Privacy
Notice
EFFECTIVE
DATE: July 1, 2022
This
“Privacy Notice” describes the practices of Adoluna Corporation and
its subsidiaries and affiliates (collectively, “Adoluna”, “we”,
“us”, or “our”) and the rights and choices available to individuals,
regarding personal data. Personal data means any information that
relates to an identifiable individual.
Adoluna
may provide additional or supplemental privacy notices to
individuals at the time we collect their data, which will govern how
we may process the information provided at that time. We may alter
this Privacy Statement as needed to abide by local laws or
regulations around the world, such as by providing supplemental
information in certain countries. This Privacy Notice does not apply
to Adoluna’s processing of the personal
data of its personnel, such as employees and contractors.
Table
of Contents
1.
The personal data we collect
We
collect personal data about individuals from various sources
described below. Where applicable, we indicate whether and why
individuals must provide us with personal data, as well as the
consequences of failing to do so.
A.
Information that we collect when a merchant’s customer interacts
with a Adoluna POS
(i)
Information that we collect when individuals make a payment
When
you make a payment at a merchant using a Adoluna Point of Sale
system (“Adoluna POS”), we collect information about the
transaction, which may include personal data. Information about
transactions includes the payment card used, name associated with
the payment card, electronic signature, name and location of the
merchant at which the transaction occurred, date and time of the
transaction, transaction amount, and information about the goods or
services purchased in the transaction.
(ii)
Additional information merchants’ customers may provide through
the Adoluna POS
We
may collect additional information, depending on how a merchant
configures its Adoluna POS. This information may include:
B.
Information that we collect from merchants about their customers
Our
merchants may provide us with information about their customers.
This information may include uploaded email addresses, phone
numbers, and purchase history, for instance when we manage
promotions or marketing communications or perform other services on
behalf of a merchant.
C.
Information that we collect about merchants and their personnel
We
may collect personal data directly from merchants (including
prospective customers) about themselves and their personnel. We may
collect information from these parties in a variety of contexts,
such as when completing one of our online forms, making an
application for one of our products or services, interacting with us
on social media, or corresponding with us. The types of information
we obtain in these contexts include:
D.
Information collected via third-party applications
A
merchant may choose to install third-party applications on its
Adoluna POS, much like an individual can install applications on
their mobile phone or tablet device. Adoluna may receive personal
data about merchants, merchant’s customers, or merchant’s personnel
as a result of the merchant’s use of the third-party application,
such as when the application enhances or performs services related
to the personal data and returns information to the merchant’s
account. We are not responsible for the privacy practices of
third-party applications that are run on the Adoluna POS or the
scope or quality of the data that such an application transmits to
us; however, we will treat the data we receive from the third-party
application in accordance with this Privacy Policy.
E.
Information that we collect about job applicants to Adoluna
We
collect information about job applicants, such as name and contact
information, professional credentials and skills, educational and
work history, and other information of the type included on a resume
or curriculum vitae. We may collect this information when an
individual provides it to us directly or when another party, such as
a recruiter, provides it.
F.
Information that we collect from private and publicly accessible
sources
We
and our service providers may collect information about individuals
that is publicly available, including by searching publicly
accessible government lists of restricted or sanctioned persons
(such as the Specially Designated Nationals and Blocked Persons
List), public records databases (such as company registries and
regulatory filings), and by searching media and the internet. We and
or our third party verification providers
may also collect information from private or commercially available
sources, such as by requesting reports or information from credit
reference and fraud prevention agencies, to the extent permitted
under applicable law.
We
may also maintain pages for our company and our products and
services on a variety of third-party platforms, such as LinkedIn,
Facebook, Twitter, Google+, YouTube, Instagram, and other social
networking services. When individuals interact with our pages on
those third-party platforms, the third-party’s privacy policy will
govern your interactions on the relevant platform. If the
third-party platform provides us with information about our pages on
those platforms or your interactions with them, we will treat that
information in accordance with this Privacy Notice.
G.
Information collected via automated means
When
you access our websites or use our mobile applications, we, our
service providers, and our partners may automatically collect
information about you, your computer or mobile device, and activity
on our websites or mobile applications. Typically, this information
includes your computer or mobile device operating system type and
version number, manufacturer and model, device identifier (such as
the Google Advertising ID or Apple ID for Advertising), browser
type, screen resolution, IP address, the website you visited before
browsing to our website, general location information such as city,
state or geographic area; and information about your use of and
actions on or in our websites or mobile applications, such as pages
or screens you accessed, how long you spent on a page or screen,
navigation paths between pages or screens, information about your
activity on a page or screen, access times, and length of access.
