MicroBiz Privacy Policy

Updated: April 27, 2020

 

This is the privacy policy (“Privacy Policy“) that governs how we, MicroBiz LLC and our affiliates companies MicroBiz AM LLC and Tater Tot Software (collectively, “MicroBiz“, “we“, “us” or “our“), use Personal Information (defined below) pertaining to each of our registered users and/or our unregistered visitors (“User”, “you”) that we collect, receive and store in connection with the use of the website: www.microbiz.com (“Site”).

Please read this Privacy Policy carefully, before using our Site, so you can fully understand our practices in relation to Personal Information.

This Privacy Policy includes the following sections

  1. Introduction
  2. What information we collect
  3. How we collect Personal Information
  4. How we use and share Personal Information
  5. Transferring Personal Information
  6. Opt-out and account deletion
  7. Your rights
  8. Legal basis
  9. Choice
  10. Links to other sites
  11. Children
  12. How we protect and store your Personal Information
  13. California resident rights
  14. Other local and state law privacy rights
  15. How to contact us

 

Introduction

We are committed to respecting your online privacy and we recognize your need for the protection and management of any Personal Information that you share with us. We provide this Privacy Policy to explain, in as clear and plain language as possible, our online information practices, how we collect and use information pertaining to each of our Users, and the choices you can make about the way your Personal Information is collected and used in connection with the Site. You will also find an explanation of certain rights you have (see the section addressing “your rights”) in respect of your Personal Information. We will not use or share your information with anyone except as described in this Privacy Policy.

Any capitalized but undefined term in this Privacy Policy shall have the meaning given to it in the Terms, available at: [email protected]

This Privacy Policy was last updated on the date listed above.  We reserve the right, at our discretion, to change this Privacy Policy at any time. Such change will be effective ten (10) days following posting of the revised Privacy Policy on the Site and your continued use of the Site thereafter means that you accept those changes, and therefore we ask you to check back periodically for the latest version of the Privacy Policy. If there will be any significant changes made to the use of your Personal Information in a manner different from that stated at the time of collection, we will notify you by posting a notice on our Site.

By choosing to use MicroBiz Services, or by providing Personal Information to us, you consent to all of the terms of this Privacy Policy. If you do not agree with any terms of this Privacy Policy, please do not use MicroBiz Services or submit any Personal Information to MicroBiz.

 

What information we collect

We collect the following types of information:

  • Personal Information means any information that identifies or relates to a particular individual and also includes information referred to as “personally identifiable information” or “personal data” under applicable data privacy laws, rules, or regulations.
  • User Information means any personal information relating to our Users and (where applicable) their businesses. We collect this information so that we can provide our Services to those Users. For the purposes of GDPR in the European Union, we are the ‘data controller’ of this User information and we collect and store it for the purposes of providing our Services to Users and maintaining records and contact details relating to those Services and Users.
  • Customer Information means any personal information relating to individuals with whom our Users interact (such as customers of their stores). Users of our Services are solely responsible for establishing policies for and ensuring compliance with all applicable laws and regulations, as well as all privacy policies, agreements or other obligations, relating to the collection of personal information in connection with the use of our Services by individuals with whom our Users interact. We collect information under the direction of our Users and have no direct relationship with individuals whose personal information we process in connection with the use of our Services. If you are a User collecting information (including personal information) about someone else, you must have the legal ability to do so and, if necessary, inform them about how their personal information will be used (as described in this Privacy Policy). If you are an individual who interacts with a User of our Services – for instance if you’re an employee or customer of a retail store – that User is the controller of your information and you should contact them directly (e.g. – the owner or manager of the retail store) – for assistance with any requests or questions relating to your personal information.

