PeachPay Privacy Policy

PeachPay, Inc. (together with our subsidiaries and Affiliates, “PeachPay,” “we”, “our” and “us”) respects your privacy. This Privacy Policy explains the kinds of information we may collect, how we use and share this information, and how you can exercise your rights in relation to such information. Capitalized terms not defined in this Privacy Policy have the meaning set forth in the PeachPay End User Terms of Use.

This Privacy Policy only applies to Personal Information that is Processed by PeachPay in our capacity as a “business” or other similar term under applicable data protection laws. Except as otherwise stated herein, this Privacy Policy does not apply to any uses of Personal Information by a PeachPay Merchant or any Personal Information that PeachPay Processes on behalf of the PeachPay Merchant pursuant to a separate customer agreement. If you are a customer of a PeachPay Merchant, you should check the privacy policies of the PeachPay Merchant to understand how they may use your Personal Information. The PeachPay Services may, from time to time, contain links to and from the websites of other businesses. If you follow a link to any of these websites, please note that these websites have their own privacy notices and that we do not accept any responsibility or liability for their privacy obligations. Please check their privacy notices before you submit any Personal Information to these websites.

Enabling usage tracking helps us

• 1. Provide you, the store owner or developer, with a smoother and faster onboarding experience.
• 2. Understand how your store is set up and informs the development of new features for PeachPay.
• 3. Understand how your store is impacted if something goes wrong with a specific feature or update, and act more quickly to resolve issues.
• 4. Contact users if we detect an issue, whether technical or security-related.

What we’ll track

Examples of what we track

• 1. Store URL
• 2. Admin’s email address
• 3. Technical details about the active theme and plugins
• 4. Basic information about the store: count of customers; count, time span and revenue for orders per payment gateway
• 5. PeachPay settings usage (e.g. product recommendations, field editor, currency switcher)

“Personal Information” is any information relating to an identified or identifiable natural person. “Process” or “Processing” means any operation which is performed upon Personal Information. The types or categories of Personal Information we collect and how we collect and Process it depends on the nature of the relationship you have with PeachPay and the requirements of applicable law. We may collect the following information:

Information You Provide Directly to Us. We collect Personal Information you provide directly to us, including Personal Information and transaction information when you use the PeachPay Services, including your account information such as name, phone number, email address, and credit card number when you create a PeachPay Account or a PeachPay Merchant Account, your contact information when you communicate with us, and information you may provide to us in connection with surveys, contests, or sweepstakes. When you communicate with PeachPay (via email or telephone) we collect the contents of those communications, including recording the call time, call duration, and contents of telephone calls.

Information from Other Sources. When you make a purchase from a PeachPay Merchant using your PeachPay Account, PeachPay collects information your purchase such as order information, shipping information, order updates, purchase frequency, PeachPay Merchant account information, and any rewards or discounts applicable to your purchase. PeachPay may also obtain information about you from other sources, including publicly- or commercially-available information and through third-party partners and service providers.

Automatic Data Collection. We may collect certain information automatically through your use of the PeachPay Services (including our websites), such as your Internet protocol (IP) address, Technologies including cookie identifiers and mobile advertising identifiers, mobile carrier, MAC address, IMEI, and other device identifiers that are automatically assigned to your device, browser type and language, geo-location information, hardware type, operating system, Internet service provider, pages that you visit before and after using the PeachPay Services, the date and time of your visit, the amount of time you spend on each page, information about the links you click and pages you view within the PeachPay Services, and other information about actions taken through use of the PeachPay Services.

We Process Personal Information for a variety of business purposes, including:

To Provide the PeachPay Services or Information Requested by You. PeachPay will use your Personal Information to provide the PeachPay Services. For example, if you have a PeachPay Account, PeachPay will use your Personal Information in connection with your transactions with PeachPay Merchants, including to (i) process payments for purchases from PeachPay Merchants; (ii) verify your identity to approve transactions, and monitor your online behavior to identify potentially fraudulent, prohibited or illegal transactions (including through the use of automated decision making technologies); (iii) communicate with you about your purchases, e.g. to provide shipping and returns updates; and (iv) to personalize your shopping experience with PeachPay Merchants.

For Administrative Purposes. PeachPay may use your Personal Information for our administrative purposes, including (i) to respond to your questions, comments, and other requests for customer support, technical support, or information, including information about potential or future services; (ii) to send you an SMS login code; (iii) to provide you access to certain areas, functionalities, and features of the PeachPay Services; (iv) for internal quality control purposes; (v) if you have a PeachPay Account or PeachPay Merchant Account, to communicate with you about your PeachPay account and the PeachPay Services, including by sending emails to the email address you provide to us to verify your account and for informational and operational purposes, such as account management, customer service, or system maintenance, and changes to PeachPay policies; (vi) to enforce our agreements; and (vii) to generally administer the PeachPay Services.

To Market the PeachPay Services. PeachPay may use Personal Information to market the PeachPay Services as permitted by applicable law. Such uses include (i) notifying you about offers and services that may be of interest to you; (ii) tailoring content, advertisements, and offers for you; (iii) conducting market research; (iv) developing and marketing new products and services, and measure interest in PeachPay’s services; (v) other purposes disclosed at the time you provide Personal Information; and (vi) as you otherwise consent.

De-identified and Aggregated Information Use. PeachPay may use Personal Information and other information about you to create de-identified and/or aggregated information. De-identified or aggregated information is not Personal Information, and PeachPay may use such information in a number of ways, including the measurement of visitors’ interest in and use of various portions or features of the PeachPay Services, for research, internal analysis, analytics, and any other legally permissible purposes.

