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Your searches. Your data. Your rewards.
WebshopR SAS., operating under the trade name WebshopR (“WebshopR”, “us”, “our”, or “we”), a company established in France, has developed a solution that allows merchants (“Merchants”) to collect payments from their customers using their personal mobile devices through NFC technology (“Solution”), which is made available to you through our mobile application (“App”). These Terms of Use (“Terms”) govern your access to and use of the App and the services available on it (“Services”). Our Privacy Policy, available in the App (“Privacy Policy”), and the DPA (defined below) govern our collection, processing, and transfer of Personal Data (as defined in the Privacy Policy). “You” refers to a Merchant using the Services, either as an individual Merchant or as a user on behalf of a company that is a Merchant.
Please read these Terms carefully. By clicking on the “I agree” button, you agree to these Terms. We may modify these Terms from time to time, and by continuing to use the Services after changes, you agree to the revised Terms. If you do not agree with these Terms, do not click the “I agree” button and do not use the Services.
If you are registering on behalf of a Merchant that is a company, you represent that you are authorized to enter into these Terms and to bind the Merchant to them and to register for the Services.
1. Use of Services
1.1. Subject to these Terms, WebshopR grants you non-exclusive access to and use of the App and Services for the internal business purposes of the Merchant.
1.2. The App allows you to accept contactless payments on your mobile device. You can create an inventory by entering details of the products and/or services the Merchant offers, including descriptions and/or photos of each item or service. When charging customers, you can select the relevant product and/or service from the stored inventory and choose an amount. The customer’s card or phone can be tapped to complete the transaction. Once a transaction is completed, you can add a description of the transaction for your records.
1.3. It is solely your responsibility to provide your customers with receipts for their transactions in accordance with applicable law. Receipts can be generated via the Solution. WebshopR disclaims all liability regarding the provision of receipts to your customers. To the extent possible, any logo or content added by you to the receipt is considered User Content (as defined below).
1.4. WebshopR uses a third-party payment processor to process your transactions. You are subject to the terms governing the use of that third party’s service and the practices of that third party regarding the collection of personal data.
1.5. The Solution produces analytics about sales through the App, which are bundled into reports. The reports contain aggregated statistics about sales, as well as analyses and insights based on the collected data. Reports can be exported at will. You hereby grant WebshopR an unlimited license to use the data we collect about your business to generate these reports. WebshopR makes no warranties regarding the analytics and/or insights in the reports and expressly disclaims all liability associated with the content or use thereof, including but not limited to that they will be of quality, accurate, or fit for a particular purpose.
1.6. Use of and access to the Services is invalid where prohibited by law. You represent and warrant that (a) all registration information you provide is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are at least 18 years old and able to form a binding contract; (d) your use of the Services does not violate any applicable laws or obligations you have to third parties; and (e) you will comply with all applicable laws and regulations and these Terms during your use of the Services. You are solely responsible for ensuring these Terms comply with all laws, rules, and regulations applicable to you and the Merchant. The right to access the Services is revoked where these Terms or the use of the Services are prohibited. The Services are not intended for use by persons under the age of sixteen (16). As such, you may not allow employees or other users under the age of sixteen (16) to use the Services.
1.7. You further represent and warrant that (a) when we process Personal Data of your customers on your behalf to deliver the Services, you are considered the Data Controller (as defined in the GDPR) and you are responsible for complying with your obligations as Data Controller under applicable law, including the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (“GDPR”) and we act solely as Data Processor (as defined in the GDPR) on your behalf, all in accordance with the Data Processing Agreement (“DPA”), available via the button at the bottom of the page in the app; (b) you are responsible for complying with your obligations as Data Controller under applicable law, including all applicable data protection laws and the GDPR; (c) you have and will maintain during the term of these Terms and the DPA all necessary rights and consents required under applicable law to provide Personal Data to WebshopR and enable it to provide its Services as Processor; (d) you will ensure that a record of such consents is maintained as required under applicable law; and (e) you will not provide WebshopR with Special Categories of Data (as defined in the GDPR) and/or data or information subject to special regulatory or legal protection schemes (including but not limited to data concerning children and health data).
2. Account Registration
2.1. To register as the “Owner” of a Merchant account and use the Services, you must provide the following Personal Data: your full name, email address, phone number, date of birth, and registered address. You will also need to provide the following information about your business: business name, legal form, industry, business location, IBAN number, and ultimate beneficiaries. We must also authenticate and verify your identity. For this, we require a photo of your ID and a selfie.
2.2. In the event that you start the registration process but do not complete it, we may contact you to offer our assistance in completing the process.