 

How we collect Personal Information

 We receive and/or collect Personal Information from you when you:

  • Open an Account on our Site. We will request that you register an account on our Site (“Account”) when you sign up for a free trial or download or paid software subscription, update or license purchase. When opening an Account, providing us with the following Personal Information is mandatory: Your username, first name, last name, email address, company name and a username and password that you will use in connection with your Account. We do not intend to make any of your Account information publicly available on the Site other than if you comment on our Blog or Support Portal.
  • Post comments on our Blog or Community Forum. The Blog and Community Forum. Information we collect includes first name, last name, email address, telephone, company name. This information is mandatory so that we could contact you and respond to your comment or request.
  • Commence direct communications with us either in relation to a question or complaint. We collect Personal Information when you commence direct communications with us by sending us a “contact us”, “demo request”, “submit a question” or similar request via a via sign-up forms on our Site. In order to send a “contact us” request, we will request the following Personal Information from you: first name, last name, company name, email address, telephone, state and country. This information is mandatory so that we could contact you and respond to your request and send information. When you commence direct communications with us, we will retain such communication(s) and the accompanying Personal Information you provide together with them for the amount of time necessary to adequately and professionally process your inquiries, respond to your requests and improve our services to our Users.
  • Use of our Site for general navigation. The Site makes use of log files. We use log files to collect the following information: internet protocol (IP) addresses, type of browser, Internet Service Provider (ISP), date/time stamp, referring/exit pages, clicked pages and any other information your browser may send to us. We use such information to analyze trends, administer the site, track user’s movement around the Site, and gather demographic information.

Some of our Site pages use “cookies” and other tracking technologies. A “cookie” is a small text file that may be used, for example, to collect information about Site activity. Our Site uses two types of cookies: session cookies and persistent cookies. Session cookies are created temporarily in your web browser directory while you are visiting a website and are deleted once you leave the website. Persistent cookies remain in your web browser and are activated again once you visit the website that created that specific cookie. A web beacon is a small file used by a website or an advertisement-related action to keep track of your navigation through a single website or a series of websites. A pixel is a small line of code which is used by a website or an advertisement-related action to assign online activities to a computer or browser.

We use cookies and other technologies in order to ensure proper operation of our Site, collect non-personal information and ensure information security. Although our collection of non-personal information does not personally identify users, we are still committed to giving you the opportunity to exercise your choice of opting out from our collection of such non-personal information.

We will not use the above technologies to collect Personal Information without obtaining your permission, unless where we are permitted to do so under applicable privacy laws. Note that your consent to our collection and use of information, as described in this Privacy Policy, includes the collection and use of information that might generally be inaccessible in the event you had activated the “Do Not Track” option or a similar option or feature in your browser settings.

Please note that your browser enables you to disable all cookies (if you do not know how to do this, check out the “Help” file of your browser), however, this may interfere with your use of the Site or other internet websites.

If you use a new computer, upgrade or change web browsers or take any action which results in the deletion of the “opt out” cookie, you will need to perform this opt-out process again upon any such change.

How we use and share Personal Information

We will use and share the Personal Information and Anonymous Information as follows:

  • We will use the Personal Information you provide in connection with a request for a free trial or download and updates that you submit on the Site and its related services to notify you about and send you updates and/or newsletters (for marketing or other purposes), regarding our offers, products and/or services.
  • We will use some (or all) of your Personal Information to identify and authenticate your access to the parts of the Site and the related services that you are authorized to access, such as the Blog or User Forum.
  • We will use Anonymous Information or disclose it to third party service providers in order to provide and improve our Site and to enhance your experience with it “Anonymous Information” means information which does not enable identification of an individual user, such as aggregated information about the use of our Site. This Privacy Policy is not intended to place any limits on what we do with data that is aggregated and/or de-identified so it is no longer associated with an identifiable User.
  • We will use your Personal Information that you provide in connection with a “contact us”, “trial request” and “demo request” request that you submit on the Site to contact you in response to you inquiry or complaint.
  • We will transfer some (or all) of your Personal Information to our foreign subsidiaries, to the extent reasonably necessary, to provide and improve certain portions of the Site and related services to you. Such information may be transferred to other countries around the world. We require that these parties agree to process such information in compliance with our Privacy Policy.
  • We may use your Personal Information to let you know about our products and services that we believe will be of interest to you. We may contact you by email, or telephone or through other communication channels. In all cases, we will respect your preferences for how you would like us to manage marketing activity with you. To protect privacy rights and to ensure you have control over how we manage marketing with you, we will take steps to limit direct marketing to a reasonable and proportionate level and only send you communications which we believe may be of interest or relevance to you.

