Privacy Policy

PAYWHIRL collects email addresses of people who send us email. We also collect information on what pages Users access and information provided to us by Users via surveys and the Registration Process. Such information may contain personal data about you including your address, phone numbers, credit card numbers, etc. We will not disclose Confidential Information without your written permission. However, certain Confidential Information collected from you, and about you, is used within the context of providing the Hosted Service to you. The Confidential Information we collect is not shared with, sold or rented to others, except under certain circumstances in which your use of the Hosted Service is deemed to provide to us a valid consent to disclose the following: PAYWHIRL may share your Confidential Information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of PAYWHIRL’s Terms of Service, or as otherwise required by law. PAYWHIRL employs 3rd Party Products and Services to perform tasks on your behalf and may need to share your Confidential Information with them to provide products and services to you. PAYWHIRL may also share your Confidential Information to provide products or services you have requested or when we have your permission. We will transfer Confidential Information about you with a 3rd party if PAYWHIRL is acquired by or merged with another company. In this event, PAYWHIRL will notify you by email or by putting a prominent notice on the Hosted Service before Confidential Information about you is transferred and becomes subject to a different privacy policy.

1. Use of Confidential Information.

1.1 Confidential Information Defined. The term "Confidential Information", as used herein, includes the terms of your Agreement with PAYWHIRL, Customer Data, each party’s proprietary technology, business processes and technical product information, designs, issues, all communication between the Parties regarding the Hosted Service and any information that is clearly identified in writing at the time of disclosure as confidential. Notwithstanding the foregoing, Confidential Information shall not include information which:

(1) is known publicly;
(2) is generally known in the industry before disclosure;
(3) has become known publicly, without fault of the Receiving Party;
(4) the Receiving Party becomes aware of from a 3rd party not bound by nondisclosure obligations to the Disclosing Party and with the lawful right to disclose such information to the Receiving Party;
(5) is independently developed by the Receiving Party without use of, or reference to, the Disclosing Party’s Confidential Information;
or (6) is aggregate data regarding use of PAYWHIRL’s products and services that does not contain any personally identifiable or Customer-specific information.

1.2 Information Collected in the Registration Process. When you complete the Registration Process for the Hosted Service, we ask for your name, company name, email address, billing address and credit card information. Members who sign up for the free account are not required to enter a credit card; however, if you want to enable your checkout process, you must provide your credit card information.

1.3 PAYWHIRL's Use of Information Collected in the Registration Process. PAYWHIRL uses the information we collect for the following general purposes: providing products and services to you, billing, identification and authentication, services improvement, contact, and research.

1.4 Customer's Use of Information Collected Through the Hosted Service. As part of the buying and selling process on the Hosted Service, you will obtain the email address and/or shipping address of your customers. By entering into our Agreement, you agree that, with respect to other users’ Confidential Information that you obtain through the Hosted Service or through a Hosted Service-related communication or Hosted Service-facilitated transaction, PAYWHIRL hereby grants to you a license to use such information only for Hosted Service-related communications that are not unsolicited commercial messages. PAYWHIRL does not tolerate spam. Therefore, without limiting the foregoing, you are not licensed to add the name of someone who has purchased an item from you, to your mail list (email or physical mail) without their express consent.

2. Security. The security of your Confidential Information is important to us. When you enter sensitive information, such as your credit card number, on our registration form, we encrypt the transmission of that information using secure socket layer technology (SSL). Credit card information is not stored on PAYWHIRL’s servers. No method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your Confidential Information, we cannot guarantee its absolute security. If you have any questions about security on our Web site, you can email us at [email protected].

3. Disclosure. PAYWHIRL may use 3rd party service providers to provide certain services to you and we may share Confidential Information with such service providers. We require any company with which we may share Confidential Information to protect that data in a manner consistent with this policy and to limit the use of such Confidential Information to the performance of services for PAYWHIRL. PAYWHIRL may disclose Confidential Information under special circumstances, such as, to comply with court orders requiring us to do so or when your actions violate our Agreement. We do not sell or otherwise provide Confidential Information to other companies for the marketing of their own products or services.

4. Client Data Storage. PAYWHIRL owns the data storage, databases and all rights to the Hosted Service; however, we make no claim to the rights of your data. You retain all rights to your data and we will never contact your clients directly, use your data for our own business advantage or to compete with you or market to your clients.

5. Cookies.

5.1 Cookies Defined. A cookie is a small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a Web site and stored on your computer’s hard drive. Every computer that accesses our Web site is assigned a different cookie by us.

5.2 Google Analytics and Remarketing. We use a service provided by Google called Google Analytics ("GA") as well as AdRoll. GA and AdRoll permit us to reach people who have previously visited our site and show them relevant advertisements when they visit other sites across the Internet in the Google Display Network. This is often called 'remarketing'.

5.3 Use of Cookies. Cookies can be used to track your session on our Web site and to serve customized ads from Google and other 3>rd party vendors. When you visit this Web site, you may view advertisements posted on the site by Google or other 3rd parties. Through 1st party and 3rd party cookies, these 3rd parties may collect information about you while you are visiting this Web site and other Web sites. They may use this data to show you advertisements on this Web site and across the Internet based on your prior visits to this Web site and elsewhere on the Internet. We do not collect this information or control the content of the advertisements that you will see.

5.4 Opting Out. You may be able to opt out of customized Google Display Network ads by visiting the Ads Preferences Manager (http://www.google.com/ads/preferences/), and the Google Analytics Opt-out Browser Add-on (http://www.google.ca/ads/preferences/plugin/). In addition, you can opt-out of all remarketing, including AdRoll’s, by using the NAI Consumer Opt Out service (http://optout.networkadvertising.org/#!/).

5.5 Acceptance of Cookies. Your use of this Web site without opting out means that you understand and agree to data collection to provide you with remarketing ads using GA and cookies from other 3rd party vendors based on your prior visits to this Web site and elsewhere on the Internet.

6. Changes to this Privacy Policy. We reserve the right to modify this privacy policy at any time, so please review it frequently. If we make material changes to this policy, we will notify you here or by means of a notice on our homepage so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.