2.3. The person who opens the Merchant account is considered the “Owner” of the account and has full access to all features of the Merchant account. An Owner can invite additional authorized users to the Merchant account via email, configure permissions for each individual authorized user account, and remove user accounts. Owners will also be able to view an overview of all transactions associated with the Merchant account and access and export reports. Each additional authorized user must complete the registration process, provide the requested information, and accept these Terms.
2.4. WebshopR may, at its discretion, refuse to open an account for an individual or entity and/or limit the number of users, owners, and/or employees that a Merchant can register.
2.5. You agree to notify us immediately of any unauthorized use of your account. You are solely responsible for the security of your computer system and/or mobile device and all activities on your account, even if those activities were not performed by you. To the extent permitted by applicable law, WebshopR is not liable for losses or damages resulting from unauthorized use of your account. We do not monitor and cannot guarantee that we will learn of or prevent improper use of the Services.
3. Termination of Account
3.1. You may request termination of your account at any time by contacting our customer service. After such a request, we will close your account as soon as reasonably possible. Suspension or termination of your account does not affect your obligations under these Terms (including but not limited to ownership, indemnification, your representations and warranties, limitation of liability, and payment obligations), which are intended by their meaning and context to survive such suspension or termination.
3.2. WebshopR may suspend or terminate your account at any time by giving three (3) days' notice. Furthermore, WebshopR may immediately suspend or terminate your account and take any other corrective action it deems appropriate upon the occurrence of any of the following events: (i) breach of the letter or spirit of these Terms, (ii) conduct that is fraudulent, intimidating, abusive, illegal, or harmful to other users, third parties, or WebshopR's business interests; or (iii) failure to pay in accordance with the terms specified herein. If your account is terminated, you may not rejoin WebshopR without permission. WebshopR may modify or discontinue services for all users at any time. Upon termination of your account, you will no longer have access to data, reports, or other content available through your account.
3.3. We reserve the right to investigate suspected violations of these Terms or illegal and improper conduct through the Services. We will cooperate with all law enforcement agencies or court orders that require or request us to disclose the identity, conduct, or User Content (as defined below) of anyone believed to have violated these Terms or engaged in illegal conduct in connection with the Services.
4. Fees and Payment
In consideration of the services, WebshopR collects a certain percentage of each transaction you complete as a processing fee. You hereby authorize the collection of such amounts. Except as expressly provided in these Terms, fees are non-refundable.
5. Content
Certain types of content may be made available through the Solution. “Content” as used in these Terms means, collectively, all content on or made available through the Services, including all images, photos, pictures, reports, and any modifications or derivatives of the foregoing.
6. User Content
6.1. WebshopR allows you and other users to provide certain types of content through the Services, including images and details of products and services you offer, as well as details of transactions, and any modifications or derivatives of the foregoing (“User Content”).
6.2. User Content originates from various sources. You understand that WebshopR is not responsible for the accuracy, usefulness, safety, suitability, or infringement of intellectual property rights of or related to the User Content. Although users must agree to these Terms, it is possible that other users (including unauthorized users) may post or transmit offensive or obscene material and that you may be involuntarily exposed to such material. You hereby waive all legal or equitable rights or remedies you have or may have regarding this.
6.3. WEBSHOPR DOES NOT ENDORSE ANY CONTENT OR USER CONTENT AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXPRESSLY DISCLAIMS ALL LIABILITY IN CONNECTION WITH CONTENT OR USER CONTENT, INCLUDING ANY PROBLEMS ARISING FROM ERRORS IN USER CONTENT PROVIDED FOR INVENTORY. WEBSHOPR DISCLAIMS ALL LIABILITY FOR ACTIONS OR OMISSIONS OF USERS (INCLUDING UNAUTHORIZED USERS) THAT ARE NOT SOLELY DUE TO GROSS NEGLIGENCE OR WILLFUL MISCONDUCT BY WEBSHOPR, WHETHER SUCH ACTIONS OR OMISSIONS OCCUR DURING USE OF THE SERVICES OR OTHERWISE.
7. Restrictions on User Content
7.1. WebshopR is not obligated to accept, display, or maintain User Content. Additionally, WebshopR reserves the right to remove and permanently delete any User Content uploaded by you without prior notice if such User Content is suspected to be infringing, in violation of these Terms, or upon termination of the applicable account. You are and remain fully and solely responsible for all User Content you provide. You represent and warrant that all User Content you provide complies with applicable law and that you have all necessary rights, licenses, consents, and authorities to provide such User Content.