In addition, we will share some (or all) of your Personal Information in the manner and for the purposes described below:

  • With our third-party service providers (such as a hosting provider, service provider or a payment processor) who assist us with managing our business operations and providing the Site and its related services, as well as complying with applicable privacy and data protection laws, and will use any Personal Information we share with them solely for the purpose of providing the contracted service(s) to us. Such information may be transferred to other countries around the world. We use commercially reasonable efforts to only engage or interact with third party service providers that post a Privacy Policy governing their processing of Personal Information. Our third-party service providers are located in the United States, Armenia and Germany.
  • We may disclose your Personal Information or any information you submit, if we have a good faith belief that disclosure of such information is reasonably necessary, to: (i) comply with any applicable law, regulation, legal process or governmental request, (ii) enforce our Terms including investigations of potential violations thereof, (iii) detect, prevent, or otherwise address fraud or security issues, and/or (iv) protect against harm to the rights, property or safety of MicroBiz, its users, yourself or the public.

Transferring Personal Information

MicroBiz will take appropriate steps to ensure that transfers of Personal Information are in accordance with applicable laws and carefully managed to protect your privacy rights and interests. To this end:

  • where we transfer your Personal Information outside of MicroBiz, for example to third parties who help provide our products and services, we will obtain contractual commitments from them to protect your Personal Information. Some of these assurances are well recognized certification schemes like the EU – US Privacy Shield for the protection of Personal Information transferred from within the EU to the United States; or
  • where we receive requests for information from law enforcement or regulators, we carefully validate these requests before any Personal Information is disclosed.

Some or all of the Personal Information we collect may be stored or processed on servers located outside your jurisdiction of residence, including in the United States, whose data protection laws may differ from the jurisdiction in which you live. As a result, this information may be subject to access requests from governments, courts, or law enforcement in those jurisdictions according to laws in those jurisdictions.

Subject to applicable laws, you have a right to contact us for more information about the safeguards we have put in place (including a copy of relevant contractual commitments) to ensure the adequate protection of your Personal Information when this is transferred as mentioned above. See “Your Rights” section below for more details.

Opt-out and account deletion

You may choose not to receive future emails from us by pressing an unsubscribe link added at the bottom of each mass marketing email that you receive from us or by sending a single email with the subject “UNSUBSCRIBE” to [email protected] Please note that the email must come from the email account you wish to unsubscribe or block.

Please note that opting-out does not automatically remove all your Personal Information from our systems. We will still retain your Personal Information for a reasonable time unless you specifically contact us to delete or deactivate your Account (see below).

Please note that even if you opt out of receiving the foregoing emails, we may still send you a response to any “Contact Us” request as well as administrative emails (for example, in connection with a password reset request) that are necessary to facilitate your use of the Site or the Account.

If you wish to delete or deactivate your Account information you can contact us at [email protected] and include adequate details of your request. Your email must contain the following topic: “DEACTIVATION OF ACCOUNT”

Your rights

Accuracy and Correction of Personal Information. To the extent that you do provide us with Personal Information, please ensure that it remains accurate. If your Personal Information changes, or you wish to remove or modify certain Personal Information that we are storing, you may either correct or update it by logging-in to your Account and making the change(s), or by contacting us at [email protected] Your email should include adequate details of your request and also contain the following email topic: “PERSONAL INFORMATION UPDATE REQUEST”. We will provide initial responses to such requests within a reasonable period of time.

Access. You have a right to access information held about you. Your right of access can normally be exercised free of charge, however we reserve the right to charge an appropriate administrative fee where permitted by applicable law.

