Privacy Policy
Lasted updated: May 20, 2021
We are committed to protecting our customers' personal and financial information. In the course of providing payment processing and related products and services, we need to collect and maintain certain nonpublic personal information.
This Privacy Policy informs how we collect, use, protect and disclose your nonpublic personal information when you use our products services and the choices you have associated with that information. Please read this Privacy Policy carefully to understand our policies and practices regarding your personal information.
This Policy applies to Boom Commerce and to our controlled U.S. affiliates, subsidiaries and parents (collectively, "we," "us," and "our"). We do not disclose any nonpublic personal information about our customers or former customers to any nonaffiliated third parties, except as described below.
Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. By accessing or using our products and services in any way, you acknowledge that you have read, understood and agree to be bound by the terms and conditions set forth in this Privacy Policy. Your acknowledgement includes your consent and agreement to the manner of collection and use of information, including the use of personal information (described below). If you do not agree with this Privacy Policy, you may not use our products and services.
This policy applies only to customers who interact with us through e-mail, through our website or that provide information to us through the use of our products and services. It does not apply to information which we may collect through any other means, including on websites operated by any third party, or any information collected by any third party, including through any application or content (including advertising) that may link to or be accessible from or on our website.
The personal information we collect
For the purposes of this Privacy Policy, personal information is any information about an identifiable individual.
When you apply for, open, or maintain a merchant or partner account with us, or when you apply for a financial product or service, we or our vendors may collect the following types of information:
contact and identification information, such as your name, address, telephone number, e-mail address, date of birth and Social Security number;
product and service related information concerning the products and services that we provide to, or receive from, you or programs that we offer;
for parties with whom we do business, credit and financial information such as your payment methods and preferences, and billing and credit history, where applicable;
business relationship information, including information related to your agreements, preferences, advisors and decision-makers, feed-back and information requested by or provided to you;
Information about your transactions with us, such as your processing history and banking history; and
Information about you from consumer-reporting agencies and business-reporting agencies
We may also collect market-related information, which may include personal information, concerning market trends and activities impacting our business. This information may include contract terms, financial information and other information for the purpose of market analysis, resource planning, financial advisory services and strategic planning. We may also collect information related to our media, investor and public relations activities and information related to our interactions with financial, resource planning, regulatory and other analysts and advisors.
As a general rule, we collect personal information directly from you. In most circumstances where the personal information that we collect about you is held by a third party, we will obtain your permission before we seek out this information from such sources (such permission may be given directly by you, or implied from your actions) or rely on the permission you have given to the third party.
From time to time, we may utilize the services of third parties in our business and may also receive personal information collected by those third parties in the course of the performance of their services for us or otherwise. Where this is the case, we will take reasonable steps to ensure that such third parties have represented to us that they have the right to disclose your personal information to us.
Where permitted or required by applicable law or regulatory requirements, we may collect information about you without your knowledge or consent.
Why we collect and use personal information
We collect personal information from you to enable us to manage, maintain, and develop our business and operations, including:
to establish, maintain and manage our relationship with you so that we may provide you with, or receive from you, the programs, products and services that have been requested;
to be able to review the products and services that we provide to you so that we may understand your requirements for our programs, products and services and so that we may work to improve our products and services;
to be able to review the products and services that we provide to you so that we may work with you to understand our requirements for such products and services;
to administer or otherwise carry out our obligations in relation to any agreement you have with us;
to protect us against error, breach of contract, negligence, fraud, theft, illegal activity and damage to our goods and property;
to alert you to updated information and other new products and services from us, or third-parties, or to forward promotional materials to you, where you have consented to receive such information;
to complete a transaction or service requested by you;
to respond to inquiries or requests submitted by you;
to ensure the website is relevant to your needs;
to help us create and publish content most relevant to you;
to enable us to comply with applicable law or regulatory requirements; and
any other reasonable purpose to which you consent.
Your personal information may be used and disclosed
We take care to allow your personal information to be accessed only by those who really need access to perform their tasks and duties, and to share with third parties who have a legitimate purpose for accessing it. We want you to understand when and with whom we may share the information we collect. We may share information that we collect as follows:
to our affiliates to best service your business or to provide enhanced products or services provided by our partners;
to our affiliated companies and to other service providers with which we have joint marketing agreements or that offer financial or other products and services with us or on our behalf. By sharing this information, we can provide you with a broader range of products and services, improve your experience with us, and better serve your needs;
as permitted or required by applicable law or regulatory requirements;
we may also disclose information that we collect from you such as your name, contact information, and customer relationships with us to nonaffiliated third parties that perform services, such as marketing or market research, on our behalf;
to comply with valid legal processes such as search warrants, subpoenas or court orders;
as part of our regular reporting activities;
to protect our rights and property;
where the personal information is publicly available;
during emergency situations or where necessary to protect the safety of a person or group of persons; or
for any additional purposes for which we have obtained your consent.