7.2. Without limiting the foregoing, you agree that you will not submit, upload, or act in any way that: (i) violates the legal rights of others; (ii) infringes the intellectual property, moral, publicity, privacy, or other rights of third parties; (iii) promotes illegal, counterfeit, fraudulent, piracy, unauthorized, or violent activities (or which you reasonably believe or should believe to be the case); (iv) does not comply with all applicable laws, rules, and regulations; (v) contains material that we deem offensive, including material that promotes hate, violence, or discrimination; (vi) is intimidating or threatening; (vii) contains obscene material; and/or (viii) contains a virus, worm, Trojan horse, or other harmful or disruptive components.
7.3. WebshopR may, at its discretion, choose to monitor User Content for inappropriate or illegal conduct, including by automatic means, provided however that WebshopR reserves the right to treat User Content as content stored at the direction of users for which WebshopR does not exercise editorial control, except where violations are brought directly to WebshopR’s attention.
7.4. It is possible that others may obtain Personal Data about you as a result of your use of the Solution or App, such as Owners or other users linked to the Merchant account. We are not responsible for the use of Personal Data that you disclose on the Solution or through User Content by any user or third party. By making information available through the Solution or App, you acknowledge that you understand and agree to such risks.
8. Use Restrictions
8.1. You may not use the Solution, App, or Services in connection with illegal transactions or transactions involving materials that we have determined are restricted or prohibited, including regulated products such as alcohol, drugs, adult material, prescription drugs, tobacco, or weapons, or that are otherwise prohibited by the applicable credit card provider. We reserve the right, at our discretion, to refuse to provide the Service in connection with a specific transaction.
8.2. You may not do or attempt to do or assist any third party in doing any of the following: (1) decipher, decompile, disassemble or reverse engineer the software and/or code, if and to the extent applicable, used to provide the Solution, App, or Services without our prior written consent, including framing or mirroring any part of the Solution, App, or Services; (2) circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict the use or copying of User Content or other content available through the Solution, App, or Services; (3) use the Solution, App, or Services or its content in connection with personal or commercial endeavors in any way except for the purposes specifically outlined in these Terms; (4) use a robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data mine, or in any way reproduce or circumvent the navigation structure or presentation of the Solution, App, or Services; (5) access or use another user's account without permission; (6) use the Solution, App, or Services or its content in any way that is not permitted by these Terms or applicable law, including all applicable export laws and regulations to (re)export the Services and/or any related materials in violation of such laws.
9. Intellectual Property
9.1. WebshopR or its licensors, as applicable, own all rights, titles, and interests in the Solution, App, Services, and all content thereof (excluding User Content), including the overall look and feel, text, images, graphic design, videos, demos, interfaces, and underlying source files, and all worldwide intellectual property rights, trademarks, service marks, and logos therein, whether or not registered. Unless expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, download, post, broadcast, transmit, or otherwise use the content of the Solution, App, or Services for any purpose. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices in the Solution, App, and/or Services. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms shall be construed as granting any right to use any trademark, service mark, logo, or trade name of WebshopR or any third party. If you provide WebshopR with feedback regarding the Solution, App, and/or Services, WebshopR may use such feedback without restriction and is not subject to any non-disclosure or non-use obligations with respect to such feedback.
9.2. You own all rights, titles, and interests in the data we collect about you, the Merchant, and your customers, as well as any User Content you provide. By using the Services or submitting or providing User Content, you grant WebshopR the right to use, copy, prepare derivative works from, and/or modify: (i) the data we collect about you and your customers and (ii) any User Content you provide on, through, or in connection with the Solution or App.
10. Disclaimers and Warranties Disclaimer
10.1. All information and Content on the Solution or App is for informational purposes only, and WebshopR makes no warranties regarding it. Your use of the Solution, App, and/or Services is at your sole discretion and risk. The Services and Content thereon are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind. We make no representations or warranties that the Services will be of good quality or useful for your needs.
10.2. All communication between you and your customers, all offers made by you, transactions conducted with customers, and all legal, financial, or other consequences arising therefrom and/or any dispute arising between you and customers are strictly between you and the customer, and WebshopR shall not be a party. WebshopR takes no responsibility for your failure to provide customers with goods or services or any other legal consequences arising from your relationship with customers.
10.3. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SOLUTION, APP, AND/OR SERVICES OR ANY CONTENT THEREOF, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING, OR PERFORMANCE. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, OR PERFORMANCE OF THE SOLUTION, APP, AND/OR SERVICES; (II) THAT THE SOLUTION, APP, AND/OR SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; (III) REGARDING THE ACCURACY, QUALITY, MERCHANTABILITY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION PROVIDED.
