Last Updated: January 2024
Privacy Policy
1. Introduction
Bilt Commerce Inc. (“we” , “us”, “our”, “Paybilt”) is committed to protecting your privacy. We are a payments technology provider that offers credit card alternatives to businesses for online and in-person transactions. This Privacy Policy (“Policy”) describes our data processing practices and how we handle personal information. Personal information means any information about a directly or indirectly identifiable individual.
This Policy applies to individuals who apply for, use, or otherwise interact with our products and services (“Services”), including: (1) visitors and users of our website; and (2) owners, officers, and employees of companies, such as merchants, software platforms, marketplaces, and payment facilitators (collectively, “Merchants” or “you”). In most instances, Paybilt acts as a “data processor” or “service provider” to Merchants that use our Services. As such:
- If you are a shopper, end user, customer, or payee of a Merchant who uses our Services (“Merchant Customer”), then we will process personal information in accordance with the terms of our agreement with the Merchant and in accordance with the Merchant’s instructions. This Policy does not apply to such processing. Please refer to the privacy policy or notice of the Merchant you do business with for information regarding their privacy practices, choices, and controls.
- If you are a Merchant, please note that you are responsible for honoring the privacy rights of Merchant Customers and for making appropriate privacy disclosures to Merchant Customers.
This Policy contains important information about your personal rights to privacy. Please read it carefully to understand how we use your personal information. If you do not agree with our policies and practices, your choice is not to use our Services. By using our Services, you agree to our handling of your personal information as set out in this Policy.
2. Obtaining and Withdrawing Your Consent
By providing us with your personal information, you consent to the collection, use, and disclosure of your personal information in accordance with this Policy and as permitted or required by law. If you provide us with the personal information of another individual (for example, the personal information of a Merchant Customer), you represent that you have all necessary authority and/or have obtained all necessary consents from such person to enable us to collect, use, and disclose such personal information for the purposes outlined in this Policy.
Subject to legal and contractual requirements, you may withdraw your consent at any time by writing to us (see Section 16 (Contact Paybilt) below). However, please note that if you withdraw your consent, we may not be able to provide you with certain services or information that may be of value to you.
3. Information We Collect About You
The below table describes the categories of personal information that we collect from you:
Categories of Information
Examples
Business information
Your business name, address, phone number, and email.
Financial information
Your bank account information and tax information.
Account information
If any Services require you to create an account with us, your login credentials.
Internet or other electronic network activity information
Your browsing history, search history, and interactions with a website, email, application, dashboard, or advertisement.
Device information
When you visit our website, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device.
Professional or employment-related information
If you submit a job application to us, we collect your resume, cover letter, list of references, and employment information.
Other information provided by you
Other information you voluntarily provide to us, including suggestions for improvements, complaints, comments, and inquiries.
Derived or linked information
Inferences drawn from the above information about your predicted characteristics and preferences, and other information about you that is linked to the personal information above.
4. Information We Collect About Merchant Customers
We also obtain the information of Merchant Customers that you provide to us or through your use of the Services. It is your responsibility to obtain any necessary consents and permissions required so that we can provide you with the requested Services.
The below table describes the categories of personal information that we collect from Merchant Customers:
Categories of Information
Examples
Merchant Customer personal information
Merchant Customers’ names, addresses, phone numbers, and emails.
Merchant Customer financial information
Merchant Customers’ bank account information and payment card information.
Merchant Customer transaction information
When Merchant Customers use Paybilt to make or record payments to you, we collect information about when and where the transactions occur, the names of the transacting parties, and a description of the transactions, which may include item-level data, the payment or transfer amounts, billing and shipping information, and the devices and payment methods used to complete the transactions.
Merchant Customer internet or other electronic network activity information
Merchant Customers’ browsing history, search history, and interactions with a website, email, application, dashboard, or advertisement.
Merchant Customer technical usage information
Information about Merchant Customers’ device, including information about their web browser, IP address, time zone, and some of the cookies that are installed on your device.
Other information provided by Merchant Customers
Other information that Merchant Customers voluntarily provide to us, including suggestions for improvements, complaints, comments, and inquiries.