Restriction of Processing. You have a right to restrict the processing of your Personal Information, for example in case when we no longer need your Personal Information for the initial purposes for which they were collected.

Complaints. You have a right to lodge a complaint with your local supervisory authority if you have concerns about how we are processing your Personal Information. We ask that you please attempt to resolve any issues with us first, although you have a right to contact your supervisory authority at any time.

Right to Withdraw Consent. You have the right to withdraw consent at any time with respect to the data collected with your consent (see above). However, withdrawing consent shall not affect the lawfulness of processing based on consent before the withdrawal.

You can exercise your rights by contacting us. Subject to legal and other permissible considerations, we will make every reasonable effort to honor your request promptly or inform you if we require further information in order to fulfil your request.

In the event that your request, for example, would impact the duty of confidentiality we owe to others, or if we are legally entitled to deal with your request in a different way than initial requested, we will address your request to the maximum extent possible, all in accordance with applicable law.

When processing your request, we may ask you for additional information to confirm your identity and for security purposes, before disclosing the Personal Information requested to you. We reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive.

Legal basis

We will only collect, use and share your Personal Information where we are satisfied that we have an appropriate legal basis to do this. Such legal basis’ include:

  • our use of your Personal Information is necessary to perform a contract or take steps to enter into a contract with you (e.g., providing you with our services, creating your user account, communicating with you in relation to a question or complaint, as well as your general use of the Site);
  • you have provided your consent to us using the Personal Information (e.g., where you provide us with marketing consents or opt-in to optional additional services or functionality); and
  • our use of your Personal Information is necessary to comply with a relevant legal or regulatory obligation that we have (e.g., the disclosure of information to law enforcement or tax authorities)

Choice

At all times, you may choose whether or not to provide Personal Information to us. If you choose not to provide the Personal Information we request, you can still use the Site, but you may be unable to access certain options, offers, and services that involve our interaction with you.

Links to other sites

Our website may contain links to other third-party websites. These other websites may have their own privacy policies and terms and conditions that are not governed by this Privacy Policy. We are not responsible for the privacy practices or the content of any website(s) owned and operated by any such third parties. Other websites may collect and treat information collected differently, so we encourage you to carefully read and review the privacy policy for each website you visit. Any links from this website to other websites, or references to third party products, services or publications, do not imply the endorsement or approval of such websites, products, services or publications by us.

Children

The Site is not intended for children under the age of 16 years old, and we do not intend to collect Personal Information from anyone we know to be under 16 years of age.  If we learn we have collected Personal Information from a child under 16, we will delete that information as quickly as possible. If a child under 16 has provided us with Personal Information, his or her parent or guardian may contact us at [email protected] for the purpose of deleting this information.

How we protect and store your Personal Information

Security. The security of your Personal Information is important to us. We follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. We have implemented and will maintain appropriate technical, organizational and security measures, policies and procedures designed to reduce the risk of accidental destruction or loss, or the unauthorized disclosure or access to such information appropriate to the nature of the information concerned. Note that although we take measures to secure the information we collect and reduce the risk of unwanted disclosure, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Information.

We cannot guarantee absolute security and that the information will not be exposed as a result of unauthorized penetration to our servers. As the security of information depends in part on the security of the computer or device you use to communicate with us and the security you use to protect your user IDs and passwords, please make sure to take appropriate measures to protect this information. If you have any questions about security on the Site, you can contact us [email protected]

Retention of your Personal Information. We will store your Personal Information for as long as is reasonably necessary for us to adequately provide you with the services included in the Site, and for any additional purposes for which it was collected (for example, in order to respond to a question or compliant), as explained in this Privacy Policy. In some circumstances we may store your Personal Information for longer periods of time, for example: (i) where we are required to do so in accordance with legal, regulatory, tax or accounting requirements; (ii) for us to have an accurate record of your dealings with us in the event of any complaints or challenges, or (iii) if we reasonably believe there is a prospect of litigation relating to your Personal Information or dealings.

