Last updated August 31, 2020
Thank you for choosing to be part of our community at Gravity Payments, Inc. (“Company”, “we”, “us”, or “our”). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about our policy, or our practices with regards to your personal information, please contact us at [email protected]
1. WHAT INFORMATION DO WE COLLECT?
Personal information you disclose to us
In Short: We collect personal information that you provide to us.
We collect personal information that you voluntarily provide to us when expressing an interest in obtaining information about us or our products and services, when participating in activities on the Services or otherwise contacting us.
The personal information that we collect depends on the context of your interactions with us and the Services, the choices you make and the products and features you use. The personal information we collect can include the following:
All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information.
Information automatically collected
In Short: Some information — such as IP address and/or browser and device characteristics — is collected automatically when you visit our Services.
We automatically collect certain information when you visit, use or navigate the Services. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services and other technical information. This information is primarily needed to maintain the security and operation of our Services, and for our internal analytics and reporting purposes.
Like many businesses, we also collect information through cookies and similar technologies.
2. HOW DO WE USE YOUR INFORMATION?
In Short: We process your information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or your consent.
We use personal information collected via our Services for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We indicate the specific processing grounds we rely on next to each purpose listed below.
We use the information we collect or receive:
To send you marketing and promotional communications. We and/or our third-party marketing partners may use the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. You can opt-out of our marketing emails at any time (see the “WHAT ARE YOUR PRIVACY RIGHTS” below).
Fulfill and manage your orders. We may use your information to fulfill and manage your orders, payments, returns, and exchanges made through the Services.
To post testimonials. We post testimonials on our Services that may contain personal information. Prior to posting a testimonial, we will obtain your consent to use your name and testimonial. If you wish to update, or delete your testimonial, please contact us at [email protected] and be sure to include your name, testimonial location, and contact information.
Deliver targeted advertising to you. We may use your information to develop and display content and advertising (and work with third parties who do so) tailored to your interests and/or location and to measure its effectiveness.
Request Feedback. We may use your information to request feedback and to contact you about your use of our Services.
To protect our Services. We may use your information as part of our efforts to keep our Services safe and secure (for example, for fraud monitoring and prevention).
To enforce our terms, conditions and policies for Business Purposes, Legal Reasons and Contractual.
To respond to legal requests and prevent harm. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.
For other Business Purposes. We may use your information for other Business Purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Services, products, marketing and your experience. We may use and store this information in aggregated and anonymized form so that it is not associated with individual end users and does not include personal information. We will not use identifiable personal information without your consent. Additionally, some of our products rely on location-based information in order to function properly, and in such cases your personal information will be de-identified.
3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?
In Short: We only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfill business obligations.
We may process or share data based on the following legal basis:
Consent: We may process your data if you have given us specific consent to use your personal information in a specific purpose.
Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests.
Performance of a Contract: Where we have entered into a contract with you, we may process your personal information to fulfill the terms of our contract.
Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.
More specifically, we may need to process your data or share your personal information in the following situations:
Vendors, Consultants and Other Third-Party Service Providers. We may share your data with third party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work. Examples include: payment processing, data analysis, email delivery, hosting services, customer service and marketing efforts. We may allow selected third parties to use tracking technology on the Services, which will enable them to collect data about how you interact with the Services over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content and better understand online activity. Unless described in this Policy, we do not share, sell, rent or trade any of your information with third parties for their promotional purposes.
Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
4. WHO WILL YOUR INFORMATION BE SHARED WITH?
In Short: We only share information with the following third parties.
We only share and disclose your information with the following third parties. We have categorized each party so that you may be easily understand the purpose of our data collection and processing practices. If we have processed your data based on your consent and you wish to revoke your consent, please contact us.
Advertising, Direct Marketing, and Lead Generation
Google AdSense and Facebook Audience Network
Communicate and Chat with Users
Google Ads Remarketing, Google Analytics Remarketing, Facebook Custom Audience, Facebook Remarketing and LinkedIn Website Retargeting
Social Media Sharing and Advertising
Facebook advertising, Facebook social plugins, Twitter advertising, Twitter social plugins, Instagram advertising, LinkedIn advertising, LinkedIn social plugins and YouTube social plugins
Web and Mobile Analytics
Google Analytics, Google Tag Manager, Facebook Ads conversion tracking and Facebook Analytics
6. HOW LONG DO WE KEEP YOUR INFORMATION?
When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
7. DO WE COLLECT INFORMATION FROM MINORS?
In Short: We do not knowingly collect data from or market to children under 18 years of age.
We do not knowingly solicit data from or market to children under 18 years of age. By using the Services, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Services. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we have collected from children under age 18, please contact us at [email protected].
8. WHAT ARE YOUR PRIVACY RIGHTS?
In Short: You may review, change, or terminate your account at any time.
If you are resident in the European Economic Area and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Services. To opt-out of interest-based advertising by advertisers on our Services visit http://www.aboutads.info/choices/.
9. CONTROLS FOR DO-NOT-TRACK FEATURES
10. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
In Short: Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.
This section applies solely to visitors and users of our site who reside in the State of California. We have adopted this notice to comply with the California Consumer Privacy Act of 2018 (the “CCPA”) and the California Online Privacy Protection Act (“CalOPPA”), and any terms defined in the CCPA or CalOPPA have the same meaning when used in this notice.
For the purposes of this section “California Data Subject” shall mean: (1) an individual who is in the State of California for other than a temporary or transitory purpose, and (2) an individual who is domiciled in the State of California who is outside the State of California for a temporary or transitory purpose.