Certain products or services that we provide or which merchants may
incorporate into their websites or mobile applications may
automatically collect additional information, as may be further
described in a separate privacy notice.
Our
service providers and business partners may collect this type of
information over time and across third-party websites. This
information is collected via various mechanisms, such as via
cookies, web beacons, embedded scripts, through our mobile
applications, and similar technologies. This type of information may
also be collected when you read our HTML-enabled emails. You can
choose to disable cookies or to opt out of the use of your browsing
behaviour for purposes of targeted
advertising. For opt out instructions, please review the “Targeted
online advertising” portion of the “Your Choices” section of this
Privacy Notice.
H.
Sensitive personal data
In
limited circumstances and when permitted by law, we may collect a
merchant’s and/or their employee’s biometric data to confirm a
merchant’s and/or their employee’s identity, such as when they
authenticate a payment or sign into their Adoluna device using their
fingerprint. In some circumstances, we may collect information that
may reveal health or medical information, such as when we process
transactions at health or medical facilities or pharmacies. In the
context of processing employment applications, we may also request
sensitive information, such as racial or ethnic origin, where
required or permitted by law of the country in which you are
applying for employment.
Outside
of these contexts or otherwise as we specifically request, we ask
that you not provide us with any sensitive personal data (meaning
information revealing racial or ethnic origin, political opinions,
religion or philosophical beliefs, trade union membership, genetic,
health, or biometric information, information about sex life or
sexual orientation, or criminal convictions or offenses) through our
websites or mobile applications, or otherwise to us.
2.
How we use your personal data
We
use your personal data for the purposes of:
A.
Providing our products and services, which includes:
B.
For research and development
We
use the information we collect for our own research and development
purposes, which include:
C.
Marketing
We
may use your personal data to form a view on what products or
services we think you may want or need, or what may be of interest
to you.
We
may present opportunities when you use a Adoluna POS to provide your
personal data to Adoluna and merchants to facilitate marketing
communications between you and the merchant, and we will send such
marketing communication if you agree to receive them.
We
may contact merchants and merchant’s personnel with marketing
communications using the personal data that the merchant provided to
us if the merchant actively expresses interest in making a purchase
of Adoluna products or services or have made a purchase from us and,
in any case, have not opted out of receiving that marketing, to the
extent permitted by applicable law.
Where
required by law, we will get your express opt-in consent before we
share your personal data with any other company.
You
can ask us to stop sending you marketing messages at any time by
contacting us using the details at Contact us section
or clicking on the opt-out link included in each marketing message.
Should
you choose to opt out of receiving our marketing messages, we will
continue to carry out our other relevant activities using your
personal data, including sending non-marketing messages.
D.
Managing our recruiting and processing employment applications
We
process personal data, such as information submitted to us in a job
application, to facilitate our recruitment activities and process
employment applications, such as evaluating a job candidate for an
employment activity, and monitoring recruitment statistics.
E.
Complying with law
We
use your personal data as we believe necessary or appropriate to
comply with applicable laws, lawful requests and legal processes,
such as to respond to subpoenas or requests from government
authorities.
F.
Compliance, fraud prevention and safety
We
use your personal data as we believe necessary or appropriate to (a)
enforce the terms and conditions that govern our products and
services; (b) protect our rights, privacy, safety or property,
and/or that of you or others; and (c) protect, investigate and deter
against fraudulent, harmful, unauthorized, unethical or illegal
activity.
G.
With your consent
In
some jurisdictions, applicable law may require us to request your
consent to use your personal data in certain contexts, such as when
we use certain cookies or similar technologies or would like to send
you certain marketing messages. If we request your consent to use
your personal data, you have the right to withdraw your consent any
time in the manner indicated when we requested the consent or by
contacting us. If you have consented to receive marketing
communications from our third party
partners, you may withdraw your consent by contacting those partners
directly.
H.
To create anonymous data
We
may create anonymous data from your personal data and from other
individuals whose personal data we collect. We make personal data
into anonymous data by excluding information that makes the data
personally identifiable to you, and use that anonymous data for our
lawful business purposes.
3.
The parties with whom we share your personal data
A.
Service providers
We
may employ third party companies and individuals to administer and
provide services on our behalf (such as companies that provide
customer support, companies that we engage to host, manage,
maintain, and develop our website, mobile applications, and IT
systems, and companies that help us process payments). These third
parties may use your information only as directed by Adoluna in a
manner consistent with this Privacy Notice and are prohibited from
using or disclosing your information for any other purpose.