Merger, Sale or Bankruptcy. In the event that we are acquired by or merged with a third-party entity, or in the event of bankruptcy or a comparable event, we reserve the right to transfer or assign Personal Information in connection with the foregoing event.

California resident rights

If you are a California resident, you have the rights set forth in this section.

Access. You have the right to request certain information about our collection and use of your Personal Information over the past 12 months. In response, we will provide you with the following information:

  • The categories of Personal Information that we have collected about you
  • The categories of sources from which that Personal Information was collected
  • The business or commercial purpose for collecting or selling your Personal Information
  • The categories of third parties with whom we have shared your Personal Information
  • The specific pieces of Personal Information that we have collected about you

If we have disclosed your Personal Information to any third parties for a business purpose over the past twelve (12) months, we will identify the categories of Personal Information shared with each category of third-party recipient.

Deletion.  You have the right to request that we delete the Personal Information that we have collected about you. Under the CCPA, this right is subject to certain exceptions: for example, we may need to retain your Personal Information to provide you with the MicroBiz Services or complete a transaction or other action you have requested. If your deletion request is subject to one of these exceptions, we may deny your deletion request.

Sales of Personal Information. We do not sell your Personal Information without your prior consent and have not done so over the last twelve (12) months without your prior consent.

To exercise the rights described above, you must send us a request that (1) provides sufficient information to allow us to verify that you are the person about whom we have collected Personal Information, and (2) describes your request in sufficient detail to allow us to understand, evaluate, and respond to it. Each request that meets both of these criteria will be considered a “Valid Request.” We may not respond to requests that do not meet these criteria. We will only use Personal Information provided in a Valid Request to verify your identity and complete your request. You do not need an account to submit a Valid Request.

We will work to respond to your Valid Request within 45 days of receipt. We will not charge you a fee for making a Valid Request unless your Valid Request(s) is excessive, repetitive, or manifestly unfounded. If we determine that your Valid Request warrants a fee, we will notify you of the fee and explain that decision before completing your request.

You may submit a Valid Request using the contact information at the bottom of this Privacy Policy.

We will not discriminate against you for exercising your rights under the CCPA. We will not deny you our goods or services, charge you different prices or rates, or provide you a lower quality of goods and services if you exercise your rights under the CCPA.

Please note that we may process Personal Information of our customers’ end users or employees in connection with our provision of certain services to our customers. If we are processing your Personal Information as a service provider, you should contact the entity that collected your Personal Information in the first instance to address your rights with respect to such data

If there are any conflicts between this section and any other provision of this Privacy Policy and you are a California resident, the portion that is more protective of Personal Information shall control to the extent of such conflict.

Other local and state law privacy rights

California Resident Rights. Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of Personal Information to third parties for such third parties’ direct marketing purposes; in order to submit such a request, please contact us at [email protected]

Nevada Resident Rights.  If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Information to third parties who intend to license or sell that Personal Information. You can exercise this right by contacting us at [email protected] with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account. Please note that we do not currently sell your Personal Information as sales are defined in Nevada Revised Statutes Chapter 603A.

How to contact us

If you have any comments or questions regarding our Privacy Policy, or your Personal Information that we may be storing and using, please contact us at:

Phone: 702 749 5353

Web: microbiz.com

Email: [email protected]

Mail:
Attn: Security Operations Manager
655 Oak Grove Avenue
#493
Menlo Park, CA 94026

If you have any questions, concerns or complaints regarding our compliance with this notice and the data protection laws, or if you wish to exercise your rights, we encourage you to first contact us at: [email protected]

We will investigate and attempt to resolve complaints and disputes and will make every reasonable effort to honor your wish to exercise your rights as quickly as possible and in any event, within the timescales provided by data protection laws.

You have a right to lodge a complaint with your local data protection supervisory authority (i.e., your place of habitual residence, place or work or place of alleged infringement) at any time. We ask that you please attempt to resolve any issues with us before your local supervisory authority.