Last Updated: December 27, 2019
3PointData respects your concerns about privacy. 3PointData provides a digital customer experience platform (the "Service") that gives software partners (our "Customers") the ability to streamline the customer service process in the products they offer to their merchant customers.
For the purpose of this Policy, "3PointData", "we" and "us" refer to 3PointData, Inc. and its parents, subsidiaries and affiliates, as the context requires. Our privacy practices may vary depending on the services we provide and the country-specific requirements for the countries in which we operate. For some products and services, where required, we will provide additional privacy notices before collecting your personal information. Please read this Policy carefully. If you have any questions, you may contact us at firstname.lastname@example.org or by the methods provided in the "Contact Us" section below. Please be aware that not all of the information in this Policy will be directly applicable to our handling of your personal information. As a 3PointData Customer, there may be additional terms that govern your use of the Service that are provided in the agreement you have with us. This Policy provides an overview of the possible circumstances in which we interact with your personal information. If you have any questions about our processing of your personal information, please contact us at email@example.com.
This Policy contains the following sections:
3PointData collects information about end users of our Services on behalf of our Customers, and only uses such information to provide the Service to our Customers in accordance with their instructions. If you are an end user who has a relationship with one of our Customers and have a question about how your personal information is collected, used, or shared, or would like to exercise any rights you may have with respect to your personal information, please contact the Customer directly.
Through our Sites and Services, subject to your consent if required by law, we may collect the following categories of personal information:
We collect personal information that you provide to us when you visit our Sites, set up an account with us, communicate with us, or otherwise use our Services. We may also collect information about you from third parties. For example, we may receive referrals from independent software vendors with which you have a relationship. We may also collect information about end users of the Service from our Customers with whom an end user has a relationship. In addition, when you visit our Sites we may collect certain information about your location, usage, or device through technology such as cookies (see "Cookies and Other Tracking Technologies" below).
Subject to your consent if required by law, we may use your personal information for the following business purposes:
We are a multinational business headquartered in the United States, with subsidiaries and affiliates in various countries around the world. Your personal information may be disclosed to recipients located outside of your country, including our global subsidiaries and affiliates (see "Our Relationship with Affiliate Companies" below), as well as other types of service providers engaged to help us run our business, subject to your consent if required by law. These types of service providers may include distributors of our products and services, vendors retained to perform functions on our behalf or to provide services to us, including (without limitation) legal, accounting, audit, consulting and other professional service providers, and providers of other services related to our business.
In addition, if you were referred to 3PointData for services via a partner, such as independent software vendor, we may share information with such partner in accordance with our business relationship with you and that partner, consistent with any privacy notice shared with you by either party at the time of the collection of your personal information.
We take steps aimed at ensuring that all persons who process your personal information as a service provider to us processes such information only as necessary for their service delivery and, where required by law, we ensure appropriate written instruction is provided to each service provider.
We may also disclose your personal information to third parties who are not service providers. Below is a list of categories of third parties to which we may disclose personal information and the business purpose for such disclosure:
To regulators including state and federal agencies, card payment networks, issuing banks and other parties required to enable compliance with laws, regulations and industry standards related to transaction processing in order to obtain commercial and credit information to establish, maintain or renew a customer’s contract(s), as may be required to provide any of the services for which a customer has subscribed, to comply with the rules and regulations of any credit or debit card payment network or otherwise in accordance with this policy;
To law enforcement, courts and other relevant parties in response to a court order or a request for cooperation from a regulatory, law enforcement or other government agency; to establish or exercise our legal rights; to defend legal claims; as otherwise required or permitted by applicable laws and/or regulations; when we believe that disclosure is appropriate in connection with efforts to investigate, prevent, or take action regarding actual or suspected illegal activity, fraud, or other wrongdoing; or to protect and defend the rights, property or safety of 3PointData, its customers, staff, suppliers or others; and
Subject to applicable legal requirements, to another company or agent of such company in connection with or during negotiation of any merger, financing, acquisition, bankruptcy, dissolution, transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business assets to such company.
We do not sell your personal information to third parties.
Subject to your consent if required by law, we may appoint an affiliate company to process personal information in a service provider role for and on our behalf. In most cases, we will remain responsible for that company’s processing of your personal information pursuant to applicable data privacy laws.
Because our affiliate companies are located around the globe, your personal information may be transferred to and stored in the United States or in another country outside of the country in which you reside, which may be subject to different standards of data protection than your country of residence.
We will take appropriate steps to ensure that transfers of personal information are in accordance with applicable law, are carefully managed to protect your privacy rights and interests and limited to countries which are recognized as providing an adequate level of legal protection or where alternative adequate arrangements are in place to protect your privacy rights.