10.4. No advice or information, whether oral or written, obtained by you from us creates any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some jurisdictions do not allow the exclusion of certain warranties. Consequently, some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
10.5. You acknowledge and agree that WebshopR is not a data retention service. Therefore, you must back up your data, and WebshopR is not responsible or liable for loss, damage, or corruption of such data.
11. Limitation of Liability
11.1. Without limiting the foregoing, we are not responsible for errors, interruptions, defects, or delays in operation or transmission, communication line failures, theft or destruction, or unauthorized access to or alteration of materials or Services. We are not responsible for problems or technical malfunctions of telephone networks or lines, computer systems or equipment, servers, software, failures due to technical problems or traffic congestion on the internet or Services. We are not responsible for loss or damage, including personal injury or death, resulting from the conduct of users of the Services. Moreover, we do not accept responsibility for any incorrect data, including Personal Data provided by you or on your behalf, and you represent and warrant that you are solely responsible for all data provided to WebshopR, including any incorrect data, and you accept all liability for the consequences of providing such incorrect data to us.
11.2. IN NO EVENT SHALL WEBSHOPR, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, ASSIGNS, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR USEFULNESS OF THE INFORMATION PROVIDED, WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WEBSHOPR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND IN NO EVENT SHALL OUR MAXIMUM CUMULATIVE LIABILITY TO YOU EXCEED THE AMOUNT OF FEES RECEIVED BY US IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE APPLICABLE CLAIM OR CAUSE OF ACTION AROSE, IF APPLICABLE. IF NO FEES HAVE BEEN PAID TO WEBSHOPR FOR THE USE OF THE SERVICES, THEN WEBSHOPR SHALL HAVE NO LIABILITY WHATSOEVER TO YOU.
12. Indemnification
You agree to indemnify, defend, and hold harmless WebshopR, its affiliates, and their respective employees, directors, officers, subcontractors, and agents from and against any claims, damages, costs, losses, liabilities, or expenses (including reasonable court costs, attorneys' fees, and any administrative and/or criminal fines) that arise directly or indirectly from: (a) your violation of these Terms by you or anyone using your account and/or computer and/or mobile device, password (whether authorized or not); (b) any claim, loss, or damage resulting from your use or attempt to use (or inability to use) the Solution, App, and/or Services; (c) your violation of any law or regulation or any of your obligations, representations, or warranties herein, including but not limited to violations of any privacy and/or data protection laws and regulations to which you are subject; (d) your infringement of any third party’s right; (e) any claims by your customers regarding goods and services provided by you or intended to be provided by you; and (f) any other matter for which you are responsible hereunder or under applicable law. You may not settle or compromise such a lawsuit without our prior written consent. We may, at our own expense, be represented by counsel of our choice in such a lawsuit.
13. Publicity
WebshopR may refer to the Merchant as its customer, including by displaying the Merchant’s name and logo on WebshopR’s website and other marketing materials.
14. Notices
All required notices under these Terms may be sent by registered mail or email (with electronic delivery confirmation) to the addresses of the parties listed herein or provided at the time of registration, as applicable, and such notice will be deemed received one (1) business day after delivery by courier, four (4) business days after delivery by registered mail, and one (1) business day after email transmission and written confirmation of receipt of such transmission.
15. Miscellaneous
These Terms are governed exclusively by French law, without regard to the United Nations Convention on Contracts for the International Sale of Goods, and the competent courts in France have exclusive jurisdiction over any disputes arising from these Terms. If any provision of these Terms is found to be unenforceable, such provision will be replaced with an enforceable provision that most closely approximates the effect of the original provision, and the remaining provisions of these Terms will remain in full force and effect. Nothing in these Terms creates an agency, employment, joint venture, or partnership relationship between you and WebshopR or authorizes you to act on behalf of WebshopR. Unless expressly stated in these Terms, these Terms constitute the entire agreement between us and you regarding the subject matter hereof, and all other agreements between us and you regarding this subject matter are hereby canceled. We may assign and/or transfer our rights and obligations hereunder to third parties without prior notice. You may not assign your rights or obligations hereunder, and any assignment in violation of the foregoing will be null and void. No waiver of any breach or default hereunder will be deemed a waiver of any prior or subsequent breach or default.
16. Comments and Questions
If you have any comments or questions about these Terms or wish to exercise any of your legal rights as set forth herein, you can contact us at support@webshopr.com.
17. Language
The English version of these Terms is binding. This French version is provided for your convenience and understanding only. Should any inconsistencies exist between this French version and the English version of these Terms, the English version will prevail.