Cookies and Similar Technologies. We, as well as third parties that provide content, advertising, or other functionality on the PeachPay Services, may use cookies, pixel tags, local storage, and other technologies (“Technologies”) to automatically collect information through the PeachPay Services. We use Technologies that are essentially small data files placed on your device that allow us to record certain pieces of information whenever you visit or interact with the PeachPay Services. If you would like to opt out of the Technologies we employ on the PeachPay Services, you may do so by blocking, deleting, or disabling them as your browser or device permits. See our Cookie Policy for more information.

We may share your information as set forth below:

PeachPay Merchants. We may share any information we receive from you with the PeachPay Merchant from whom you purchase or seek to purchase products or services in order to facilitate and support your transaction. Your Personal Information will also be subject to the PeachPay Merchant’s privacy policy. We are not responsible for the privacy and security practices of PeachPay Merchants.

Service Providers. We may share any information we receive with service providers that help us provide the PeachPay Services. The types of service providers to whom we entrust Personal Information include service providers for: (i) the provision of the PeachPay Services; (ii) the provision of hosting, IT and related services; (iii) the provision of information and services you have requested; (iv) payment processing; and (v) customer service activities.

Affiliates. PeachPay may share Personal Information with our Affiliates for our and our Affiliates’ internal business purposes or to provide you with a service that you have requested. “Affiliate” means any entity that, directly or indirectly, controls, is controlled by, or is under common control with PeachPay.

Business Partners. PeachPay may also provide Personal Information to business partners with whom we may jointly offer products or services, or whose products or services we believe may be of interest to you. PeachPay requires our affiliates and business partners to agree in writing to maintain the confidentiality and security of Personal Information they maintain on our behalf and not to use it for any purpose other than the purpose for which PeachPay provided them.

Advertising Partners. Through the PeachPay Services, PeachPay may allow third-party advertising partners to set Technologies (e.g., cookies) to collect information regarding your activities (e.g., your IP address, cookie identifier, page(s) visited, time of day). These advertising partners may use this information (and similar information collected from other websites) for purposes of delivering targeted advertisements to you when you visit non-PeachPay related websites within their networks. This practice is commonly referred to as “interest-based advertising” or “personalized advertising.” If you prefer that we do not share your Personal Information with third party advertising partners, you may opt out of such sharing by following the instructions in our Cookie Policy.

Disclosures to Protect Us or Others. We may access, preserve, and disclose any information we have associated with you if we believe doing so is required or appropriate to: (i) comply with law enforcement or national security requests and legal process, such as a court order or subpoena; (ii) respond to your requests; (iii) protect yours’, ours’ or others’ rights, property, or safety; (iv) enforce PeachPay policies or contracts; (v) collect amounts owed to PeachPay; (vi) prevent physical harm or financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or (vii) carry out actions that we believe are otherwise necessary or advisable. In addition, from time to time, server logs may be reviewed for security purposes – e.g., to detect unauthorized activity on our services. In such cases, server log data containing IP addresses may be shared with law enforcement bodies in order that they may identify users in connection with their investigation of the unauthorized or illegal activities.

Merger, Sale, or Other Asset Transfers. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of company assets, or transition of service to another provider, then your information may be sold or transferred as part of such a transaction as permitted by law and/or contract.

International Data Transfers. All Personal Information collected by PeachPay will be transferred to and stored in the United States. By choosing to visit our website, utilize the PeachPay Services or otherwise provide information to us, you acknowledge that your Personal Information may be transferred to countries outside of your country of residence, including the United States, which may have different data protection rules to those of your country.

You may have choices about our use and disclosure of your Personal Information:

Direct Marketing: Email. If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt out of receiving future emails, and we will process your request within a reasonable time after receipt. We may also send you certain non-promotional communications regarding PeachPay and our services and you will not be able to opt out of those communications.

Do Not Track. Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.

Your Privacy Rights. In accordance with applicable law, you may have the right to: (i) request confirmation of whether we are processing your Personal Information; (ii) obtain access to or a copy of your Personal Information; (iii) receive an electronic copy of Personal Information that you have provided to us, or ask us to send that information to another company (the “right of data portability”); (iv) object to or restrict our uses of your Personal Information; (v) seek correction or amendment of inaccurate, untrue, incomplete, or improperly processed Personal Information; (vi) withdraw your consent; and (vii) request erasure of Personal Information held about you by us, subject to certain exceptions prescribed by law. If you would like to exercise any of these rights, please contact us as set forth below.

We will process such requests in accordance with applicable laws. To protect your privacy, we will take steps to verify your identity before fulfilling your request.

If you are located in the European Economic Area (“EEA”), Switzerland, or the United Kingdom:

PeachPay takes reasonable steps to ensure that the Personal Information we collect is reliable for its intended use, accurate, complete, and up to date. Our legal basis for collecting and using the Personal Information described in this Privacy Policy will depend on the Personal Information concerned and the specific context in which we collect it. We collect and use your Personal Information to pursue our legitimate interests, in order to enter into or perform a contract with you, with your consent, or to comply with our legal obligations. If you wish to learn more about specific legal grounds we rely on to process your Personal Information for any particular purpose (including any legitimate interests we have to process this information), please contact us as provided in Section 11.

You have the right to lodge a complaint with the data protection authority about our collection and use of your Personal Information in relation to the General Data Protection Regulation (GDPR) and other applicable law. For more information or to submit a complaint, please contact your local data protection authority. Contact details for data protection authorities in the EEA and Switzerland are available here. Contact details for the Information Commissioner’s Office in the United Kingdom are available here.

If you have any questions, comments, or suggestions about our privacy practices, this Privacy Policy, or if you wish to submit a request to exercise your rights as detailed in this Privacy Policy, please contact PeachPay by email at [email protected]. We will address your concerns and attempt to resolve any privacy issues in a timely manner.

You may also contact us by mailing us at: