Privacy Policy

Effective date: May 25, 2018

What this policy covers

Your privacy is important to us, and so is being transparent about how we collect, use, and share information about you. This policy is intended to help you understand: This Privacy Policy covers the information we collect about you when you use our products or services, or otherwise interact with us (for example, submitting a contact form), unless a different policy is displayed. Payworks, we and us refers to Payworks GmbH, Payworks Ltd, and Payworks, Inc. We refer to our products, together with our other services and website as "Services" in this policy. This policy also explains your choices about how we use information about you. Your choices include how you can object to certain uses of information about you and how you can access and update certain information about you. If you do not agree with this policy, please do not access or use our Services or interact with any other aspect of our business. Where we provide the Services under contract with an organization (for example your employer) that organization controls the information processed by the Services. For more information, please contact your employer.

What information we collect about you

We collect information about you when you provide it to us, when you use our Services, and when other sources provide it to us, as further described below.

Information you provide to us

We collect information about you when you input it into the Services or otherwise provide it directly to us.

Account and Profile Information

We collect information about you when you register for an account in the Developer Portal or sign-up for or make purchases through Shopify. For example, you provide your contact information and, in some cases, billing information when you register for the Services. We keep track of your preferences when you select settings within the Services.

Content you provide through our products

The Services include the Payworks products you use, where we collect and store content that you post, send, receive and share. This content includes any information about you that you may choose to include. Examples of content we collect and store include: information provided by you through and into the Developer Portal for support of an SDK, the Payworks Shopify account, or any feedback you provide to us. We collect feedback you provide directly to us through the product and; we collect content using analytics techniques that hash, filter or otherwise scrub the information to exclude information that might identify you or your organization; and we collect clickstream data about how you interact with and use features in the Services.

Content you provide through our websites

The Services also include our website, owned and operated by us. We collect other content that you submit to the website, which include social media or social networking websites operated by us. For example, you provide content to us when you provide feedback or fill out a contact form.

Information you provide through our support channels

The Services also include our customer support, where you may choose to submit information regarding a problem you are experiencing with a Service. Whether you designate yourself as a technical contact, open a support ticket, speak to one of our representatives directly or otherwise engage with our support team, you will be asked to provide contact information, a summary of the problem you are experiencing, and any other documentation, screenshots or information that would be helpful in resolving the issue.

Payment Information

We collect certain payment and billing information when you register for certain paid Services (e.g. Shopify). For example, we ask you to designate a billing representative, including name and contact information, upon registration. You might also provide payment information, such as payment card details, which we collect via secure payment processing services.

Information we collect automatically when you use the Services

We collect information about you when you use our Services, including browsing our websites and taking certain actions within the Services.

Your use of the Services

We keep track of certain information about you when you visit and interact with any of our Services.

Device and Connection Information

We collect information about your computer, phone, tablet, or other devices you use to access the Services. This device information includes your connection type and settings when you install, access, update, or use our Services. We also collect information through your device about your operating system, browser type, IP address, URLs of referring/exit pages, device identifiers, and crash data. We use your IP address and/or country preference in order to approximate your location to provide you with a better Service experience. How much of this information we collect depends on the type and settings of the device you use to access the Services. Server and data center Service administrators can disable collection of this information via the administrator settings or prevent this information from being shared with us by blocking transmission at the local network level.

Cookies and Other Tracking Technologies

While navigating in our website(s), Cookies and other tracking technologies may be utilized. A cookie is a small data file that certain websites write to your hard drive when our website is visited. A cookie file can contain information such as a user ID, which we use to track the pages previously visited. However, the only Personal Data a cookie can contain is information self-supplied. A cookie cannot read data off your hard disk or read cookie files created by other sites. Some parts of Payworks’ website(s) use cookies to track user traffic patterns. Payworks does this to determine the usefulness of our information to users and to analyse how effective our navigational structure is in helping users reach that information. Payworks does not correlate this information with Personal Data about individual users, nor does it share this information to any third party. Please feel free to set the browsers to send a notification if you receive a cookie, as the choice can be made to block them in the browser.

Other Tracking technologies may record information such as Internet Domain and Host Names, Internet Protocol (IP) addresses, browser software and operating system types, clickstream patters; dates and times that our site is accessed. The use of cookies and other tracking technologies allows Payworks to improve the website and the overall online experience. Payworks analyses information that does not contain Personal Data for trends and statistics.

At the moment, Payworks’ website(s) perform Cookies Analytics (Google Analytics/DoubleClick), which uses cookies that are stored on the computer of the user and allows an analysis of the user’s habitude. In this way, Payworks can analyze how the website(s) is/are used and subsequently make it even more user-friendly, capturing site performance information including time spent on site/page, number of pages visited and anonymous visitor information including geographical location and return/new visitor.

The website users can opt out the data collection or use by some third-party analytics providers by clicking the following links:

Google Analytics: https://tools.google.com/dlpage/gaoptout

DoubleClick: https://support.google.com/ads/answer/7395996

How we use information we collect

How we use the information we collect depends in part on which Services you use, how you use them, and any preferences you have communicated to us. Below are the specific purposes for which we use the information we collect about you.