B.
Third-party applications that run on the Adoluna POS
Third-party
applications that a merchant has installed on a Adoluna POS may be
capable of providing instructions to Adoluna to engage in a transfer
of personal data, similar to how a merchant could provide such
directions. For example, an application may direct Adoluna to export
data or reports to a third-party cloud storage system. Merchants are
responsible for their use of third-party applications, the
directions that the application provides to Adoluna,
and Adoluna’s reliance on those
directions. Adoluna is not responsible for the privacy policy or
practices of any third-party application.
C.
Merchants
When
Adoluna performs services for merchants, it may share personal data
with those merchants. For example, Adoluna may collect information
about a merchant’s customers from or on behalf of the merchant, such
as when Adoluna processes payment transactions, and Adoluna may
provide personal data about those customers back to the merchant. We
are not responsible for the privacy practices of merchants who use
our services.
D.
Participants in the transaction processing chain
Adoluna
shares personal data with companies in the transaction processing
chain in connection with processing a payment transaction, such as
merchants, banks or other card issuers, card associations, debit
network operators and their members.
E.
Credit reference, fraud protection, risk management, and identity
and verification agencies
Adoluna
shares personal data with credit reference, fraud protection, risk
management, and identity verification agencies to help guard
against, detect, and respond to fraud or money laundering, and/or
manage our or merchants’ risk, and ensure we comply with
contractual, legal, or regulatory requirements.
F.
Professional advisors
We
may disclose your personal data to professional advisors, such as
lawyers, bankers, auditors and insurers, where necessary in the
course of the professional services that they render to us.
G.
To comply with laws and law enforcement; protection and safety
Adoluna
may disclose information about you to government or law enforcement
officials (including tax authorities) or private parties as required
by law, and disclose and use such information as we believe
necessary or appropriate to:
(i)
Comply with applicable laws, lawful requests, and legal processes,
such as to respond to subpoenas or requests from government
authorities;
(ii)
Enforce the terms and conditions that govern our products and
services;
(iii)
Protect our rights, privacy, safety or property, and/or that of you
or others; and
(iv)
Protect, investigate and deter against fraudulent, harmful,
unauthorized, unethical or illegal activity.
H.
Business transfers
Adoluna
may sell or transfer some or all of its business or assets,
including your personal data, in connection with a business
transaction (or potential business transaction) such as a merger,
consolidation, acquisition, reorganization or sale of assets or in
the event of bankruptcy, in which case we will make reasonable
efforts to require the recipient to honor this Privacy Notice.
I.
To other parties with your permission or to fulfill a contract
they have with you
Adoluna
may transfer your personal data to any third party who is not
otherwise covered by the other listed categories above where you
have given us permission to do so, or with whom you have entered
into a contract when we need to transfer your personal data to that
party in order to fulfil that contract.
4.
Your rights and choices
In
this section, we describe the rights and choices available to all
users.
A.
Marketing communications
You
can ask us to stop sending you marketing messages at any time by
contacting us or clicking on the opt-out link included in each
marketing message. You may continue to receive service-related and
other non-marketing messages. You may unsubscribe from a specific
merchants’ communications sent to you via Adoluna’s
technology by clicking “Unfollow” (or a similarly-titled opt-out
link).
B.
Targeted online advertising
Some
of the business partners that collect information about users’
activities on our websites or in our mobile applications may be
members of organizations or programs that provide choices to
individuals regarding the use of their browsing behavior or mobile
application usage for purposes of targeted advertising. Users may
opt out of receiving targeted advertising on websites.
Users
of mobile applications may opt out of receiving targeted advertising
in mobile applications. In addition, your mobile device settings may
provide functionality to limit our, or our partners’, ability to
engage in ad tracking or targeted advertising using the Google
Advertising ID or Apple ID for Advertising associated with your
mobile device.
Please
note that we also may work with companies that offer their own
opt-out mechanisms.
If
you choose to opt-out of targeted advertisements, you will still see
advertisements online but they may not be
relevant to you.
C.
Do Not Track Signals
Some
Internet browsers may be configured to send "Do Not Track"
signals to the online services that you visit. We currently do not
respond to do not track signals. To find out more about "Do Not
Track," please visit http://www.allaboutdnt.com.
D.
Choosing not to provide your personal data
Where
we request personal data directly from you, you do not have to
provide it to us. If you decide not to provide the requested
information, in some circumstances we, or merchants who use Adoluna,
may be unable to provide products or services to you. For example,
we may be unable to process your transaction.
