Thank you for using Waivr Inc. (“Waivr”, “We”, “Our”, or“Us”). Waivr takes your privacy seriously and we want you to be fully informed about how you can be in control of your personal information.
Waivr provides payment services on behalf of Merchants to enable customers to make payments via ACH transfer and ensures that customers will have the required funds at the time of payment. This Privacy Policy is designed to help you understand how we collect, use and share your personal information and to help you understand and exercise your privacy rights. How we collect, use, and share your information will depend on how you interact with the Services or waivr.co (the “Site”). For purposes of this Privacy Policy, you may be a “End Customer”,“Representative”, or “Visitor”
● When you make a purchase from or otherwise transact with a Merchant that offers payment via Waivr but are not directly doing business with Waivr, we refer to you as an “End Customer.”
● When you are acting on behalf of an existing or potential Merchant, (e.g., you are the owner of a company or are administering an account on behalf of a Merchant), we refer to you as a “Representative.”
● When you visit the Site without being logged into a Waivr Merchant account or otherwise communicate with with Waivr, we refer to you as a “Visitor” (e.g., you send Waivr a message asking for more information about our Services).
1. SCOPE
2. PERSONAL INFORMATION WECOLLECT
3. HOW WE USE YOUR INFORMATION
4. HOW WE DISCLOSE YOUR INFORMATION
5. YOUR PRIVACY CHOICES AND RIGHTS
6. SECURITY OF YOUR INFORMATION
7. RETENTION OF PERSONAL INFORMATION
8. NO SALES OF PERSONAL INFORMATION
9.CHILDREN’S INFORMATION
10. OTHER PROVISIONS
11. CONTACT US
1. Scope
This Privacy Policy applies to personal information processed by us, including our websites, mobile applications, and other online or offline offerings. To make this Privacy Policy easier to read, our websites, mobile applications, and other offerings are collectively called “Services.”
Waivr acts a “controller” or“business” (as defined under applicable law) for personal information that we collect from Representatives and Site Visitors. When our Merchants collect and process personal information from End Customers using Waivr’s Services (“End Customer Data”), Waivr acts a “processor”or “service provider” of that End Customer Data. For End Customer Data, our Merchants’ respective privacy policies govern their collection and use of that data. In addition, to use Waivr to make a purchase, you will have to link your financial account by entering your online banking credentials through Plaid. You can learn more about how Plaid uses your personal information by reviewing the Plaid Privacy Policy. If you are an End Customer, Waivr will only have limited access to to your financial account, including the transaction history, in order to confirm the optimal billing date when funds will be available and to process the transaction.
Additionally, use of our Services is usually covered by the Terms of Service or a Merchant Agreement and these may contain further information relating to our processing of data generally, including the processing of Personal Information. In case of any conflict between the Terms of Service or the Merchant Agreement and this Policy, the former take precedence. Any questions or requests relating to Customer Data should be directed to our customer. For information on how to contact us, please refer to “Contact Us” below.
2. Personal Information We Collect
The categories of personal information we collect depend on how you interact with us, our Services, and the requirements of applicable law. We collect information that you provide to us, information we obtain automatically when you use our Services, and information from other sources such as third-party services and organizations, as described below.
a. Information You Provide Us Directly
We may collect the following personal information that you provide to us.
● Account Creation. For Representatives that have registered for the Services on behalf of a Merchant, we may collect information when you create your Merchant account, such as name, email address, and username.
● Identification Information. For Representatives, we may collect information needed to verify your identity and assess your credit worthiness to ensure that the Merchant you represent is eligible for the Services. The personal information we may collect for this purpose may include your name, postal address, telephone number, email address, social security number and government identification information.
● Your Communications with Us. For Representatives and Visitors, We may collect personal information, such as email address, phone number, or mailing address when you request information about our Services, request customer or technical support, apply for a job, or otherwise communicate with us.
● Conferences, Trade Shows, and Other Events. We may collect personal information from Representatives or other individuals when we attend conferences, trade shows, and other events.
● Business Development and Strategic Partnerships. We may collect personal information from individuals and third parties to assess and pursue potential business opportunities.
● Job Applications. We may post job openings and opportunities on our Services. If you reply to one of these postings by submitting your application, CV and/or cover letter to us, we will collect and use your information to assess your qualifications.