At WebshopR S.A.S., operating under the trade name WebshopR (“WebshopR”, “us”, “we”, or “our”), we recognize and respect the importance of maintaining the privacy of our customers and their end-users. This Privacy Policy describes the types of information we collect from you when you use our App or the Services available on it (“App”). This Privacy Policy also explains how we process, transfer, store, and disclose the collected information, as well as your ability to control certain uses of the collected information. Unless otherwise defined herein, capitalized terms have the meaning given to them in the terms of use, available in the App (“Terms”). “You” means any adult user of the Services, including on behalf of a Merchant who is our customer.
If you are an individual established in the European Union (“EU Individual”), some additional terms and rights may apply to you, as described herein. WebshopR is the data controller with respect to the processing activities described in this Privacy Policy. Our registered office is located in Ventabren, 13122, France. When we process information in the context of providing Services to Merchants, including concerning each Merchant's customers, the applicable Merchant acts as the data controller with respect to the Personal Data of such customers, and WebshopR acts as a processor on its behalf.
“Personal Data” means any information that refers to, relates to, or is associated with an identified or identifiable natural person or as otherwise may be defined by applicable law. This Privacy Policy details what Personal Data is collected by us in connection with the provision of the Services.
Key points of the privacy policy
1. Personal data that we collect as a data controller. If you are a customer of one of our Merchants, we may process personal data about you, including the last four digits of your credit card, the type of credit card you use, the amount of your transaction, the time and date of your transaction, the location of your transaction, and we may include your data in aggregated analytical data that we provide to Merchants. When we do this, we act as a processor, and the relevant Merchant acts as a data controller. We process such customer data on behalf of the relevant Merchant and according to its instructions, and we may share this data with the relevant Merchant. For more information about our processing activities in this capacity or to exercise your privacy rights concerning these activities, you can contact the relevant Merchant directly.
2. Personal data that we collect, use, and the legal basis. Depending on your usage, we collect different types of data. We and our external subcontractors and service providers use the data we collect for various purposes, as specified below. You are not legally required to provide us with certain Personal Data, but if you refuse to provide such Personal Data, we may not be able to register you for the Solution and/or provide you with all or part of the Services.
2.1. Administrators – If you are an ‘Administrator’ account holder on the Solution, we collect the following Personal Data about you.
2.1.1. Registration data – When you register your business with our Solution, you must provide us with the following Personal Data: your name, email address or phone number (if requested), as well as your date of birth, registered address, type of business, business name, industry, business location, and IBAN number. We will also need to authenticate and verify your identity. For this, we require a photo of your photo ID as well as a selfie.
How we use this data: (1) To register you and provide you with the Services, including contacting you about the registration process and your use of the Services; (2) To comply with our KYC/KYB/AML obligations or other financial regulations; (3) To prevent fraud, protect the security of and address any issues with the Solution, including monitoring for the prevention of money laundering or terrorist financing; and (4) To provide you with informational newsletters and promotional material regarding our Services. For more information about our direct marketing activities and how you can control your preferences, please refer to the Direct Marketing section below.
Legal basis: (1) When we process this Personal Data for registration and to provide you with the Services, we do so in the context of performing a contract with you. (2) When we process this Personal Data to comply with our KYC/KYB obligations or financial regulations, we do so to comply with a legal obligation. (3) When we process this Personal Data to prevent fraud, protect the security of the Services, and/or address issues with the Services, we do so based on our legitimate interests in maintaining our Services in good working order and securely. (4) When we process this Personal Data to provide you with informational newsletters and promotional material regarding our Services, we do so based on our legitimate interests in promoting our Services.
2.1.2. Material you upload – When you upload inventory photos and add descriptions of inventory items in the Solution, we collect that information and link it to your account.
How we use this data: To provide you with the Services.
Legal basis: To perform a contract with you.
2.2. Users – If you have a ‘User’ account (as Administrator or Employee) on the Solution, we collect the following Personal Data about you.
2.2.1. Registration data – To create your user account, your account administrator will provide you with a link to invite you to create an account. To complete the registration process, we will ask you to provide us with your name, email address, and/or phone number, username, and password.
How we use this data: (1) To register you and provide you with the Services, including contacting you about the registration process and your use of the Services; and (2) To prevent fraud, protect the security of, and address any issues with the Solution.
Legal basis: (1) When we process this Personal Data for registration and to provide you with the Services, we do so in the context of performing a contract with you. (2) When we process this Personal Data to prevent fraud, protect the security of, and/or address issues with the Services, we do so based on our legitimate interests in maintaining our Services in good working order and securely.
2.2.2. Transaction data – When you make a transaction using the App, we collect data about the transaction you completed, including the transaction amount, sold inventory items, personalized tags, and the GPS location where the transaction occurred. We also collect your IP address and the type of device used to generate the transaction. For more information about the cookies and similar technologies we use and how you can adjust your preferences, please refer to the Cookies and Similar Technologies section below.