EU transfer mechanism. 3PointData participates in, and has certified its compliance with, the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework. To learn more about Privacy Shield, visit www.privacyshield.gov.
3PointData is responsible for both its processing of personal information and subsequent transfers to any third party acting as an agent on its behalf. 3PointData complies with the Privacy Shield principles for all onward transfers of personal information from the EU, including the onward transfer liability provisions.
With respect to personal information received or transferred pursuant to the Privacy Shield Framework, 3PointData is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, 3PointData may be required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
Residents of the European Union and of Switzerland have a right to contact us for more information about the safeguards we have put in place to ensure adequate protection of personal information. You may send inquiries or complaints to us at the address or email listed in the "Contact Us" section of this Notice.
3PointData has selected the EU data protection authorities (DPAs) and the Swiss Federal Data Protection and Information Commissioner as its independent recourse mechanisms and commits to cooperate with the panel established by the EU DPAs and the Swiss Federal Data Protection and Information Commissioner and comply with the advice given by the panel and Commissioner with regard to data transferred from the EU and Switzerland. If you have an unresolved privacy or data use concern that we have not addressed adequately, you may utilize this independent recourse mechanism free of charge.
Under certain conditions, described in full on the Privacy Shield website, you may be entitled to invoke binding arbitration when other dispute resolution procedures have been exhausted.
Subject to your consent if required by law, we will collect and process your personal information as necessary to set up and administer your sign up to, and use of, the log in facility available on our Sites. We will use "cookies" to "remember" the machine or other device you use to access our Sites (see "Cookies and Other Tracking Technologies" below). Please remember that if we contact you, we will never ask you for your password in an unsolicited email, message or phone call. If you choose to use the log in facility available on our Sites, you are required to adhere to the following security procedures in relation to your username (currently, your email address) and password, which are referred to as "login information":
Subject to consent if required by applicable law, we may use personal information about our Customers to provide them with direct marketing information about our products and services as well as those of our global affiliates and third parties. Our direct marketing may be by email, telephone, post or SMS or such other method(s) as may become relevant. In addition, we may provide direct marketing information and permit others to do that as allowed by our Customers’ respective contracts.
We will take steps to seek to ensure that any direct marketing from us and which is sent by electronic means will provide a simple means for our Customers to stop further communications, in accordance with applicable law. For example, in emails, we may provide Customers with an "unsubscribe" link, or an email address to which Customers can send an opt-out request. In addition, if we need your consent for direct marketing communications under applicable law, and if you provide your consent, you will be able to change your mind at any time.
If you are an end user who uses 3PointData Services for the purpose of interacting with our Customers and have questions about legal rights you may have with respect to your personal information collected by our Customer, please consult the Customer with which you have registered. Subject to certain exemptions, and in some cases dependent upon the processing activity we are undertaking, some users, including residents of the European Union and the state of California, may have certain rights in relation to their personal information. These rights may include:
Subject to your consent if required by law, we may anonymize or aggregate your personal information in such a way as to ensure that you are not identified or identifiable from it, in order to use the anonymized or aggregated data, for example, for statistical analysis and administration including analysis of trends, to carry out actuarial work, to tailor products and services and to conduct risk assessments and analysis of costs and charges in relation to our products and services. We may share anonymized or aggregated data with our global affiliates and with other third parties. This Policy does not restrict our use or sharing of any non-personal, summarized, derived, anonymized or aggregated information.
We take seriously our responsibility to protect the security and privacy of the information we receive via our Sites. We maintain administrative, technical and physical safeguards designed to protect the personal information you provide via our Sites against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use.
Please remember that communications over the internet such as emails are not secure. We seek to keep secure all confidential information and personal information submitted to us through our Sites in accordance with our obligations under applicable laws and regulations. However, like all website operators, we cannot guarantee the security of any data transmitted through our Sites.
Unique device identifiers like IP address or UDID recognize a visitor’s computer or other device used to access the internet. Unique device identifiers are used alone and in conjunction with cookies and other tracking technologies for the purpose of "remembering" computers or other devices used to access the Sites and Apps.
We may also use other technologies like pixels or tags that allow us to measure performance and usage of our Service.
Cookies can be classified by duration and by source:
The cookies that we may use on the Sites fall into the following categories:
How to Delete or Block Cookies
On some Sites, when technically feasible, we will enable tools to help you make choices about cookies. You may also delete or block cookies at any time by changing your browser settings. You can click "Help" in the toolbar of your browser for instruction or review the cookie management guide produced by the Interactive Advertising Bureau available at www.allaboutcookies.org. If you delete or block cookies, some features of the Sites may not function properly.
How We Respond to ‘Do Not Track’ Signals
We support Do Not Track signals. Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.
