Effective Date: January 15th 2025

App Privacy Policy

Bilt Commerce (Ontario) Inc. (“we”, “us”, “our”, “Paybilt”) is a payments technology provider that offers credit card alternatives to businesses for online and in-person transactions. This Privacy Policy (“Policy”) describes how we handle Personal Data on behalf of our customers (“Merchants” or “you”) in connection with Paybilt's software application and the corresponding services it provides (the App), which runs on the Clover Point of Sale System (“Clover POS”).

For the purposes of this Policy:

“Personal Information” is any information that can be used, either alone or in combination with other information, to identify an individual. Personal Information includes but is not limited to your name, residential address, residential telephone number and personal e-mail address.
“Business Contact Information” is your name, position name or title, company, work address, work email address and work telephone number. Business Contact Information generally does not constitute Personal Information

(collectively Personal Information and Business Contact Information is “Personal Data”).

As Merchants are businesses, most of the Personal Data collected by Paybilt on a Merchant will be Business Contact Information. However, Paybilt also collects the Personal Information of Merchant’s customers on their behalf.

When you provide Personal Data to us, you represent and warrant that you have the appropriate authority and consent to provide the Personal Data and that we are entitled to collect, use and disclose the Personal Data as outlined in this Policy.

Merchants are responsible for honouring the privacy rights of their customers and for making the appropriate privacy disclosures to their customers. This Policy is not a substitute for any privacy policy that a Merchant may be required to provide to their customers, personnel, or other individuals.

1. Personal Data Pyabilt Collects

We may collect Personal Data from or on behalf of Merchants. Merchants determine the scope of the Personal Data transferred to us or that we collect, and the information we receive may vary by Merchant. Typically, the Personal Data we collect on behalf of Merchants includes:

A. Personal Data of the Merchant and its personnel

We may collect the following Personal Data about the Merchant and its personnel:

Categories of Information	Examples
Merchant business information	Business name and address.
Personnel contact Information	Phone number and email.
Merchant financial information	Bank account information and tax information.
Personnel account information	Login credentials.
Personnel internet or other electronic network activity information	Browsing history, search history, and interactions with the App.
Other information provided	Other information the Merchant or its personnel voluntarily provides to us, including suggestions for improvements, complaints, comments, and inquiries.

B. Personal Data of Merchant’s customers

We also obtain the Personal Data of the Merchant’s customers through your use of the App. It is your responsibility to obtain any necessary consents and permissions from customers.

We may collect the following Personal Data about the Merchant’s customers when they make a payment via the Clover POS:

Categories of Information	Examples
Merchant customer contact information	Names, addresses, phone numbers, and emails.
Merchant customer financial information	Bank account information and payment card information.
Merchant customer transaction information	When your customers use the Paybilt App 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	Browsing history, search history, and interactions with the App.
Merchant customer technical usage information	Device information, including information about their web browser, IP address, time zone, and some of the cookies that are installed on the device.
Other information provided by Merchant customers	Other information that Merchant customers voluntarily provide to us, including suggestions for improvements, complaints, comments, and inquiries.

2. Sources of Personal Data

We collect Personal Data from the following sources:

Source	Description
Directly from you	You may give us information about you by corresponding with us by phone, e-mail, through the website, or otherwise, including through your use of the App.
Clover POS	We receive Personal Data from Clover through the Clover POS.
Third parties	We may receive information about you from our service providers, where permitted by law and from third parties that you have permitted to release information to us.

3. How Paybilt Uses Personal Data

We use the Personal Data we collect for or on behalf of Merchants, to:

Purpose	Examples
Provide the App	Set up the App for you, and to provide you with support during the onboarding process, integration, and installation. Evaluate your application for an account. Process payments and transactions, including where applicable, return of funds. Verify your identity and/or evaluate your eligibility for the App.
Facilitate your requests	Facilitate requests that you have made.
Manage and improve our services	Present, operate, maintain, enhance, and provide all of the features of the App. Research, analyze, develop, manage, protect, and improve the App.
Personalize your experiences	Understand your needs, the suitability of our services, and assess future needs. Understand and analyze the usage trends, behaviours, and preferences of our users to improve the App 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 regarding the App. Share new products, offers, promotions, or other information in which you may be interested, where you have expressly consented to such communications.
Manage our operational requirements	Manage our day-to-day organizational and operational needs. Establish and maintain communication with service providers.
Compliance and protection	Protect our employees or operations. Prevent or investigate fraud, illegal or prohibited activities, and security issues or breaches, including using identifiable transaction data for fraud monitoring and anonymized data for fraud analytics and anti-money laundering. 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 the App.

4. Who Paybilt Shares Personal Data With

We may share Personal Data that we collect for the purposes outlined above with the following parties:

Categories	Description
Clover	Clover owns the platform on which our App runs, the Clover POS.
Your legal agent or representative	Your legal agent or representative, including a person with a valid power of attorney, or a person appointed by the appropriate government body or court.
Service providers	Third-party service providers who help us provide, maintain, and improve the App and associated services, such as: technology providers or potential partners to store information, provide software, or help us provide the services; identity verification providers to help us with fraud prevention and to assist us in meeting our anti-money laundering, “know your customer”, background checking, and other compliance requirements; fee collection service providers to help us enforce our legal rights; and financial partners, like financial service providers, banks, other financial institutions, payment networks, payment card associations, credit reference agencies, and credit bureaus that help us provide the services.
Acquiring organizations	An acquiring organization in the event of a proposed or actual purchase (including liquidation, realization, seizure, or repossession), concession, merger, business combination, or any other type of acquisition, liquidation, transfer, translational contract, or financing of Paybilt in whole or in part or of any property, share, assets, stock, or business of Paybilt. Any surviving entity as a result of such transaction will have the right to use your Personal Data only in the manner set out in this Policy.
Law enforcement	Law enforcement or third parties to: comply with any court order, law, or legal process, including responding to any government or regulatory request; enforce or apply our End User License Agreement and other agreements; and protect the rights, property, or safety of our business, employees, customers, or others. This includes exchanging information with other companies and organizations for cybersecurity, fraud protection, and credit risk reduction.

5. Cross-Jurisdicitonal Transfers

By providing the Personal Data to us, you acknowledge and agree that the Personal Data 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 Data may be accessible to law enforcement, national security authorities, and the courts of such jurisdictions. If you have any questions about how we may store and process Personal Data in other jurisdictions, please contact us at the contact information outlined below.

6. Personal Data Security

The security of Personal Data is very important to us. We protect Personal Data by limiting access to on a “need-to-know” basis and we implement reasonable physical, organizational, and technological safeguards as appropriate.

Every transfer of Personal Data 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 at the contact information outlined 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 Personal Data transmitted through the App. You are also required to take all steps necessary to safeguard Personal Data, including login credentials and other information.

7. Retention of Personal Data

We will only retain and use your Personal Data to fulfill the purposes for which it was collected and as necessary to comply with our contractual and legal obligations, including to resolve disputes, and enforce our agreements under applicable laws. We will destroy or render anonymous such information when it is no longer necessary.

8. Merchant Rights

To the extent that applicable law provides individuals with rights pertaining to their Personal Data, such as to review and request changes to their Personal Data, individuals should contact the Merchant with any requests pertaining to the Merchant’s use of our App.

9. Questions

10. Updates

We reserve the right to modify this Policy at any time. We will notify you of updates by updating the date of this Policy.