How we use this data: We compile this data into aggregated analyses that allow us to (1) evaluate the use and operation of the Solution, (2) compile aggregated reports for the relevant Merchant on their overall sales performance, including insights derived from the aggregated data, (3) improve our Services; and (4) develop new products or services. Subject to your consent, we collect your GPS location to prevent fraud, protect the security of our Services, and for risk prevention.
Legal basis: When we process this Personal Data to create reports for our Merchants, we do so to perform a contract for them. When we process this Personal Data for any other purposes mentioned above, we do so based on our legitimate interests in maintaining and improving our Services. We collect GPS location based on your consent.
2.2.3. Material you upload – When you provide notes or descriptions related to transactions you perform through the Solution, we collect that information.
How we use this data: To provide you with the Services.
Legal Basis: To perform a contract with you.
3. Additional uses.
3.1. Statistical information and analytics. We and/or our service providers use analytical tools, including Mixpanel and Firebase, to collect and analyze information about the use of the Services, such as how often users use the App, which pages they visit when using the App, and which other sites and mobile applications they used prior to visiting the App. By analyzing the information we receive, we can compile statistical information about a variety of platforms and users, which helps us improve our Services, understand customer trends and needs, and consider new products and services, and adapt existing products and services to customer needs. The information we collect is anonymous and aggregated, and we will not link it to Personal Data. We may share such anonymous information with our partners, without limitation, on commercial terms that we may determine at our discretion.
3.2. Direct marketing. As described above, if you are an Administrator, we may use Personal Data to inform you about our products and Services that we believe may be of interest to you. We may contact you by email, phone, or through other channels. In all cases, we will respect your preferences for how you wish us to manage marketing activities related to you. To protect your privacy rights and ensure that you have control over how we manage marketing with you:
3.2.1. We will take steps to limit direct marketing to a reasonable and proportionate level and only send you communications that we believe may be of interest or relevance to you.
3.2.2. You can ask us to stop sending you email marketing by following the Unsubscribe link found on all email marketing messages we send you. You can also contact us at support@webshopr.com.
4. Sharing of the personal data we collect. We share your information, including Personal Data, as follows:
4.1. Affiliates. We share information, including your Personal Data, with our affiliate, WebshopR SAS., when necessary to provide you with our products and Services and to manage our business.
4.2. Merchants. We share information, including your Personal Data, with the Merchant to which your account is linked, when necessary to provide you and the relevant Merchant with our products and Services.
4.3. Service providers and subcontractors. We disclose information, including Personal Data that we collect from and/or about you, to our trusted service providers and subcontractors, who have agreed to confidentiality restrictions and who use such information solely on our behalf to: (1) help us provide the Services to you; and (2) assist in understanding how users use our Services.
Such service providers and subcontractors provide us with services including data storage, payment processing, identity verification, data analysis, and administrative services.
4.4. Data controllers. When you use our Services, we also disclose your Personal Data to another third party, such as business partners, who act as independent, separate data controllers concerning the collection of your Personal Data.
4.5. Business transfers. Your Personal Data may be disclosed as part of or during negotiations of a merger, sale of company assets, or acquisition (including in the event of liquidation). In such a case, your Personal Data will remain subject to the provisions of this Privacy Policy.
4.6. Law enforcement and legal disclosures. We may share your Personal Data with third parties: (i) if we believe in good faith that disclosure is appropriate to protect our rights or those of third parties, our property, or our safety (including enforcing the Terms and this Privacy Policy); (ii) if required by law, a subpoena, a court order, or other law enforcement-related matters, agencies, and/or authorities; or (iii) if necessary to comply with a legal and/or regulatory obligation, for example, to comply with audit and other legal requirements.
5. International transfer
5.1. We use subcontractors and service providers and have affiliates located in countries other than yours, such as Israel, and send them information we receive (including Personal Data). We make such international transfers for the purposes described above. We will ensure that these third parties are subject to written agreements that ensure the same level of privacy and data protection as set forth in this Privacy Policy, including appropriate remedies in case of violation of your data protection rights in such a third country.
5.2. When we transfer your Personal Data to third parties located outside the European Economic Area (“EEA”) and where required by applicable law, we ensure that such data receives a similar level of protection by ensuring that at least one of the following protection measures is applied:
5.2.1. We will only transfer your Personal Data to countries deemed by the European Commission to provide an adequate level of protection for Personal Data.
5.2.2. When we use certain service providers not located in countries with an adequate level of protection as determined by the European Commission, we may use specific contracts approved by the European Commission that give Personal Data the same protection as they have in the EEA.