To provide the Services and personalize your experience

We use information about you to provide the Services to you, including to process transactions with you, authenticate you when you log in, provide customer support, and operate and maintain the Services.

To communicate with you about the Services:

We use your contact information to send communications via email and within the Services, including responding to your comments, questions and requests, providing customer support, and sending you newsletters, notices, updates, security alerts, and administrative messages.

To market, promote and drive engagement with the Services

We use your contact information and information about how you use the Services to send promotional communications that may be of specific interest to you, including by email. These communications are aimed at driving engagement and maximizing what you get out of the Services, including information about new features, survey requests, newsletters, and events we think may be of interest to you. We also communicate with you about new product offers, promotions and contests. You can control whether you receive these communications as described below under "Opt-out of communications."

Customer support

We use your information to resolve technical issues you encounter, to respond to your requests for assistance, to analyze crash information, and to repair and improve the Services.

For safety and security

We use information about you and your Service use to verify accounts and activity, to monitor suspicious or fraudulent activity and to identify violations of Service policies.

To protect our legitimate business interests and legal rights

Where required by law or where we believe it is necessary to protect our legal rights, interests and the interests of others, we use information about you in connection with legal claims, compliance, regulatory, and audit functions, and disclosures in connection with the acquisition, merger or sale of a business.

With your consent

We use information about you where you have given us consent to do so for a specific purpose not listed above. For example, we may publish testimonials or featured customer stories to promote the Services, with your permission.

Legal basis for processing (for EEA users)

If you are an individual in the European Economic Area (EEA), we collect and process information about you only where we have a legal basis for doing so under applicable EU laws. The legal basis depends on the Services you use and how you use them. This means we collect and use your information only where: If you have consented to our use of information about you for a specific purpose, you have the right to change your mind at any time, but this will not affect any processing that has already taken place. Where we are using your information because we or a third party (e.g. your employer) have a legitimate interest to do so, you have the right to object to that use though, in some cases, this may mean no longer using the Services.

How we share information we collect

We make payment processing over our platform possible, and we want our products to work well for you. This means sharing information through the Services and with certain third parties. We share information we collect about you in the ways discussed below, including in connection with possible business transfers, but we are not in the business of selling information about you to advertisers or other third parties.

Service Providers

We work with third-party service providers to provide website and application development, hosting, maintenance, backup, storage, virtual infrastructure, payment processing, analysis and other services for us, which may require them to access or use information about you. If a service provider needs to access information about you to perform services on our behalf, they do so under close instruction from us, including policies and procedures designed to protect your information. In addition, we work with third parties who provide consulting, sales, and technical services to deliver and implement customer solutions around the Services. We may share your information with these third parties in connection with their services, such as to assist with billing and collections, to provide localized support, and to provide customizations. We may also share information with these third parties where you have agreed to that sharing.

Links to Third Party Sites

The Services may include links that direct you to other websites or services whose privacy practices may differ from ours. If you submit information to any of those third party sites, your information is governed by their privacy policies, not this one. We encourage you to carefully read the privacy policy of any website you visit.

Social Media Widgets

The Services may include links that direct you to other websites or services whose privacy practices may differ from ours. Your use of and any information you submit to any of those third-party sites is governed by their privacy policies, not this one.

Third-Party Widgets

Some of our Services contain widgets and social media features, such as the Twitter "tweet" button. These widgets and features collect your IP address, which page you are visiting on the Services, and may set a cookie to enable the feature to function properly. Widgets and social media features are either hosted by a third party or hosted directly on our Services. Your interactions with these features are governed by the privacy policy of the company providing it.

Compliance with Enforcement Requests and Applicable Laws; Enforcement of Our Rights

In exceptional circumstances, we may share information about you with a third party if we believe that sharing is reasonably necessary to (a) comply with any applicable law, regulation, legal process or governmental request, including to meet national security requirements, (b) enforce our agreements, policies and terms of service, (c) protect the security or integrity of our products and services, (d) protect Payworks, our customers or the public from harm or illegal activities, or (e) respond to an emergency which we believe in good faith requires us to disclose information to assist in preventing the death or serious bodily injury of any person.

Sharing with affiliated companies

We share information we collect with affiliated companies and, in some cases, with prospective affiliates. Affiliated companies are companies owned or operated by us. The protections of this privacy policy apply to the information we share in these circumstances.

Business Transfers

We may share or transfer information we collect under this privacy policy in connection with any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company. You will be notified via email and/or a prominent notice on the website if a transaction takes place, as well as any choices you may have regarding your information.

How we store and secure information we collect

Information storage and security

We use data hosting service providers in the United States and Ireland to host the information we collect, and we use technical and organizational measures to secure your data. While we implement safeguards designed to protect your information, no security system is impenetrable and due to the inherent nature of the Internet, we cannot guarantee that data, during transmission through the Internet or while stored on our systems or otherwise in our care, is absolutely safe from intrusion by others. If you use our server or data center Services, responsibility for securing storage and access to the information you provide and input into the Services rests with you and not Payworks. We strongly recommend that server or data center users configure SSL to prevent interception of data transmitted over networks and to restrict access to the databases and other storage points used.

