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• Who is BinderPOS?
  BinderPOS Limited is a New Zealand company.

BinderPOS Limited’s head office is:

Matley Limited 

150 Grantham Street 

Hamilton Central 

Hamilton, 3204 

New Zealand

NZ Company Number: 6904598

Email: [email protected]

• When does this privacy policy apply?

This privacy policy applies to personal information we collect from visitors to our website, our customers and other persons with whom we deal directly.  

We collect, hold and process two categories of personal information: Account and Marketing Data.  

“Account and Marketing Data” is personal information that we collect from you:

• in connection with the creation or administration of a customer account
• if you ask to receive information about us or our services or sign up to our newsletter
• when you sign up to or access or use our services
• when you contact us directly (e.g. telephone call, website enquiry form, email or through our social media channel) or visit our website
• Some examples of this information include, but are not limited to, your first and last name, email, store name, store address, and phone number

“Customer Data” is personal information that users of our services upload to or store, collect or process using our services, e.g. information about their customers.

Our customers determine what and how they collect, use, disclose and transfer Customer Data.  This means that our customers’ collection and use of Customer Data is governed by their privacy policy and practices, not ours.  We require our customers to sign a written agreement with us obligating them to comply with applicable privacy and data protection laws.

We only process Customer Data as authorized by our customers in our Terms of Service and/or other agreements with our customers that govern the processing of Customer Data (as applicable). Unless required otherwise under applicable law, if we receive any request or enquiry relating to Customer Data, we will forward this request to our relevant customer.  

For the purposes of the European Union General Data Protection Regulation (and the equivalent laws of the United Kingdom), our customers are the data controller when storing or otherwise processing Customer Data and we are the data processor.  

For the purposes of the California Consumer Privacy Act 2018, we are a service provider to our customers when we hold or process Customer Data.

The remainder of this privacy policy does not apply to Customer Data.

• What personal information do we collect?
  As part of our services to you we will collect certain of your personal information. Any optional information is clearly highlighted, and you can utilize our services without providing this information.

The following provides details of what personal information is collected per service:

• Using BinderPOS
• When you sign up for BinderPOS, we will ask you to provide basic contact information including first and last name, email, phone number, store name, store address, and your payment information.
• When you utilize the platform, we will collect information about how you interact with our services and the actions you take including your IP address.
• Contacting us via Social Media
• When you contact us via social media, we collect information about your social media ‘handle’ used and the contents of your posting.
• Contacting us via our Contact Form
• When you contact us via our online contact form, we collect your email address and phone number. We will also collect the contents of your query.
• Emailing us
• When you email us, we collect your email address and any contact information provided. We will also collect the contents of your email.
• When you attend a live demo
• When you register for a live demo we collect basic contact information such as first and last name, email, phone number, and store name.
• When you sign up for our newsletter
• When you sign up to receive our newsletter we collect your email address.
• Tracking Information 
• We may collect statistical information, including but not limited to, about your visit to our website to help us improve it and track trends in usage.

• How do you use tracking technologies including cookies?
  A cookie is a piece of code that creates a file on your computer to track the pages that you view on our website. Cookies can be used to collect information relating to your use of a website or your device, let you navigate between pages effectively, help to remember your preferences and generally improve your browsing experience.

You may turn off cookies at any time. Most browsers have a feature that allows the user to refuse cookies, or issues a warning when cookies are being sent. However, if you do this, you may have to manually adjust some preferences every time you visit our website and attempt to use our services, you may not be able to access certain parts of our website or services, and some functionalities may not work.

An SDK is a section of code that we embed in our websites and services to allow third parties to collect information about how you interact with our services.

Tracking pixels (sometimes referred to as web beacons or clear GIFs) are tiny electronic tags embedded in websites, online ads and/or email, and that are designed to provide usage information like ad impressions or clicks, email open rates, measure popularity of the services and associated advertising.

