clock-in and clock-out time and tips earned [describe any other applicable information].
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 [describe any other applicable information]. The types of information that merchants may provide to us about their personnel include email addresses, phone numbers, shifts, and sales history [describe any other applicable information].
(b)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. We may share information about your order with Clover Network, Inc., which information will be handled pursuant to Clover’s Privacy Notice, currently located at https://www.clover.com/privacy-policy
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; (c) protect our rights, privacy, safety or property, and/or that of you or others; and (d) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity.
(c)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; (c) protect our rights, privacy, safety or property, and/or that of you or others; and (d) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity.
(d)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.
11. Contacting Us. If you have any questions about this Policy, please contact us at: TPass. Attn: Privacy Questions 2225 E Bayshore Rd, Palo Alto, CA 94303 Phone: 1-408-838-6383 Email: [email protected]