5.3. Contact us at support@webshopr.com if you would like more information about the specific mechanism we use when transferring your Personal Data outside the EEA.
6. Security. We have implemented and maintain appropriate technical and organizational security measures, policies, and procedures designed to reduce the risk of accidental destruction or loss, or unauthorized disclosure of or access to Personal Data, appropriate to the nature of such data. The measures we take include:
6.1. Safeguards – The physical, electronic, and procedural safeguards we use to protect your Personal Data include secure servers, firewalls, antivirus, and SSL encryption of data.
6.2. Access control – We strive for proper system entrance management and limit access to authorized personnel based on the “need to know” rule and the “least privilege” rule, and revoke access immediately upon termination of employment.
6.3. Personnel – We require new employees to sign confidentiality agreements in accordance with applicable law and industry practice.
6.4. Encryption – We encrypt data during transmission using secure TLS 1.2 protocols.
6.5. Standards and certifications – We have built our systems on third-party infrastructure certified as compliant with ISO 27001 (Information Security Management)/ ISO 27017 (Cloud Security)/ ISO 27018 (Cloud Privacy), ISO 27701 (Security Techniques), ISO 22301 (Security and Resilience), ISO 9001 (Quality Management Systems), and CSA STAR CMM v3.0.1. Our payment processor complies with the Payment Card Industry Data Security Standards (PCI DSS 3.2).
6.6. Database backups – Our databases are periodically backed up for certain data and regularly tested. Backups are encrypted and stored within the production environment to maintain their confidentiality and integrity, are regularly tested to ensure availability, and are accessible only to authorized personnel.
6.7. However, 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 Data, we cannot guarantee its absolute security.
6.8. Since the security of information partially depends on the security of the computer you use to communicate with us and the security you use to protect user IDs and passwords, we ask that you take appropriate measures to protect this information.
7. Your rights—Access and restriction of our use of certain personal data. Subject to applicable law and certain exemptions, and in some cases depending on the processing activity we perform, you have certain rights concerning the Personal Data we or other data controllers hold about you, as further described below. For requests to exercise such rights concerning information held by other data controllers, you should contact the relevant data controller directly. If you wish us to notify all independent data controllers, please specify this request when you contact us to exercise your rights. We will investigate and attempt to resolve complaints and disputes and make every effort to honor your desire to exercise your rights as quickly as possible and in any event within the timeframes prescribed by applicable data protection law. We reserve the right to request reasonable proof to verify your identity before providing you with information and/or complying with your requests as described below:
7.1. Right of access. You have the right to know what Personal Data we collect about you and, in some cases, to have such Personal Data communicated to you. Depending on applicable law, we may charge you a fee for this. We may not be able to provide you with all the information you request, in which case we will attempt to explain why.
7.2. Right to data portability. If processing is based on your consent or the performance of a contract with you and processing is carried out by automated means, you may have the right to request (from us) that we provide you or another party with a copy of the Personal Data you provided to us in a structured, commonly used, and machine-readable format.
7.3. Right to rectify personal data. Subject to the limitations in applicable law, you may request that we update, supplement, correct, or delete inaccurate, incomplete, or outdated Personal Data.
7.4. Erasure of personal data (“Right to be Forgotten”). If you are an EU individual, you have the right to request that we delete your Personal Data if: (i) the data is no longer necessary for the purpose for which it was collected, (ii) our processing was based on your consent and you have withdrawn your consent, (iii) you have successfully exercised your Right to Object (see below), (iv) the processing was unlawful, or (v) we are required to delete the data to comply with a legal obligation. We cannot restore information once it has been deleted. To ensure that we no longer collect Personal Data, you should also delete our App from your mobile devices, terminate your account with us, and clear our cookies from any device on which you have used our App. We may retain certain Personal Data (even after your request to delete it) for auditing and archiving purposes, or as otherwise permitted and/or required under applicable law.
7.5. Right to restrict processing. If you are an EU individual, you can ask us to restrict the processing of your Personal Data if: (i) you have disputed its accuracy and want us to restrict processing until this has been verified; (ii) processing is unlawful, but you do not want us to delete the Personal Data; (iii) the Personal Data is no longer necessary for the purposes for which it was collected, but we still need it for the establishment, exercise, or defense of legal claims; (iv) you have exercised your Right to Object (below) and we are verifying our legitimate grounds for processing. We may continue to use your Personal Data after a restriction request in certain circumstances.