Information We Collect
We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California Data Subject or device (“personal information”).
In particular, we have collected the following categories of personal information from California Data Subjects within the last twelve (12) months:
|Category||Examples||Do we collect this data?|
|Identifiers||Real name, alias, postal address, unique personal identifier, online identifier, internet protocol (IP) address, email address, account name, or other similar identifiers||Yes|
|Characteristics of protected classifications under California or federal law||Race, gender, ethnicity, disability status||Yes (only from persons that apply for positions with Gravity)|
|Commercial information||Records of personal property, products, or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies||Yes|
|Biometric information||Fingerprint, facial pattern, voice, typing cadence||No|
|Internet or other electronic network activity information||Information regarding usage of a site, software, or app||Yes|
|Geolocation data||Physical location||Yes|
|Audio, electronic, visual, thermal, olfactory, or similar information||Recordings of a California Data Subject||No|
|Professional or employment-related information||Place of work, current occupation, duration of occupation, position/title||Yes (only from persons that apply for positions with Gravity)|
|Education Information||Information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act (FERPA)||Yes (only from persons that apply for positions with Gravity)|
|Inferences drawn from any of the information identified above||Information used to create a profile about the California Data Subject reflecting their preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes||No|
Sources of Personal Information. We obtain the personal information listed above from the following sources:
|Source||Example||Do we receive from this source?|
|Directly from you||From forms you complete or orders for products and services you purchase.||Yes|
|Indirectly from you||From observing your actions on our services.||Yes|
|Third Parties||We are provided information by our third-party vendors such as: [our Merchant Partners, our Technology Hosting Partners, and our Marketing Partners]||Yes|
Use of Personal Information. We may use or disclose the personal information we collect for one or more of the following business purposes:
1. To fulfill the purpose for which you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may use personal information you provide us to provide technical support. In addition, we may use the above information:
2. To provide, support, personalize, and develop our websites, products, and/or services;
3. To create, maintain, customize, and secure your account with us;
4. To process your requests, purchases, transactions, and payments and prevent transactional fraud;
5. To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses;
6. To help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business;
7. To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations; and
8. As described to you when collecting your personal information or as otherwise set forth in the CCPA.
We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
We do not sell your personal information to third parties. We do share personal information with our third-party service providers and vendors in order to provide you the Service.
Your Rights and Choices
This section describes your CCPA rights and explains how to exercise those rights.
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past twelve (12) months. Once we receive and verify your request, we will disclose to you:
1. The categories of personal information we collected about you;
2. The categories of sources for the personal information we collected about you;
3. Our business or commercial purpose for collecting or selling that personal information;
4. The categories of third parties with whom we share that personal information;
5. The specific pieces of personal information we collected about you (also called a data portability request);
6. If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
a. sales, identifying the personal information categories that each category of recipient purchased; and
b. disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and verify your request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We may deny your disclosure and/or deletion request if retaining the information is necessary for us or our service providers to:
1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you;
2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
3. Debug products to identify and repair errors that impair existing intended functionality;
4. Exercise free speech, ensure the right of another California Data Subject to exercise their free speech rights, or exercise another right provided for by law;
5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.);
6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent;
7. Enable solely internal uses that are reasonably aligned with California Data Subject expectations based on your relationship with us;
8. Comply with a legal obligation, such as other privacy or data protection statutes and regulations that place restrictions on our ability to disclose information including, but not limited to, the Gramm–Leach–Bliley Act, PCI Data Security Standards, and state privacy acts; and
9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
To exercise the access, data portability, and deletion rights described above, please submit a verifiable California Data Subject request to us by sending us an email at [email protected] or calling us at (866) 701-4700.
Only you or a person registered with the California Secretary of State, that you authorize to act on your behalf, may make a verifiable California Data Subject request related to your personal information. You may also make a verifiable California Data Subject request on behalf of your minor child.
You may only make a verifiable California Data Subject request for access or data portability twice within a twelve (12) month period. The verifiable California Data Subject request must:
1. Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative; and
2. Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable California Data Subject request does not require you to create an account with us. We will only use personal information provided in a verifiable California Data Subject request to verify the requestor’s identity or authority to make the request.
We aspire to respond to a verifiable California Data Subject request within forty-five (45) days of receipt of the request. If we require more time (up to ninety (90) days) we will inform you of the reason(s) why an extension is needed and how long we anticipate the period to be. Any disclosure we provide will only cover the twelve (12) month period preceding the receipt of your request. If applicable, the response may provide the reasons why we cannot comply with your request. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable California Data Subject request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request. We reserve the right to refuse to respond to verifiable California Data Subject requests that are excessive, repetitive, or manifestly unfounded.
Right of Non-Discrimination.
We will not discriminate against you for exercising any of your CCPA rights. We will not take any of the following actions against you in response to an exercise of your rights:
1. Deny you goods or services.
2. Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
3. Provide you a different level or quality of goods or services.
Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
11. DO WE MAKE UPDATES TO THIS POLICY?
In Short: Yes, we will update this policy as necessary to stay compliant with relevant laws.
12. HOW CAN YOU CONTACT US ABOUT THIS POLICY?
If you have questions or comments about this policy, you may email us at [email protected] or by post to:
Gravity Payments, Inc.
5601 22ND STREET NW
Seattle, WA 98107
HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?
Based on the laws of some countries, you may have the right to request access to the personal information we collect from you, change that information, or delete it in some circumstances. To request to review, update, or delete your personal information, please submit a request form by clicking here. We will respond to your request within 30 days.
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