Effective Date: 10 February, 2019
We provide a service for authenticating your identity for the purposes of connecting you to customer accounts and loyalty programs, making payments, obtaining physical entry in to structures and other activities (the “POPID Gateway”).
1.Collection of Information
You will be required to provide Information to us in connection with your use of the POPID Gateway and you expressly acknowledge and agree to us sharing your Information with POPID certified merchants (“Merchants”) to allow these Merchants to authenticate your identity in connection to your use thereof. Your Information is personal and a vital part of our relationship with you and we warrant to you that we will not share your Information with non-certified merchants.
The POPID Gateway contains connections to web sites, applications, loyalty programs and similar platforms (collectively, the “Merchant Services”) provided or hosted by Merchants and you acknowledge and agree that your use of the Merchant Services is subject to and conditional upon your acceptance of any terms, conditions and policies implemented by the Merchants, from time to time, with respect to the Merchant Services. You further acknowledge and agree that we are not responsible, in any manner whatsoever, for the connection to and your use of the Merchant Services and the sharing of and use and storage by the Merchants of your Information.
3.Combination of Information from Merchants
4.Automatic Collection of Information
When you use thePOPID Gateway, we also may use various technologies, including cookies, web beacons, pixel tags, log files, local shared objects (Flash cookies), HTML5 cookies, or other tracking technologies, to automatically collect your Information, including aggregated measures of the POPID Gateway’s use and aggregated technical and other data about your use of the POPID Gateway that do not personally identify you.We may use this data to analyze, improve, support and operate the POPID Gateway, for distribution in general benchmarking data and industry and/or other usage and demographic reports, and other business purposes.You acknowledge and agree that we may also remove your Information from POS device data and aggregate it with other anonymous data, pool and/or combine aggregated data with other information.
5.Sharing of Information
6.Tracking Options and California Do Not Track Disclosures
We may disclose your Information if we believe, in our reasonable discretion, that such disclosure is legally required by any Court, authority or governing body with competent jurisdiction.
We prohibit the use of our POPID Gateway by children under the age of 13 years. If we become aware of such use, then we will immediately delete the Account and Information of the child.
You acknowledge that we may review, scan and analyze your communications on the POPID Gateway for the purpose of improving thePOPID Gateway, regulatory compliance, investigation, product development, research and for customer service purposes. We will not sell our reviews or analysis of these communications.
We are continuously implementing and updating administrative, technical, and physical security measures to help protect your information against unauthorized access, loss, destruction, or alteration. Some of the safeguards we use to protect your information are firewalls and data encryption, and information access controls. If you know or have reason to believe that your Information has been lost, stolen, or otherwise compromised, then you should immediately contact us at firstname.lastname@example.org
California Law permits California residents to request and obtain from us, once a year, free of charge, a list of the third parties to whom we have disclosed your Information to for any direct marketing purpose in the previous calendar year. You can may make such a request by emailing us at email@example.com
16.Arbitration.Notwithstanding clause 17, any dispute, claim or controversy arising out of or relating to these Term or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms to arbitrate, shall be determined by arbitration in Los Angeles, California before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
18.No Class Actions
You agree that any Claim brought pursuant to clauses 16or 17must be on an individual basis and you expressly agree and waive any right to a class, consolidated or representative Claim. If a Claim proceeds in a Court pursuant to clause17., you further waive any right to a jury trial.