How long we keep information

How long we keep information we collect about you depends on the type of information, as described in further detail below. After such time, we will either delete or anonymize your information or, if this is not possible (for example, because the information has been stored in backup archives), then we will securely store your information and isolate it from any further use until deletion is possible.

Account information

We retain your account information for as long as your account is active and a reasonable period thereafter in case you decide to re-activate the Services. We also retain some of your information as necessary to comply with our legal obligations, to resolve disputes, to enforce our agreements, to support business operations, and to continue to develop and improve our Services. Where we retain information for Service improvement and development, we take steps to eliminate information that directly identifies you, and we only use the information to uncover collective insights about the use of our Services, not to specifically analyze personal characteristics about you.

Marketing information

If you have elected to receive marketing emails from us, we retain information about your marketing preferences for a reasonable period of time from the date you last expressed interest in our Services, such as when you last opened an email from us or ceased using your Payworks account. We retain information derived from cookies and other tracking technologies for a reasonable period of time from the date such information was created, unless directed otherwise by you.

How to access and control your information

You have certain choices available to you when it comes to your information. Below is a summary of those choices, how to exercise them and any limitations.

Your Choices

You have the right to request a copy of your information, to object to our use of your information (including for marketing purposes), to request the deletion or restriction of your information, or to request your information in a structured, electronic format. For such requests, you may contact us as provided in the Contact Us section below to request assistance.

Request that we stop using your information

In some cases, you may ask us to stop accessing, storing, using and otherwise processing your information where you believe we don't have the appropriate rights to do so. For example, if you believe a Services account was created for you without your permission or you are no longer an active user, you can request that we delete your account. Where you gave us consent to use your information for a limited purpose, you can contact us to withdraw that consent, but this will not affect any processing that has already taken place at the time. You can also opt-out of our use of your information for marketing purposes by contacting us, as provided below. When you make such requests, we may need time to investigate and facilitate your request. If there is delay or dispute as to whether we have the right to continue using your information, we will restrict any further use of your information until the request is honored or the dispute is resolved.

Opt out of communications

You may opt out of receiving promotional communications from us by using the unsubscribe link within each email or by contacting us as provided below to have your contact information removed from our promotional email list or registration database.

How we transfer information we collect internationally

International transfers of information we collect

We collect information globally and primarily store that information in the United States and Ireland. We transfer, process and store your information outside of your country of residence, to wherever we or our third-party service providers operate for the purpose of providing you the Services. Whenever we transfer your information, we take steps to protect it.

International transfers within the Payworks Companies

To facilitate our global operations, we transfer information to either Ireland or the United States and allow access to that information from countries in which the Payworks owned or operated companies have operations for the purposes described in this policy. These countries may not have equivalent privacy and data protection laws to the laws of many of the countries where our customers and users are based. When we share information about you within and among Payworks corporate affiliates, we make use of standard contractual data protection clauses, which have been approved by the European Commission, as well as the EU-U.S. and Swiss-U.S. Privacy Shield Framework to safeguard the transfer of information in and out of the European Economic Area and Switzerland.

International transfers to third parties

Some of the third parties described in this privacy policy, which provide services to us under contract, are based in other countries that may not have equivalent privacy and data protection laws to the country in which you reside. When we share information of residents in the European Economic Area or Switzerland, we make use of the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks, European Commission-approved standard contractual data protection clauses, binding corporate rules for transfers to data processors, or other appropriate legal mechanisms to safeguard the transfer.

Our policy towards children

The Services are not directed to individuals under 16. We do not knowingly collect personal information from children under 16. If we become aware that a child under 16 has provided us with personal information, we will take steps to delete such information. If you become aware that a child has provided us with personal information, please contact us as stated below.

Changes to our Privacy Policy

We may change this privacy policy from time to time. We will post any privacy policy changes on this page and, if the changes are significant, we will provide a more prominent notice by adding a notice on the Services homepages, login screens, or by sending you an email notification. We will also keep prior versions of this Privacy Policy in an archive for your review. We encourage you to review our privacy policy whenever you use the Services to stay informed about our information practices and the ways you can help protect your privacy. If you disagree with any changes to this privacy policy, you will need to stop using the Services and /or deactivate your account(s), as outlined above.

Contact Us

Your information is controlled by Payworks GmbH. If you have questions or concerns about how your information is handled, please direct your inquiry to dataprivacy@payworks.com. For specific questions related to our compliance with the GDPR, please direct your inquiries to our appointed Data Protection Officer:

 

Dominik Fünkner

 

Datenschutzexperte.de

 

(PROLIANCE GmbH)

 

Leopoldstr. 21, 80802 Munich, Germany

 

Phone.: +49 89 2500 39220

 

Web: https://www.datenschutzexperte.de/

 

Email: datenschutzbeauftragter@datenschutzexperte.de