We do not track you across other websites or allow third parties to do this whilst you are using our services. We, therefore, don’t respond to “Do Not Track” signals.

We use Google Analytics to collect information about visitors to our website. For further information on how Google uses your personal information when you use our website and how to opt out of Google’s use of cookies, see here. 

If you follow a link on our website to another website, the owner of that website will have its own cookies.  We suggest you review that website’s cookie policy before you visit that website.

• Why do we collect your personal information?
  We collect personal information for some or all of the following reasons, to:

• enable us to provide the services you have subscribed to.
• support capacity planning.
• comply with our legal obligations e.g. tax obligations.
• provide information and marketing to you about our services.
• assist with your support request.
• bill you and collect money that you owe us.
• enable us to identify breaches of our terms and conditions.
• assist with the identification of fraud.
• answer your query or complaint.
• conduct research and statistical analysis (on an anonymised basis).
• protect and/or enforce our legal rights and interests, including defending any claim.
• respond to lawful requests by public authorities, including to comply with law enforcement requirements.
• for any other purpose authorized by you or applicable law.  

We use a third party service provider to process credit card transactions. We do not have access to your credit card information. The name of this third party provider will generally be displayed when you are requested to enter your credit card information.  You can see further information about how they process your credit card information in their privacy policy. 

• What legal basis do we have for processing your personal information?
  The legal basis for our processing of personal information that we collect, use and disclose depends on the personal information collected and the context in which we collect it.

Generally, we process your personal information:

• where you have given us consent
• where we need to process the information in order to provide the services you have requested and/or to fulfill our customer agreement with you
• where processing is necessary for the purposes of our legitimate interests (except where such interests are overridden by your interests or fundamental rights and freedoms).  

We may also process your personal information to comply with the law.

If you have any question about the legal basis on which we process personal information or need further information, please email us.

• Who do we share your information with?
  Some of the functions of our business are performed by other companies in our group. We may share your personal information with another company in our group for these purposes.

We may disclose your personal information to any business that supports our services and products, including any person that hosts or maintains any underlying IT system or data center that we use to provide our website, services and products.

We do not share your personal information with third parties for their own direct marketing purposes. We also do not sell or trade in your personal information for any reason. However, as detailed within Google’s privacy policy they may share information they have collected publicly and with their partners.

Personal information (to avoid doubt, excluding Customer Data) may also be shared with a company that acquires our business, whether through merger, acquisition, bankruptcy, dissolution, reorganization, or other similar transaction or proceeding or with our professional advisers e.g. accountants, lawyers, or auditors.

We do not disclose your personal information to any third party other than those described previously or when we have your consent or it is legally required.

• How do we secure your information?
  We use appropriate technical, organizational, and administrative security measures to protect any information we hold from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. 

You must prevent unauthorized access to your account by selecting and protecting your password appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account.

• Do we use automated decision making or profiling?
  We do not use automated decision making or profiling.
  
  

• How long do we keep your information?
  We don’t keep your personal information for longer than necessary to accomplish our business purpose or as required by law.

  We will keep your personal information:

• Until we no longer have a valid reason for keeping it.
• Until you request us to stop using it.
• For as long as required by law.

We may keep just enough of your personal information to ensure that we comply with your requests not to use your personal information or comply with your right to deletion.

• Where do we hold your information?
  We hold your personal information in the following locations:

• New Zealand
• United States
• Canada
• Other global locations where our service providers are located.

We also hold information in Shopify’s Canadian database. 

Wherever your information is held we seek to ensure your rights are protected. If you are based in the European Union or the United Kingdom, we:

• Hold your information in Europe and countries with an adequacy decision (note New Zealand is one of these);
• Ensure we have suitable legal contracts; or

• Ensure an alternative legally compliant transfer mechanism is in place.
  
  

• What are your rights?
  
  

The right to access
Subject to certain grounds for refusal under applicable law, you have the right to access your information. Please email us if you wish to access the personal information we hold about you. 

