PRIVACY NOTICE FOR MERCHANTS
PayFacto Payments inc. together with its affiliates, subsidiaries, and related entities (collectively, “PayFacto”, “we”, “us” and “our”) are committed to the protection of your privacy. This privacy Notice (the “Notice”) explains why and how we collect, use, share, store, transfer, and protect (collectively, “Processing”, “Process” and any variation thereof) your Personal Information, as more fully described hereunder. How we Process your Personal Information may evolve over time, so this Notice may be updated from time to time to reflect any changing practices. This notice applies to all PayFacto Merchants, unless they use a service covered by a separate privacy notice.
1. About this Notice
This Notice explains why and how PayFacto processes your Personal Information in connection with the products and services offered by PayFacto (the “Services”). The Notice also describes why and how we Process your Personal Information on behalf of third-party services providers (“Third-Party Providers”), such as via any loyalty program or provide them with email marketing services to send the Messages if, in addition to payment processing services, you have also subscribed to any Point-of-Sales (“POS”) license with PayFacto, such as Veloce, Maitre’ D or other POS. For more clarity, if you have only subscribed to payment processing services, PayFacto will not share your Personal Information to such Third-Party Providers without your prior consent. The Third-Party Providers with which you are interacting may also Process your Personal Information for other purposes in which case, we invite you to contact such Third-Party Providers to address your rights or to learn more about how your Personal Information is Processed.
Our policy on why and how PayFacto Process your Personal Information when you visit our website, mobile application, and other platforms, including through Cookies can be found through the following link: https://velocehq.com/en/privacy-policy/.
2. Definition of Personal Information:
For the purpose of this Notice, “Personal Information” means any information about an identifiable individual, which includes information that can be used on its own or with other information to identify, contact, or locate a single person. In general, Personal Information does not include business contact information, such as your name, title, or business contact information.
3. Personal Information collected:
The Personal Information that we collect may include, but is not limited to:
- Contact information (e.g., your name, address, email and phone number, username and passwords of your account, if any);
- Financial information, such as banking information, void cheques, etc.;
- Date of birth;
- Social media accounts;
- Survey feedback;
- Technical information (e.g., information about your mobile and/or computer devices, GPS location or the unique identifier of your device, the transactions you make).
If you subscribed to a Software as a Service (SaaS) from PayFacto, such as IShopFood, Veloce or Maitre’D, in addition to the Personal Information indicated above, the Personal Information that we collect may also include, but is not limited to:
- Employees’ contact information (e.g., name, address, email and phone number), date of birth, position, hire date/end date, social insurance number, time off, work schedule, username, passwords, social media accounts, etc.;
4) How the Personal Information is collected:
Generally, we will collect the Personal Information that we need directly from you or your end-users, for example when you subscribe or purchase a Service. We may also gather information that is generated by your mobile and/or computer devices (e.g., mobile advertising identifiers, location information and IP address).
We generally Process your Personal Information because you have consented to it, unless applicable laws permit another applicable legal basis (e.g., for the purpose of complying with our legal obligations, where necessary for establishing, exercising, or defending a legal claim, a prospective legal claim, legal proceedings or prospective legal proceedings).
You have the right, if you so choose, to refuse the Processing of your Personal Information. You may also, at any time, and subject to reasonable notice and applicable legal or contractual restrictions, withdraw your consent (if any) to the Processing of your Personal Information in our possession by contacting us. You should be aware, however, that if you choose not to provide your Personal Information, this may prevent you, for example, from using the Service, as this information is essential to the provision of such Service. If you have questions regarding this Notice, you may contact PayFacto at the email address found through the following link: email@example.com.
5) Purposes for collecting the Personal Information:
a. PayFacto generally collects your Personal Information for the following purposes (the “Purposes”):
- Provide you with the Service;
- Respond to your queries or questions;
- Authenticate the Users of an account;
- Provide you with advertising while using the Service or Third-Party Providers including social media;
- Recommend and/or facilitate the provision of additional services and products from PayFacto or from Third-Party Providers;
- Administer the surveys that you have agreed to complete;
- Administer loyalty programs; and
- Send the Messages and manage email campaigns on behalf PayFacto or third-Party Providers.
If you have consented to receive such information, PayFacto may send you newsletters, electronic messages, news on, among others, new features or new products, updates, contests, special offers and/or other written communications (the “Messages”) about PayFacto’s services and/or products and/or products or services of Third-Party Providers. Messages may be sent by PayFacto for its own purposes or on behalf of Third-Party Providers. In the latter case, we invite you to contact the Third-Party Providers to address your rights or to learn more about how your Personal Information is Processed by them. PayFacto may also use Direct Push and your geographical information on our mobile application to send you alerts about local promotions.
You may opt-out of receiving the Messages by following the instructions contained in the Messages. You may also disable the Direct Push notice through your device settings. A delay of ten (10) days may be required to treat your request. However, PayFacto may continue to send you Messages to inform you about available upgrades or critical technical service issues relating to the Service, or to provide you with important information on your account.
PayFacto may also aggregate and anonymize Personal Information that you have provided to create statistical data which we may use to improve the Service, examine trends and interests, train machine learning algorithms, or share with its third-party partners including the Users, advertising partners and research centres. Such statistical data does not include any Personal Information.
6) When your Personal Information can be shared
1) PayFacto does not rent or sell any of your Personal Information to third parties and will not share it with third parties without your consent unless it is necessary to do so by law or for the Purposes as set forth below.