Derived or linked information
Inferences drawn from the above information about Merchant Customers’ predicted characteristics and preferences, and other information about Merchant Customers that is linked to the personal information above.
5. Sources of Information
We collect information from the following source
Source
Description
Directly from you
You may give us information by: (i) applying for or using our Services; (ii) filling in forms; or (iii) by corresponding with us by phone, e-mail, through the website, or otherwise.
Merchant Platforms
If Merchant Customers access the Services through a software platform, marketplace, payment facilitator, or other business that has an integration with Paybilt (“Merchant Platform”), we receive information about Merchant Customers through the Merchant Platform.
Third parties and other publicly available sources
We may receive information about you from our service providers, such as companies that manage risk and fraud or market the Services, card networks, payment processors, referral partners, identity verification companies, and from third parties that you have permitted to release information to us. We also may receive information about you from publicly available sources, such as social media platforms.
Automated technologies and interactions
As you interact with our website, we may automatically collect technical data about your equipment, browsing actions, and patterns. See Section 8(Cookies and Other Technology) below for more details.
6. Why We Collect Your Information
We use the information we collect about you, or that you provide to us, for the following purposes:
Purpose
Examples
Provide our Services to you
- Set up our Services for you, and to provide you with support during the onboarding process, integration, and installation.
- Evaluate your application for a merchant or partner account.
- Process payments and transactions.
- Verify your identity and/or evaluate your eligibility for the Services.
Facilitate your requests
- Fulfill the purposes for which you provided the data or that were described when it was collected.
- Facilitate requests that you have made, including for electronic content (e.g., newsletters).
Manage and improve our Services
- Present, operate, maintain, enhance, and provide all of the features of our Services.
- Research, analyze, develop, manage, protect, and improve our Services.
Personalize your experiences
- Understand your needs, the suitability of our Services, and assess future needs.
- Market, advertise, and promote our Services.
- Keep you informed about our Services, including notifying you about updates to our Services.
- Understand and analyze the usage trends, behaviours, and preferences of our users to improve the Services and to develop new features and functionality.
Communicate with you
- Provide you support, respond to your inquiries, and offer customer service.
- Send you notices and updates.
- Share new products, offers, promotions, or other information in which you may be interested.
Manage our operational requirements
- Manage our day-to-day organizational and operational needs.
- Establish and maintain communication with service providers.
- Ensure our website functions properly.
Compliance and protection
- Protect our website, employees, or operations.
- Prevent or investigate fraud, illegal or prohibited activities, and security issues or breaches (including mitigate denial-of-service attacks to our website).
- Enforce our terms and any other agreements between you and us.
- Comply with any applicable laws, legal processes, and our contractual obligations.
Derived purposes
- Fulfill other purposes related to any of the above.
- For any other reason provided to you in connection with our Services.
9. Cross-Jurisdictional Transfers
By providing your data to us, you acknowledge and agree that your personal information may be transferred to other jurisdictions for processing and storage, including in servers located across Canada and in the United States, where laws regarding the protection of personal information may be less stringent than the laws in your jurisdiction. Further, your personal information may be accessible to law enforcement, national security authorities, and the courts of such jurisdictions. Where necessary to make such transfers, we will comply with our legal and regulatory obligations. If you have any questions about how we may store and process your personal information in other jurisdictions, please contact us (see Section 16 (Contact Paybilt) below).
10. Data Security
The security of your personal information is very important to us. We protect your information by limiting access to your personal information on a strict “need-to-know” basis and we implement reasonable physical, organizational, and technological safeguards as appropriate.
Every transfer of personal information from you to us or from us to third parties is protected by a data processing agreement. If you would like to receive more information about the safeguards we employ, please contact us (see Section 16 (Contact Paybilt) below).
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmited to our website. You are also required to take all steps necessary to safeguard your personal information, including login credentials and other information. Any transmission of personal information is at your own risk. We are not responsible for the circumvention of any privacy settings s or security measures contained on the website. If you believe that there has been a breach of security, please contact us immediately.
11. Data Retention
We will only retain and use your information to fulfill the purposes for which it was collected and as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements under applicable laws. We will destroy or render anonymous such information when it is no longer necessary.