Before you exercise this right, we will need sufficient evidence to confirm that you are the individual to whom the personal information relates.

The right to correction
If the information we hold about you is inaccurate or not complete, you have the right to ask us to rectify it. You can either correct your information within your account or request that we correct it by emailing us.

If you email us exercising this right, your email should provide evidence of who you are and set out the details of your request (e.g. the personal information to be corrected and the correction that you are requesting).

Where you request a correction, if we think the correction is reasonable and we are reasonably able to change your personal information, we will make the correction. In all other cases, we will take reasonable steps to make a note of the personal information that was the subject of your correction request.

If you are based in the European Union or the United Kingdom, you have the following additional rights:

The right to be informed

We have published this Privacy Notice to keep you informed as to what we do with your personal information. We strive to be transparent about how we use your personal information.

The right to access

You have the right to access your information as set out above and to require us to confirm whether we are processing your personal information. Please email us if you wish to exercise these rights.

The right to correction

If the information we hold about you is inaccurate or not complete, you have the right to ask us to rectify it. As set out above, you can correct your information either within your account or by emailing us. If we have shared your personal information with any third party, we will tell them about the rectification where possible. 

The right to erasure

This is sometimes called ‘the right to be forgotten’. When your personal information is no longer needed for the purposes for which you provided it, we will delete it. If you want us to delete all your personal information please email us and we will do so if deletion does not contravene any applicable law. If we have shared your personal data with any third party, we will take reasonable steps to inform those third parties that they must delete your personal information.

The right to restrict processing

You have the right to ask us to restrict how we process your personal information. This means We are permitted to store the data but not further process it. If you want us to restrict processing of your information, please email us.

The right to data portability

We will allow you to obtain and reuse your personal information for your own purposes across services in a safe and secure way. Please email us if you wish to port your information.

The right to object

You have the right to object to how we process your personal information. If you wish to object please email us.

The right to withdraw consent

If you have given us your consent to process your personal information but change your mind later, you have the right to withdraw your consent at any time. If you want to withdraw your consent, please email us.

The right to complain to a Supervisory Authority

You have the right to complain if you feel that we have not responded to your requests to solve a problem.

• How do I lodge a complaint?
  You can complain by writing to:

The Privacy Officer
Matley Limited 

150 Grantham Street 

Hamilton Central 

Hamilton, 3204 

New Zealand

Or email us.

You also have the right to make a complaint to the New Zealand Office of the Privacy Commissioner. Information about how to lodge a complaint is available on their website.

If you are a resident of the European Union or the United Kingdom you also have the right to make a complaint to your local Supervisory Authority

• United States Users

Users under Age 13

Our Services are intended for users who are 13 years of age and older. If you are under the age of 13, you are not permitted to submit any personal information to us. If you believe we might have any information from or about a child under 13, please contact us at email us.

Do Not Track Signals

Third parties may keep track of your browsing activities across third party websites. California Business & Professions Code Section 22575(b) provides that California residents are entitled to know whether we respond to “Do Not Track” browser signals. Certain web browsers enable users to activate a “Do Not Track” signal but we do not currently respond to the “Do Not Track” signal or other similar mechanisms.

Notice to California Residents. 

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a calendar year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please send an email to [email protected].

If you are under 18 years of age, reside in California, and have a registered account with the website, you have the right to request removal of unwanted data that you publicly post on the website. To request removal of such data, please contact us using the contact information provided and include the email address associated with your account and a statement that you reside in California. We will make sure that the data is not publicly displayed on the website, but please be aware that the data may not be completely or comprehensively removed from our systems. To request any other changes or information about our collection, use or disclosure of your information, please email us.

• Will you change this privacy notice?
  We may change this notice from time to time in the future. Any such changes will be posted here and, where appropriate, notified to you in writing. We advise you to check back frequently to see any updates or changes.

This policy was last updated on 12/15/22.