3PointData may provide links on our Sites to other websites that are not under our control. We do not endorse or make any warranty of any type regarding the content contained on such websites or products and services offered on those websites. We make no representation regarding your use of such websites. Please be aware that we are not responsible for the privacy practices of the operators of other websites. We encourage our users to be aware when they leave our Sites and to read the privacy statements of each and every website that collects personal information. This Policy applies solely to information collected by us. You should read any other applicable privacy and cookies notices carefully before accessing and using such other websites.
We reserve the right, in our sole discretion, to modify, update, add to, discontinue, remove or otherwise change any portion of this Policy, in whole or in part, at any time. When we amend this Policy, we will revise the "last updated" date located at the top of the document. We will also take reasonable steps to ensure you are made aware of any material updates including providing you direct communication about such changes or providing a notification through the Services, as appropriate. If you provide personal information to us or access or use our Sites after this Policy has been changed, you will be deemed to have unconditionally consented and agreed to such changes. The most current version of this Policy will be available on the Sites and Apps and will supersede all previous versions of this Policy.
This Policy, including all revisions and amendments thereto, is governed by the laws of the United States, State of Georgia, without regard to its conflict or choice of law principles which would require application of the laws of another jurisdiction.
By using our Sites, you unconditionally consent and agree that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against 3PointData and/or its parent, subsidiaries, affiliates and each of their respective members, officers, directors and employees (all such individuals and entities collectively referred to herein as the "3PointData Entities") arising out of, relating to, or connected in any way with the Services or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in Atlanta, Georgia; (4) the arbitrator's decision shall be controlled by the terms and conditions of this Policy and any of the other agreements referenced herein that the applicable user may have entered into in connection with the Services; (5) the arbitrator shall apply Georgia law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only your and/or the applicable 3PointData Entity's individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against you or any 3PointData Entity; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against any 3PointData Entity exceed $125 USD, and you are unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, 3PointData agrees to pay them and/or forward them on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, 3PointData will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor 3PointData shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.
If you are an End User who has a relationship with one of our Customer’s and have a question about how your personal information is collected, used, or shared, or would like to exercise any rights you may have with respect to your personal information, please contact the Customer directly. If you have questions about this Policy, or if you want to exercise your rights as described in this Policy, you may contact us as follows:
3PointData, Inc. 2578 W 600 N Lindon UT 84042-1227 1-650-485-3005
In order to honor any access or deletion request, we will require you to provide enough information for us to verify your identity. For example, we may ask you for information associated with your account, including your contact information or other identifying information. If you designate an authorized agent to make a rights request on your behalf, we may require proper proof of that authorization as well as direct verification of your identity from you.
Last updated: December 27, 2019
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the 3PointData Inc., Services (the "Service") operated by 3POINTDATA, INC. ("us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
By creating an Account on our service, you consent to receive newsletters, marketing or promotional materials and other information we may send. Our communications include valid contact information and include only those customers using or affiliated with our service. You may remove your consent to receive these communications from us by following the unsubscribe link or instructions provided in any communications we send.
Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or 3POINTDATA, INC. cancels it. You may cancel your Subscription renewal, in accordance with applicable contract terms, either through your online account management page or by contacting the 3POINTDATA, INC. customer support team at Support.3PointData.com or via email to Support@3PointData.com.
A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide 3POINTDATA, INC. with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize 3POINTDATA, INC. to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, 3POINTDATA, INC. will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
3POINTDATA, INC. may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").
You may be required to enter your billing information in order to sign up for the Free Trial.
If you do enter your billing information when signing up for the Free Trial, you will not be charged by 3POINTDATA, INC. until the Free Trial has expired. On the last day of the Free Trial period, unless you have cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, 3POINTDATA, INC. reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
3POINTDATA, INC., in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
3POINTDATA, INC. will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Certain refund requests for Subscriptions may be considered by 3POINTDATA, INC. on a case-by-case basis and granted in sole discretion of 3POINTDATA, INC.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service.
3POINTDATA, INC. has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of 3POINTDATA, INC. or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We recognize and support customer (data subject) rights in accordance with Data Protection Laws. Our customers can request the following by submitting a service request to our Support Site at support.3PointData.com or by contacting our support organization via email at Support@3PointData.com.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to Legal@3PointData.com, with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims"
You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
You can contact our Copyright Agent via email at Legal@3PointData.com
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of 3POINTDATA, INC. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of 3POINTDATA, INC..
Our Service may contain links to third party web sites or services that are not owned or controlled by 3POINTDATA, INC..
3POINTDATA, INC. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that 3POINTDATA, INC. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless 3POINTDATA, INC. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
In no event shall 3POINTDATA, INC., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
3POINTDATA, INC. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Utah, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us at Legal@3PointData.com