7.6. Direct marketing opt-out. You can change your mind at any time about your choice to receive marketing communications from us and/or have your Personal Data processed for direct marketing purposes. If you do so, you can notify us by contacting us at support@webshopr.com. We will process your request as soon as reasonably possible, but it may take a few days for us to update our records and for the opt-out to take effect.
7.7. Right to object. If you are an EU individual, you may object to any processing of your Personal Data that has our legitimate interests as its legal basis if you believe that your fundamental rights and freedoms outweigh our legitimate interests. If you object, we have the opportunity to demonstrate that we have compelling legitimate grounds that outweigh your rights and freedoms.
7.8. Withdrawal of consent. You can withdraw your consent in connection with any processing of your Personal Data based on previously granted consent. This will not affect the lawfulness of processing before this withdrawal.
7.9. Right to lodge a complaint with your local supervisory authority. If you are an EU individual, you have the right to lodge a complaint with the relevant supervisory data protection authority if you are concerned about how we process your Personal Data, but we kindly ask you to attempt to resolve any issues with us first.
8. Data retention
8.1. Subject to applicable law, we retain Personal Data as long as necessary for the purposes set out above. We may remove information from our systems without notifying you once we believe it is no longer necessary for these purposes. Retention by any of our processors may vary according to the processor’s retention policy.
8.2. In some circumstances, we may retain your Personal Data for longer, for example, when required by legal, regulatory, tax, audit, or accounting requirements, and so that we have an accurate record of your transactions with us in the event of complaints or disputes, or when we reasonably believe there is a prospect of litigation concerning your Personal Data or transactions. To determine the appropriate retention period, we consider the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorized use or disclosure of your Personal Data, the purposes for which we process your Personal Data, and whether those purposes can be achieved through other means, as well as applicable legal requirements.
8.3. Contact us at support@webshopr.com if you would like more information about the retention periods for the different types of your Personal Data.
9. Cookies and similar technologies. We use cookies and similar technologies for several reasons, including helping personalize your experience. When you access the Solution, you are notified of the use and placement of cookies and other similar technologies on your device, as specified herein.
9.1. What are cookies? A cookie is a small piece of text that is sent to a user’s device and stored locally. The device sends this piece of text back to the cookie server when that user returns.
9.1.1. First-party cookies are placed by us, while third-party cookies may be placed by a third party. We use both first- and third-party cookies.
9.1.2. We may use the term “cookies” to refer to all technologies we may use to store data in your browser or device or that collect information or help us identify you in the manner described above, such as web beacons or “pixel tags.”
9.2. How we use cookies. We use cookies and similar technologies for several reasons, as specified below. We will not place cookies on your browser that are not strictly necessary unless you have first given consent for the cookie pop-up.
The specific names and types of cookies, web beacons, and other similar technologies we use may change from time to time. However, the cookies we use generally fall into one of the following categories:
Type of Cookie
Performance: These cookies may help us gather information to help us understand how you use our Solution, such as whether you have viewed messages or specific pages and how long you spent on each page. This helps us improve the performance of our Solution.
Analytics: These cookies collect information about your activity on our solution to help us learn more about which features are popular with our users and how our solution can be improved.
9.3. Third-party cookies
Mixpanel
Firebase
9.4. How can you adjust your preferences? Most web browsers are initially set up to accept cookies, but you can change this setting so that your browser either refuses all cookies or informs you when a cookie is being sent. Additionally, you are free to delete existing cookies at any time. Please note that some features of the Services may not function properly if cookies are disabled or deleted. For example, if you delete cookies that store your account information or preferences, you will need to re-enter this information each time you visit.
10. Third-party applications and services. Any use of third-party applications or services is at your own risk and subject to the terms and privacy policies of such third parties.
11. Communications. We reserve the right to send you service-related messages, including service announcements and administrative messages, without offering you the opportunity to opt out of receiving these messages. If you do not wish to receive such messages, you may terminate your account.
12. Children. We do not knowingly collect Personal Data from children under the age of sixteen (16) years. In the event that you discover that a person under the age of sixteen (16) has registered without parental consent, we ask that you notify us immediately.
13. Changes to the Privacy Policy. We may update this Privacy Policy from time to time to reflect legal requirements and how we run our business, and we will post any updates on this webpage. Please check back periodically to ensure you are aware of the latest version. If we make material changes to this Privacy Policy, we will attempt to notify you by means of a notice in our App or via email.
14. Comments and questions. If you have any comments or questions about this Privacy Policy or if you wish to exercise any of your legal rights as set out herein, you can contact us at support@webshopr.com.
15. The English version of this privacy policy is binding. This French version is provided for your convenience and understanding only. Should any inconsistencies exist between this French version and the English version of this Privacy Policy, the English version will prevail.