12. Third-Party Links
Our website may contain links to other sites that Paybilt does not own or operate. We provide links to third- party sites as a convenience to the user. These links are not intended as an endorsement of or referral to the linked sites. The linked sites have separate and independent privacy statements, notices, and terms of use, which we recommend you read carefully. We do not have any control over these sites and have no responsibility or liability for how the organizations that operate such linked sites may collect, use, disclose, or otherwise treat your personal information.
13. Your Rights
As noted above, in most instances, Paybilt is a “data processor” for Merchants. If you are a Merchant Customer, the Merchant is the “data controller” of your personal information and you should refer to the privacy policies or notices of the relevant Merchant for information regarding their privacy practices and your rights.
In relation to the personal information for which Paybilt acts as a “data controller”, and subject to certain exceptions and applicable laws, you may have the following rights:
Rights
Description
Right to be informed
You may request information about the personal information we collect about you, the categories of persons who have access to the information within our organization, the duration of time the information will be kept, and the contact information of the person in charge of protecting personal information.
Right of access
You may request access to your personal information that is in our possession.
Right of rectification
If we hold personal information about you and you believe that it is not accurate, complete, and up to date, you can request to have it rectified. We will also send any information that has been amended, where appropriate, to any third parties that have access to the information.
Right of erasure
In some circumstances, as outlined by applicable laws, you may request to have your data erased.
Right of portability
If you reside in Quebec, you may request to receive a digital copy of all personal information that has been collected from you by Paybilt.
Right to withdraw consent
If we rely on your implicit or explicit consent as our legal basis for processing your personal information, you have the right to withdraw your consent at any time. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent.
Please contact our Privacy Officer if you wish to exercise any of your rights under the applicable laws. In order to exercise your rights, we may require you to sufficiently verify your identity by providing government-issued identification and/or verification of your email address and/or phone number.
14. Minors
We do not permit minors under the age of 18 or anyone under the legal age of majority in their applicable jurisdiction to access or use our Services. We request that you do not provide us with personal information if you are a minor. If we learn that we have mistakenly or unintentionally collected or received personal information from a child without appropriate consent, we will delete it. If you believe we mistakenly or unintentionally collected any information from or about a child, please contact us (see Section 16 (Contact Paybilt) below).
15. Changes to this Policy
We reserve the right to change or revise this Policy at any time to reflect changes in the law or our data collection and use practices. Changes to this Policy will apply to the information collected from the date we post our revised Policy, as well as to existing information we hold. The date this Policy was last revised is identified at the top of the page. Your continued use of our Services after we make any changes is deemed to be acceptance of those changes.
16. Contact Paybilt
If you have any questions or concerns about this Policy or Paybilt’s handling of your personal information, please contact our Privacy Officer at:
Email: [email protected]
1. Introduction
Bilt Commerce Inc. (“we” , “us”, “our”, “Paybilt”) is committed to protecting your privacy. We are a payments technology provider that offers credit card alternatives to businesses for online and in-person transactions. This Privacy Policy (“Policy”) describes our data processing practices and how we handle personal information. Personal information means any information about a directly or indirectly identifiable individual.
This Policy applies to individuals who apply for, use, or otherwise interact with our products and services (“Services”), including: (1) visitors and users of our website; and (2) owners, officers, and employees of companies, such as merchants, software platforms, marketplaces, and payment facilitators (collectively, “Merchants” or “you”). In most instances, Paybilt acts as a “data processor” or “service provider” to Merchants that use our Services. As such:
- If you are a shopper, end user, customer, or payee of a Merchant who uses our Services (“Merchant Customer”), then we will process personal information in accordance with the terms of our agreement with the Merchant and in accordance with the Merchant’s instructions. This Policy does not apply to such processing. Please refer to the privacy policy or notice of the Merchant you do business with for information regarding their privacy practices, choices, and controls.
- If you are a Merchant, please note that you are responsible for honoring the privacy rights of Merchant Customers and for making appropriate privacy disclosures to Merchant Customers.
This Policy contains important information about your personal rights to privacy. Please read it carefully to understand how we use your personal information. If you do not agree with our policies and practices, your choice is not to use our Services. By using our Services, you agree to our handling of your personal information as set out in this Policy.