We will not sell your personal information to third-party marketers or any other entity for any purpose without your consent.
We may share your personal information with our employees, contractors, consultants, affiliates and other parties who require such information to assist us with managing our relationship with you, including third parties that provide services to us or on our behalf. For example, we may share your personal information from time to time with our third party information technology and data processing service providers so that we may operate our business.
We require that all entities with whom we share your nonpublic personal information, including companies that process or service transactions for us, agree to keep your information confidential. We also prohibit them from using or disclosing your information. We conduct regular internal audits of our business practices and procedures, examining confidentiality standards and information access in order to protect your personal information.
We may use or disclose your personal information without your knowledge or consent where we are permitted or required by applicable law or regulatory requirements to do so.
Disclosure or transfer on sale
We may disclose or transfer your personal information to third parties in connection with a corporate re-organization, merger or amalgamation, or the sale of all or substantially all of our assets, provided that the personal information disclosed continues to be used for the purposes permitted by this Privacy Policy by the entity acquiring this information.
Website use information
When you visit our website, we may automatically collect website use information, such as information about your Internet service provider, your operating system, browser type, domain name, Internet protocol (IP) address, your access times, the website that referred you to us, the web pages you request, and the date and time of those requests. We use this information only to monitor our website’s performance and improve our website’s content and structure. You will remain anonymous to us unless you provide us with your identity.
Like many websites, we use “cookies” and other technologies such as pixel tags and web beacons for a variety of purposes to improve your visits to our website. Cookies are pieces of information that a website transfers to the hard drive on your computer for record-keeping purposes. These cookies will allow the website to remember important information that will make your use of the website more convenient. For example, we track the total number of visitors to our websites on an anonymous aggregate basis. We also use cookies so that we remember you when you return to our website.
We treat information collected by cookies and other technologies as non‑personal information. However, to the extent that Internet Protocol (IP) addresses or similar identifiers are considered personal information by local law, we also treat these identifiers as personal information. Similarly, to the extent that non-personal information is combined with personal information, we treat the combined information as personal information for the purposes of this Privacy Policy.
Pixel tags enable us to send email messages in a format customers can read, and they tell us whether mail has been opened. We may use this information to reduce or eliminate messages sent to customers.
Web beacons allow us to obtain information such as the IP address of the computer that downloaded the page on which the beacon appears, the URL of the page on which the beacon appears, the time the page containing the beacon was viewed, the type of browser used to view the page, and the information in cookies set by the third-party. Web beacons allow us to count users who have visited certain pages and to generate statistics about how our site is used.
California Residents Only
If you are a California resident and the processing of personal information about you is subject to the California Consumer Privacy Act (“CCPA”), you have certain rights with respect to that information. For instance, California residents may request and obtain once a year, free of charge, information about Personal Information (as defined by the CCPA), if any, that we disclose to certain third parties for direct marketing purposes in the preceding calendar year.
To learn more about your rights as a California resident please click here.[BKJ1]
Consent and opt-out
It is important to us that we collect, use or disclose your personal information where we have your consent to do so. Depending on the sensitivity of the personal information, your consent may be implied, deemed (using an opt-out mechanism) or express. Express consent can be given orally, electronically or in writing. Implied consent is consent that can reasonably be inferred from your action or inaction. For example, when you enter into an agreement with us, we will assume your consent to the collection, use and disclosure of your personal information for purposes related to the performance of that agreement and for any other purposes identified to you at the relevant time.
Typically, we will seek your consent at the time that we collect your personal information. In certain circumstances, your consent may be obtained after collection but prior to our use or disclosure of your personal information. If we plan to use or disclose your personal information for a purpose not previously identified (either in this Privacy Policy or separately), we will endeavor to advise you of that purpose before such use or disclosure.