2) In the course of their work, our employees may need to access your Personal Information, namely when a User contacts us or requests support. The employees’ access is limited to what is necessary to perform their duties.
3) We may share your Personal Information with our partners and Third-Party Providers to the extent that such disclosure is required for the Purposes. PayFacto may use third parties to facilitate its business, such as delivery companies, hosting services providers, loyalty program providers, integrated POS and payment systems, online reservation system and other contractors, for sending out e-mail updates about PayFacto and the Service or for providing customer support services. In connection with these business operations, Third-Party Providers may have access to your Personal Information for use for a limited time in connection with these business activities. Where we use Third-Party Providers for the Processing of any Personal Information, we implement reasonable contractual and technical protections in order for such third parties to keep all Personal Information they Process strictly confidential. Please note that these Third-Party Providers may be located elsewhere than your location in which case, appropriate measures are taken by PayFacto regarding the storage and transfer of your Personal Information.
4) We may also share your Personal Information if required to do so by law or in the good faith belief that such action is necessary to: (i) comply with the law, the order of a competent judicial authority in any jurisdiction or a legal process served on PayFacto; (ii) protect and defend the rights or property of PayFacto; (iii) enforce or verify your compliance with any part of the agreements that you have entered into with PayFacto, if any; (iv) prevent fraud or other illegal activity perpetrated through the Service; or (v) act in urgent circumstances to protect the personal safety of users of the Service or the public at large.
5) We may share your Personal Information without your permission when our operations require it (i.e in the event of a merger, acquisition, bankruptcy, or sale of assets). In such cases, we may also share some or all of your Personal Information to the relevant third-party (or its advisors) as part of a due diligence process.
6) Where you have expressly consented, your Personal Information may be shared with other third parties. For example, there may be specific instances where additional terms apply and, through these, we make clear that specific third parties Process your Personal Information.
7) Retention of your Personal Information
We will retain your Personal Information only for as long as necessary to fulfill the Purposes for which it was collected, or as required for our legitimate interests, or to comply with applicable legal, tax or regulatory requirements. After such time, any Personal Information we hold will be destroyed, deleted, or made anonymous.
8) Protection of your Personal Information
a. Security measures
PayFacto has security measures in place to protect your Personal Information. The standard security measures we use will depend on the type of information collected. However, we use physical, electronic, and procedural safeguards that comply with applicable regulations to protect your Personal Information. We encourage you to be very cautious when using the Internet and namely, to never share your passwords. If you think an unauthorized account has been created using your name, please contact us immediately. [CL1]
b. Tools under your control
You can control the tools on your mobile devices. For example, you can turn off the GPS locator or Direct Push on your phone. Each Direct Push provides a link to unsubscribe.
The Service are only available and designed for individuals having reached the legal age in their relevant area. We do not knowingly Process any Personal Information from minors. If you believe that Personal Information has been collected from a minor, or if you are a parent or legal guardian and think that your child has provided us with Personal Information, you are invited to contact us.
9) Storage and transfer of your Personal Information
Your Personal Information may be held by PayFacto in locations other than your province, territory, state, or country of residence. PayFacto may also subcontract Processing to or share your Personal Information with third parties located elsewhere, including locations other than your province, territory, state, or country of residence. In such a case, we will ensure that your Personal Information is transferred to countries that have received an adequacy decision from the competent authority, or that your Personal Information is adequately protected by appropriate technical, organizational, contractual, or other lawful means. If you would like to obtain more information on these security measures, please contact us (see “Contact Us” below).
10) Your rights
Depending on applicable laws, you might have the right to :
- obtain access to, or rectification of your Personal Information,
- withdraw your consent (if any),
- not be discriminated against,
- restrict and object to the use and Processing of your Personal Information by PayFacto, or the right to data portability by, namely, receiving a copy of all Personal Information that PayFacto has about you in a structured, commonly used and machine-readable format.
To exercise any of these rights (to the extent available), please contact PayFacto as set forth in the Section “Contact us”.
11) Contact us
If you have any questions about any aspect of this Notice, wish to send a comment, make a complaint or exercise any of the rights made available to you according to applicable laws, please do so through the “Contact Us” link on the Service or PayFacto Platforms, when such link is available, or please contact our Privacy Officer as follows:
PAYFACTO PAYMENTS INC.
Care of: Privacy Officer
Your request may be accepted or denied by PayFacto based on the applicable laws. PayFacto will take prompt corrective action when it learns of any failure to comply with this Notice. PayFacto shall not be liable for any indirect, incidental, consequential or punitive damages relating to this Notice.
You may file a complaint with the competent authority at any time if you believe that PayFacto is not Processing your Personal Information in a manner that is compliant with this Notice or with the applicable laws.
12) Changes to this Notice
PayFacto frequently revises this Notice to keep it up to date with applicable legislation and its operations. If material changes are made to the Notice, then update notices (such as online notices or emails) may be used to alert you of such changes. Otherwise, the posting of the revised Notice on the Service and PayFacto Platforms shall be considered sufficient notice to you, and by continuing to use the Service, the PayFacto Platforms or the Messages or by submitting Personal Information to us, you are consenting to any changes to our Notice.
PayFacto Payments Inc.
1, Place du Commerce #402
Montreal (Quebec) H3E 1A2
Telephone (toll-free): 877 341-8293
Last revised: May 2023