E.
Accessing, modifying or deleting your information
In
some jurisdictions, applicable law may provide a right for
individuals to access, modify, or delete their personal data. You
may contact us directly to request access to, or modification or
deletion of, your information. We may not be able to provide access
to, or modify or delete, your information in all circumstances.
F.
Complaints
If
you have a complaint about our handling of your personal data, you
may contact our data protection officer using the contact
information below. We request that a complaint be made in writing.
Please provide details about your concern or complaint so that our
data protection officer can investigate it. We will take appropriate
action in response to your complaint, which may include conducting
internal discussions with relevant business representatives. We may
contact you for additional details or clarification about your
concern or complaint. We will contact you to inform you of our
response to your complaint. You also may have a right to file a
complaint with a national or local regulatory agency.
5.
International transfers
Adoluna
is headquartered in the United States, and it maintains offices and
has service providers in other countries. Your personal data may be
transferred to the United States or other locations outside of your
state, province, country or other governmental jurisdiction where we
or our service providers maintain offices and where privacy laws may
not be as protective as those in your jurisdiction. If we make such
a transfer, we will require that the recipients of your personal
data provide data security and protection in accordance with
applicable law.
6.
How we keep your data safe
We
have put in place appropriate security measures to prevent your
personal data from being accidentally lost, used or accessed in an
unauthorized way, altered or disclosed. In addition, we limit access
to your personal data to those employees, agents, contractors and
other third parties who have a business need to know. They will only
process your personal data on our instructions and they are subject
to a duty of confidentiality.
We
maintain annual compliance with global Payment Card Industry Data
Security Standard (PCI DSS) adopted by the payment card brands for
all companies that process, store or transmit cardholder data.
We
have put in place procedures to deal with any suspected personal
data breach and will notify you and any applicable regulator of a
breach where we are legally required to do so.
7.
Links to other websites
We
may link to third-party websites, mobile applications, and other
content. Adoluna is not responsible for the privacy practices of any
third party, and this privacy notice does not apply to such third
party’s websites, mobile applications, or other content. Adoluna
does not guarantee, approve, or endorse any information, material,
services, or products contained on or available through any linked
third-party website, mobile application, or other content. Adoluna
is not responsible for any content on third-party properties to
which we link. Adoluna provides links to third-party properties or
content as a convenience, and visiting or using linked third-party
properties or content is at your own risk.
8.
Changes to this Privacy Notice
We
reserve the right to modify this Privacy Notice at any time. We
encourage you to periodically review this page for the latest
information on our privacy practices. If we make material changes to
this Privacy Notice, we will notify you by updating the date of this
Privacy Notice and posting it on our website and in app stores where
our mobile applications covered by this Privacy Notice are available
for download. We may (and, where required by law, will) also provide
notification of changes in another way that we believe is reasonably
likely to reach you, such as via e-mail (if you have an account
where we have your contact information) or another manner through
our website or mobile applications.
Any
modifications to this Privacy Notice will be effective upon our
posting of the new terms and/or upon implementation of the new
changes (or as otherwise indicated at the time of posting). In all
cases, your continued use of our products or services after the
posting of any modified Privacy Notice indicates your acceptance of
the terms of the modified Privacy Notice.
9.
Contact us
If
you have any questions, concerns, or complaints about this Privacy
Notice or our privacy practices, or to request access to your
personal data, you may contact our Data Protection Officer at support@adoluna.com.
We
also maintain a Data Privacy Hotline, which is available 24 hours
per day from the United States, at +1(866) 588-8868. The
Hotline is the most appropriate contact for an urgent concern, such
as to report a suspected data breach regarding your personal data;
or, if you are a merchant, data of your customers.
For
questions about your credit or debit card or your purchase, please
contact the financial institution that issued your card or the
merchant.
10.
Information for California Residents
The
information provided in this “Information for California Residents”
section only applies to California residents. This notice describes
how we collect, use and share your Personal Information (as
defined in the California Consumer Privacy Act of 2018, or “CCPA”),
and your rights with respect to that Personal Information.
Your
California privacy rights
As
a California resident, you have the rights listed below. However,
these rights are not absolute, and we may decline your request as
permitted by the CCPA.
•
Information. You
can request the following information about how we have collected
and used your Personal Information during the past 12 months:
•
Access. You
can request a copy of the Personal Information that we maintain
about you.
•
Deletion. You
can ask us to delete the Personal Information that we maintain about
you.