● Surveys. We may contact you to participate in surveys. If you decide to participate, you may be asked to provide certain information which may include personal information.
● Interactive Features. We and others who use our Services may collect personal information that you submit or make available through our interactive features (e.g., messaging and chat features, commenting functionalities, forums, blogs, and social media pages). Any information you provide using the public sharing features of the Services(referred to herein as “User Content”) will be considered “public,” unless otherwise required by applicable law, and is not subject to the privacy protections referenced herein.
b. Information Collected Automatically for Statistical, Analytical and Security Purposes
When you visit our Site, Waivr automatically collects certain information using third-party analytics programs from Google Analytics to help us understand how our users use Our website, but none of this information identifies you personally. For example, each time you visit Our website, we automatically collect your IP address, browser and computer type, access times, the web page from which you came, and the web page(s) you access (as applicable). We use information collected in this manner only to better understand your needs and the needs of our website Visitors in the aggregate. Waivr also makes use of information gathered for statistical purposes to keep track of the number of visits to the Website and the specific pages on the Website with a view to introducing improvements.
Your IP address and other relevant information may be used in order to trace any fraudulent or criminal activity, or any activity in violation of the Terms ofUse.
3. How We Use Your Information
We use your information for a variety of business purposes, including to provide our Services, for administrative purposes, and to market our products and Services, as described below.
a. Providing Our Services
We use your information to fulfill our contract with you and provide you with our Services, such as:
● Managing your information and accounts;
● Providing access to certain areas, functionalities, and features of our Services;
● Answering requests for customer or technical support;
● Communicating with you about your account, activities on our Services, and policy changes;
● Processing your financial information to remit funds for purchases of goods and services by End Customers;
● Processing applications if you apply for a job we post on our Services; and
● Allowing you to register for events.
b. Administrative Purposes
We use your information for various administrative purposes, such as:
● Pursuing our legitimate interests such as direct marketing, research and development (including marketing research), network and information security, and fraud prevention;
● Detecting security incidents, protecting against malicious, deceptive, fraudulent or illegal activity, and prosecuting those responsible for that activity;
● Measuring interest and engagement in our Services;
● Short-term, transient use, such as contextual customization of ads;
● Improving, upgrading or enhancing our Services;
● Developing new products and Services;
● Ensuring internal quality control and safety;
● Authenticating and verifying individual identities, including requests to exercise your rights under this policy;
● Debugging to identify and repair errors with our Services;
● Auditing relating to interactions, transactions and other compliance activities;
● Enforcing our agreements and policies; and
● Complying with our legal obligations.
c. Marketing and Advertising our Products and Services
We may use personal information from Representatives or Site Visitors to tailor and provide you with content and advertisements. We may provide you with these materials as permitted by applicable law.
Some of the ways we market to you include email campaigns, custom audiences advertising.
If you have any questions about our marketing practices or if you would like to opt out of the use of your personal information for marketing purposes you may contact us at any time as set forth in “Contact Us” below.
4. How We Disclose Your Information
We disclose your information to third parties for a variety of business purposes, including to provide our Services, to protect us or others, or in the event of a major business transaction such as a merger, sale, or asset transfer, as described below.
a. Disclosures to Provide our Services
The categories of third parties with whom we may share your information are described below.
● Financial Institutions and the National Automated Clearing House. Asa Representative, we may disclose your personal information to Financial Services Providers, the National Automated Clearing House and Third-Party Payment Providers involved in the execution of the payment. Such Personal Information is only used for the making of the payment and verifying the account to deposit any funds owed to you and to monitor compliance with applicable laws and the rules of the payment scheme in question;
● Identity Verification and Know YourCustomer Providers. When you register for our Services on behalf of a Merchant, we may share some of Your personal information with third parties that provide us with identity verification and know your customer services. We share this information to confirm your identity, assess whether the Merchant is eligible to offer the Waivr services, and to comply with our legal obligations and the obligations of the financial institutions that we partner with to provide the Services.
● Service Providers. We may share your personal information with our third-party service providers who use that information to help us provide our Services. This includes service providers that provide us with IT support, hosting, payment processing, customer service, and related services.