2. Obtaining and Withdrawing Your Consent
By providing us with your personal information, you consent to the collection, use, and disclosure of your personal information in accordance with this Policy and as permitted or required by law. If you provide us with the personal information of another individual (for example, the personal information of a Merchant Customer), you represent that you have all necessary authority and/or have obtained all necessary consents from such person to enable us to collect, use, and disclose such personal information for the purposes outlined in this Policy.
Subject to legal and contractual requirements, you may withdraw your consent at any time by writing to us (see Section 16 (Contact Paybilt) below). However, please note that if you withdraw your consent, we may not be able to provide you with certain services or information that may be of value to you.
3. Information We Collect About You
The below table describes the categories of personal information that we collect from you:
| Categories of Information | Examples |
|---|---|
| Business information | Your business name, address, phone number, and email. |
| Financial information | Your bank account information and tax information. |
| Account information | If any Services require you to create an account with us, your login credentials. |
| Internet or other electronic network activity information | Your browsing history, search history, and interactions with a website, email, application, dashboard, or advertisement. |
| Device information | When you visit our website, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. |
| Professional or employment-related information | If you submit a job application to us, we collect your resume, cover letter, list of references, and employment information. |
| Other information provided by you | Other information you voluntarily provide to us, including suggestions for improvements, complaints, comments, and inquiries. |
| Derived or linked information | Inferences drawn from the above information about your predicted characteristics and preferences, and other information about you that is linked to the personal information above. |
4. Information We Collect About Merchant Customers
We also obtain the information of Merchant Customers that you provide to us or through your use of the Services. It is your responsibility to obtain any necessary consents and permissions required so that we can provide you with the requested Services.
The below table describes the categories of personal information that we collect from Merchant Customers:
| Categories of Information | Examples |
|---|---|
| Merchant Customer personal information | Merchant Customers’ names, addresses, phone numbers, and emails. |
| Merchant Customer financial information | Merchant Customers’ bank account information and payment card information. |
| Merchant Customer transaction information | When Merchant Customers use Paybilt to make or record payments to you, we collect information about when and where the transactions occur, the names of the transacting parties, and a description of the transactions, which may include item-level data, the payment or transfer amounts, billing and shipping information, and the devices and payment methods used to complete the transactions. |
| Merchant Customer internet or other electronic network activity information | Merchant Customers’ browsing history, search history, and interactions with a website, email, application, dashboard, or advertisement. |
| Merchant Customer technical usage information | Information about Merchant Customers’ device, including information about their web browser, IP address, time zone, and some of the cookies that are installed on your device. |
| Other information provided by Merchant Customers | Other information that Merchant Customers voluntarily provide to us, including suggestions for improvements, complaints, comments, and inquiries. |
| Derived or linked information | Inferences drawn from the above information about Merchant Customers’ predicted characteristics and preferences, and other information about Merchant Customers that is linked to the personal information above. |
5. Sources of Information
We collect information from the following source
| Source | Description |
|---|---|
| Directly from you | You may give us information by: (i) applying for or using our Services; (ii) filling in forms; or (iii) by corresponding with us by phone, e-mail, through the website, or otherwise. |
| Merchant Platforms | If Merchant Customers access the Services through a software platform, marketplace, payment facilitator, or other business that has an integration with Paybilt (“Merchant Platform”), we receive information about Merchant Customers through the Merchant Platform. |
| Third parties and other publicly available sources | We may receive information about you from our service providers, such as companies that manage risk and fraud or market the Services, card networks, payment processors, referral partners, identity verification companies, and from third parties that you have permitted to release information to us. We also may receive information about you from publicly available sources, such as social media platforms. |
| Automated technologies and interactions | As you interact with our website, we may automatically collect technical data about your equipment, browsing actions, and patterns. See Section 8(Cookies and Other Technology) below for more details. |
6. Why We Collect Your Information
We use the information we collect about you, or that you provide to us, for the following purposes:
| Purpose | Examples |
|---|---|
| Provide our Services to you |
|
| Facilitate your requests |
|
| Manage and improve our Services |
|
| Personalize your experiences |
|
| Communicate with you |
|
| Manage our operational requirements |
|
| Compliance and protection |
|
| Derived purposes |
|
9. Cross-Jurisdictional Transfers
By providing your data to us, you acknowledge and agree that your personal information may be transferred to other jurisdictions for processing and storage, including in servers located across Canada and in the United States, where laws regarding the protection of personal information may be less stringent than the laws in your jurisdiction. Further, your personal information may be accessible to law enforcement, national security authorities, and the courts of such jurisdictions. Where necessary to make such transfers, we will comply with our legal and regulatory obligations. If you have any questions about how we may store and process your personal information in other jurisdictions, please contact us (see Section 16 (Contact Paybilt) below).