•
Nondiscrimination. You
are entitled to exercise the rights described above free from
discrimination. This means that we will not penalize you for
exercising your rights by taking actions such as by denying you
goods or services, increasing the price/rate of goods or services,
decreasing the service quality, or suggesting that we may penalize
you as described above for exercising your rights. However, the CCPA
allows us to charge you a different price or provide a different
service quality if that difference is reasonably related to the
value of the Personal Information we are
unable to use.
How
to exercise your rights
You
may exercise your California privacy rights as follows:
Right
to information, access and deletion
You
can request to exercise your information, access and deletion rights
in the following ways:
Sale
of Personal Information
We
do not sell, as defined under CCPA, your Personal Information to
third parties.
Personal
information that we collect, use and share
The
chart below summarizes our collection, use and sharing of Personal
Information during the last 12 months before the effective date of
this Privacy Policy. We describe the sources through which we
collect your Personal Information in section above titled The
Personal Data We Collect, and describe the purposes for which we
collect, use, sell and share this information in section above
titled How We Use Your Personal Data and The
Parties With Whom We Share Your Personal
Data
.
|
Category
(click to link to glossary definition) |
Do
we collect this information? |
Do
we share this information for business purposes? |
|
Identifiers |
Yes |
Yes |
|
Online
Identifiers |
Yes |
Yes |
|
Protected
Classification Characteristics |
Age
possible, if provided by merchant |
No |
|
Commercial
Information |
Yes |
Yes |
|
Biometric
Information |
Yes |
No |
|
Internet
or Network Information |
Yes |
Yes |
|
Geolocation
Data |
Yes,
possible |
Yes,
possible |
|
Sensory
Information |
No |
No |
|
Professional
or Employment Information |
No |
No |
|
Education
Information |
No |
No |
|
Inferences |
No |
No |
|
Financial
Information |
Yes |
Yes |
|
Medical
Information |
No |
No |
Glossary
|
Categories
of Personal Information |
Date
Elements within the Category |
|
Biometric
Information |
An
individual’s physiological, biological or behavioral
characteristics, including DNA, that can be used, singly or in
combination with each other or with other identifying data, to
establish an individual’s identity. Biometric information
includes, but is not limited to, imagery of the iris, retina,
fingerprint, face, hand, palm, vein patterns, and voice
recordings, from which an identifier template, such as a face
print, a minutiae template, or a voiceprint, can be extracted,
and keystroke patterns or rhythms, gait patterns or rhythms, and
sleep, health, or exercise data that contain identifying
information. |
|
Transaction
History |
Products
or services purchased, obtained, or considered, or other
purchasing or consuming histories or tendencies. |
|
Financial
Information |
Bank
account number, debit or credit card numbers, insurance policy
number, and other financial information. |
|
Geolocation
Data |
Precise
location, e.g., derived from GPS coordinates or telemetry data. |
|
Identifiers |
Real
name, alias, postal address, unique personal identifier, customer
number, email address, account name other similar identifiers. |
|
Government-issued
ID |
Social
security number, driver’s license, passport, or other
government-issued ID, including an ID number or image. |
|
Medical
Information |
Personal
information about an individual’s health or healthcare, including
health insurance information. |
|
Internet
or Network Information |
Browsing
history, search history, and information regarding a consumer’s
interaction with an Internet website, application, or
advertisement. |
|
Online
Identifiers |
An
online identifier or other persistent identifier that can be used
to recognize a person, family or device, over time and across
different services, including but not limited to, a device
identifier; an Internet Protocol address; cookies, beacons, pixel
tags, mobile ad identifiers, or similar technology; customer
number, unique pseudonym, or user alias; telephone numbers, or
other forms of persistent or probabilistic identifiers (i.e., the
identification of a person or a device to a degree of certainty
of more probable than not) that can be used to identify a
particular person or device. |
|
Physical
Description |
An
individual’s physical characteristics or description (e.g., hair
color, eye color, height, weight). |
|
Professional
or Employment Information |
Information
relating to a person's current, past or prospective employment or
professional experience (e.g., job history, performance
evaluations), and educational background. |
|
Protected
Classification Characteristics |
Age
(40 years or older), race, color, ancestry, national origin,
citizenship, religion or creed, marital status, medical
condition, physical or mental disability, sex (including gender,
gender identity, gender expression, pregnancy or childbirth and
related medical conditions), sexual orientation, veteran or
military status, genetic information (including familial genetic
information). |
|
Sensory
Information |
Audio,
electronic, visual, thermal, olfactory, or similar information. |
United
States (English)