● Affiliates. We may share your personal information with our company affiliates
● APIs/SDKs. We may use third-party Application Program Interfaces (“APIs”) and Software Development Kits (“SDKs”) as part of the functionality of our Services. For more information about our use of APIs and SDKs, please contact us as set forth in “Contact Us” below.
b. Disclosures to Protect Us or Others
We may access, preserve, and disclose any information we store associated with you to external parties if we, in good faith, believe doing so is required or appropriate to:comply with law enforcement or national security requests and legal process, such as a court order or subpoena; protect your, our, or others’ rights, property, or safety; enforce our policies or contracts; collect amounts owed to us; or assist with an investigation or prosecution of suspected or actual illegal activity.
c. Disclosure in the Event of Merger, Sale, or Other Asset Transfers
If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, purchase or sale of assets, or transition of service to another provider, your information may be sold or transferred as part of such a transaction, as permitted by law and/or contract.
5. Your Privacy Choices and Rights
You have the right to request disclosure of the specific pieces of personal information that We may have collected regarding you. You also have the right to request deletion of personal information that Waivr may have collected regarding you.
In order to request a copy of personal information or to request deletion of personal information, California residents can forward verifiable consumer requests to Waivr by emailing us at hello@waivr.co.
Only you, or someone registered with the California Secretary of State in order to act upon your behalf, may make a verifiable consumer request. You may also make a verifiable consumer request on behalf of your minor child. You may only make a verifiable consumer request for data access, transport, or deletion twice within a twelve-month period.
In order to submit a verifiable consumer request to Waivr, the request must both provide sufficient detail for Waivr to be able to appropriately ascertain your identity and give sufficient clarity for Us to understand the nature of the request. We will determine the criteria for a verifiable consumer request based upon the nature of the request and account.
If you have submitted a verifiable consumer request to Us, We will respond in a timely manner consistent with applicable law. If We are unable to verify your request, or if We are unable to ascertain that you are a California resident subject to the rights in this Section, Waivr will submit an appropriate response.
6. Security of Your Information
To help us protect your personal information, we maintain technical, physical, and administrative security measures to protect against loss, misuse, unauthorized access, disclosure, or alteration. Some of the safeguards we use are [firewalls, data encryption, and information access authorization controls.] Unfortunately, no system is 100% secure, and we cannot ensure or warrant the security of any information you provide to us. We have taken appropriate safeguards to require that your personal information will remain protected and require our third-party service providers and partners to have appropriate safeguards as well. To the fullest extent permitted by applicable law, we do not accept liability for unauthorized disclosure.
By using our Services or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of our Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on our Services, by mail or by sending an email to you.
7. Retention of Personal Information
We store the personal information we collect as described in this Privacy Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.
8. No Sales of Personal Information
For purposes of applicable law, Waivr does not “sell” personal information, nor do we have actual knowledge of any “sale”of personal information of minors under 16 years of age.
9. Children’s Information
The Waivr Terms of Use define the eligibility requirements to use the Services.
Waivr is not intended for children under the age of 13. We do not knowingly collect personal information from children. We do not sell personal information collected through the Service. Therefore we, do not sell information about minors.
For information about the Children’s Online Privacy Protection Act (COPPA), visit the FTC website: www.ftc.gov.
10. Other Provisions
Third-Party Websites/Applications. The Services may contain links to other websites/applications and other websites/applications may reference or link to our Services. These third-party services are not controlled by us. We encourage our users to read the privacy policies of each website and application with which they interact. We do not endorse, screen or approve, and are not responsible for, the privacy practices or content of such other websites or applications. Providing personal information to third-party websites or applications is at your own risk.
Changes to our Privacy Policy.We may revise this Privacy Policy from time to time in our sole discretion. If there are any material changes to this Privacy Policy, we will notify you as required by applicable law. You understand and agree that you will be deemed to have accepted the updated Privacy Policy if you continue to use our Services after the new Privacy Policy takes effect.
11. Contact Us
If you have any questions about our privacy practices or this Privacy Policy, or to exercise your rights as detailed in this Privacy Policy, please contact us at:
Waivr, Inc.
8217 Beverly Blvd, Suite 29
Los Angeles, CA 90036
hello@waivr.co