Unless you advise us otherwise, you have consented to the collection, use and disclosure of your personal information as explained in this Privacy Policy. You may change or withdraw your consent to the collection of personal information at any time, subject to legal or contractual restrictions and reasonable notice, by contacting our Privacy Officer using the contact information set out below. All communications with respect to such withdrawal or variation of consent should be in writing and addressed to our Privacy Officer. In some circumstances, a change in or withdrawal of consent may severely limit our ability to provide products or services to, or acquire products or services from, you.
Privacy policy regarding children
We do not intend our website to collect personal information from children under the age of 16. We urge parents to regularly monitor and supervise their children’s on-line activities.
BY ACCESSING OR USING THE WEBSITE, YOU DECLARE YOU ARE OF LEGAL AGE TO AGREE TO THIS PRIVACY POLICY OR, IF YOU ARE NOT OF LEGAL AGE, THAT YOU HAVE OBTAINED PARENTAL/LEGAL GUARDIAN CONSENT TO DO SO.
Links to other websites
Our website may offer links to other websites that may be subject to less stringent privacy standards. If you visit one of these linked websites, you are then subject to the privacy policies and other policies of such website and are no longer protected by our policies. We are not responsible for, or able to monitor or control, the policies and practices of other companies, including with respect to their collection, use or disclosure or your personal information. You should review the privacy policies of these websites before providing them with personal information.
Security
No data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you understand that any information that you transfer to us is done at your own risk.
Once we receive your transmission, we make reasonable efforts to maintain physical, technical and procedural safeguards that are appropriate to the sensitivity of the personal information in question. We use firewalls to protect your information from unauthorized access, disclosure, alteration, or destruction. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software.
In addition, although we obligate third parties who support our services to use any personal information only for the purpose of performing their work, we do not control such third parties’ security measures.
If we learn of a security system breach, we may attempt to notify you electronically so that you can take appropriate protective steps. By providing personally identifiable information to us you agree that we can communicate with you electronically regarding security, privacy and administrative issues relating to your personal information. We may post a notice on our website if a security breach occurs. We may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.
Updating or accessing your personal information
If you wish to obtain access to the personal information that we maintain about you, or to correct, amend, update or delete such information, please contact our legal department in writing using the contact information provided below. Before responding to your request, we may ask you to verify your identity and to provide further details about your request. We will endeavor to respond within an appropriate timeframe and, in any event, within any timeframes required by law. We may charge you a fee to access your personal information; however, we will advise you of any fee in advance. If you require assistance in preparing your request, please contact our legal department.
Your right to access the personal information that we hold about you is not absolute. There are instances where applicable law or regulatory requirements allow or require us to refuse to provide some or all of the personal information that we hold about you. In addition, the personal information may have been destroyed, erased or made anonymous in accordance with our record retention obligations and practices. In the event that we cannot provide you with access to your personal information, we will endeavor to inform you of the reasons why, subject to any legal or regulatory restrictions. In some circumstances we may not agree with your request to change your personal information and will instead append an alternative text to the record in question.
Changes to this privacy policy
From time to time, we may revise this Privacy Policy. Any revisions made will be posted within the Privacy Policy, as applicable, on the website and will take effect immediately after they are posted unless otherwise noted. Collection and use of information from that point forward will be subject to the revised terms. If you do not agree with any revision to this Privacy Policy, you must stop using our products and services. Your continued use of the products or services after any such revisions are posted will constitute your acceptance of these changes. You should review the Privacy Policy from time to time for any changes.
Governing law / venue / forum
Unless otherwise noted in this Privacy Policy, this Privacy Policy shall be governed by the laws of the State of Delaware and by the federal laws of the United States, excluding their conflicts of laws provisions. All disputes, controversies and disagreements between the parties arising out of or related to this Privacy Policy shall be exclusively submitted for, resolved and finally settled by, binding arbitration. The arbitration shall be conducted by three (3) arbitrators exclusively in Portland, Oregon in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The Parties waive any objection that might be made on the ground that such venue may be in an inconvenient forum.
Contact information
We have appointed a Privacy Officer to oversee compliance with this Privacy Policy. To ask questions or provided any comments about this Privacy Policy or our privacy practices, please contact our Privacy Officer by telephone or by email at:
Boom Commerce Legal Department
Email: legal@boomcommerce.com
Phone: (833) 800-2666
You may also call us at (833) 800-2666 (Mon-Fri, 8 am – 5 pm PST) or email us at legal@boomcommerce.com. We will endeavor to answer your questions and advise you of any steps taken to address the issues raised by you.