10. Data Security
The security of your personal information is very important to us. We protect your information by limiting access to your personal information on a strict “need-to-know” basis and we implement reasonable physical, organizational, and technological safeguards as appropriate.
Every transfer of personal information from you to us or from us to third parties is protected by a data processing agreement. If you would like to receive more information about the safeguards we employ, please contact us (see Section 16 (Contact Paybilt) below).
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmited to our website. You are also required to take all steps necessary to safeguard your personal information, including login credentials and other information. Any transmission of personal information is at your own risk. We are not responsible for the circumvention of any privacy settings s or security measures contained on the website. If you believe that there has been a breach of security, please contact us immediately.
11. Data Retention
We will only retain and use your information to fulfill the purposes for which it was collected and as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements under applicable laws. We will destroy or render anonymous such information when it is no longer necessary.
12. Third-Party Links
Our website may contain links to other sites that Paybilt does not own or operate. We provide links to third- party sites as a convenience to the user. These links are not intended as an endorsement of or referral to the linked sites. The linked sites have separate and independent privacy statements, notices, and terms of use, which we recommend you read carefully. We do not have any control over these sites and have no responsibility or liability for how the organizations that operate such linked sites may collect, use, disclose, or otherwise treat your personal information.
13. Your Rights
As noted above, in most instances, Paybilt is a “data processor” for Merchants. If you are a Merchant Customer, the Merchant is the “data controller” of your personal information and you should refer to the privacy policies or notices of the relevant Merchant for information regarding their privacy practices and your rights.
In relation to the personal information for which Paybilt acts as a “data controller”, and subject to certain exceptions and applicable laws, you may have the following rights:
| Rights | Description |
|---|---|
| Right to be informed | You may request information about the personal information we collect about you, the categories of persons who have access to the information within our organization, the duration of time the information will be kept, and the contact information of the person in charge of protecting personal information. |
| Right of access | You may request access to your personal information that is in our possession. |
| Right of rectification | If we hold personal information about you and you believe that it is not accurate, complete, and up to date, you can request to have it rectified. We will also send any information that has been amended, where appropriate, to any third parties that have access to the information. |
| Right of erasure | In some circumstances, as outlined by applicable laws, you may request to have your data erased. |
| Right of portability | If you reside in Quebec, you may request to receive a digital copy of all personal information that has been collected from you by Paybilt. |
| Right to withdraw consent | If we rely on your implicit or explicit consent as our legal basis for processing your personal information, you have the right to withdraw your consent at any time. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. |
Please contact our Privacy Officer if you wish to exercise any of your rights under the applicable laws. In order to exercise your rights, we may require you to sufficiently verify your identity by providing government-issued identification and/or verification of your email address and/or phone number.
14. Minors
We do not permit minors under the age of 18 or anyone under the legal age of majority in their applicable jurisdiction to access or use our Services. We request that you do not provide us with personal information if you are a minor. If we learn that we have mistakenly or unintentionally collected or received personal information from a child without appropriate consent, we will delete it. If you believe we mistakenly or unintentionally collected any information from or about a child, please contact us (see Section 16 (Contact Paybilt) below).
15. Changes to this Policy
We reserve the right to change or revise this Policy at any time to reflect changes in the law or our data collection and use practices. Changes to this Policy will apply to the information collected from the date we post our revised Policy, as well as to existing information we hold. The date this Policy was last revised is identified at the top of the page. Your continued use of our Services after we make any changes is deemed to be acceptance of those changes.
16. Contact Paybilt
If you have any questions or concerns about this Policy or Paybilt’s handling of your personal information, please contact our Privacy Officer at:
Email: [email protected]