Effective October 1, 2015
WHAT INFORMATION DOES PIGEONLY COLLECT AND USE?
To enable you to use our Services, we may gather and use certain personal information about you, including information in the following categories:
HOW DO WE USE THE INFORMATION WE COLLECT?
We use your personal information for the purposes described below:
To provide our Services to you and to provide you with access to our Website;To personalize, improve, and promote our Services and Website;To take, process, and deliver orders made via the Website or otherwise, and invoice you or notify you of the status of your order, as well as resolve any disputes regarding the foregoing; To communicate with you, receive feedback from you, and to provide you with customer support; To verify your identity, compare information for accuracy, and to enforce your and our rights and protect you against fraud; To conduct analytics and/or deliver advertising; and For any other purpose for which the information was collected.
HOW DO WE SHARE THE INFORMATION WE COLLECT?
We may share your personal information under the following circumstances:
With Pigeonly’s affiliated companies, carriers, partner service providers and/or agents, as reasonably necessary to provide you with the Services you have requested;As required by law or legal process;In response to lawful requests for information by government agencies, such as law enforcement authorities, authorized to request such information;To help detect and prevent potentially illegal acts and violations of our policies and to otherwise protect Pigeonly’s interests;When we believe disclosure is necessary and appropriate to prevent harm to persons or property or otherwise to protect public safety; andWith third parties who may conduct data analytics and/or offer you products and promotions that may be of interest to you.
Pigeonly does not enable third parties, except for certain Pigeonly subcontractors, to collect information directly from users while they interact with the Website or use our Services. (But see “Third-Party Applications” below.) Pigeonly’s subcontractors only collect and use information at Pigeonly’s direction and only to support the functioning of the Website and Services and to perform analytics. Our subcontractors may not share this information with third parties.
Information that is collected by or sent to Pigeonly may be stored and processed in the United States or in any other country in which Pigeonly or our affiliates, subsidiaries, or service providers maintain facilities. In this regard, or for purposes of sharing or disclosing information in accordance with this section, Pigeonly reserves the right to transfer your personal information outside of your country. By using Pigeonly’s Websites or Services, you consent to any such transfer of information outside of your country.
As Pigeonly continues to develop its business, Pigeonly may sell or buy subsidiaries or business units. In any such transactions in which Pigeonly or substantially all of our assets are acquired by a third party, personal information of Pigeonly users will generally be one of the transferred business assets. We reserve the right to include your personal information in any such transfer to a third party.
If you use any extras, plug-ins, or third-party applications in connection with the Website or our Services (“Third-Party Applications”), the provider of such Third-Party Applications may obtain access to certain personal information about you. Pigeonly does not and cannot control how the provider of Third-Party Applications may use any personal information collected in connection with such Applications. Please ensure that you review any privacy policies or other terms applicable to the use of such Third-Party Application before installation or use.
HOW DOES PIGEONLY PROTECT YOUR PERSONAL INFORMATION?
Pigeonly takes reasonable administrative, organizational, physical and technical measures to protect the personal information provided to us or collected by us. Please be aware, however, that no security measures are perfect or impenetrable and no method of data transmission can be guaranteed against any interception or other type of misuse. Therefore, while we strive to use reasonable means to protect your personal information, we cannot guarantee its absolute security. In light of the foregoing, you access the Website and use the Services at your own risk.
HOW CAN YOU ACCESS OR AMEND YOUR PERSONAL INFORMATION?
You have the right to access and, where relevant, to amend your personal information. Some of your information may be viewed or edited online by signing into your account page at https://pigeon.ly . We will respond to requests to view, correct, complete or remove your personal information within a reasonable period of time and upon verification of your identity.
Pigeonly will make all reasonable efforts to accommodate requests to delete personal information unless it is required to be retained by law or for lawful business purposes, and always will delete any personal information that we are required by applicable law to delete at your request.
HOW LONG IS YOUR PERSONAL INFORMATION KEPT BY PIGEONLY?
Pigeonly’s Website and Services are intended for the use of users who are at least 18 years of age. The Websites and Services are not intended for or designed to attract users under the age of 13, and Pigeonly does not knowingly collect personally identifiable information from children under the age of 13. If we learn that we have collected personal information from a child under 13, we will delete such information.
HOW CAN YOU CONTACT PIGEONLY?
PIGEONLY INC.PO BOX 7517LAS VEGAS, NV 89125
Residents of the European Economic Area (“EEA”)
Pigeonly works with merchants and users around the world, including in the EEA. If you are located in the EEA, your personal information is processed by Pigeonly Inc. As part of our service, we may transfer your personal information to other regions, including to Canada and the United States. In order to ensure that your information is protected when transferred out of the EEA, Pigeonly relies on the EU-U.S. Privacy Shield (described in more detail below), as well as inter-company agreements between our various affiliates that may process your information on behalf of Pigeonly International Ltd.
If you are located in the EEA, you have certain rights under European law with respect to your personal data, including the right to request access to, correct, amend, delete, port to another service provider, or object to certain uses of your personal data. If you are a merchant, a partner, a visitor of Pigeonly’s websites, or a user of Pigeonly’s support services and wish to exercise these rights, please reach out to us using the contact information below. If you are a customer of a merchant who uses Pigeonly’s platform and wish to exercise these rights, please contact the merchants you interacted with directly — we serve as a processor on their behalf, and can only forward your request to them to allow them to respond.
Additionally, if you are located in the EEA, we note that we are generally processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above, unless we are required by law to obtain your consent for a particular processing operation. In particular we process your personal data to pursue the following legitimate interests, either for ourselves, our merchants, our partners, or other third parties (including our merchants’ customers):
- To provide merchants and others with our services and applications;
- To prevent risk and fraud on our platform;
- To provide communications, marketing, and advertising;
- To provide reporting and analytics;
- To help merchants find and integrate with apps through our app store;
- To provide troubleshooting, support services, or to answer questions;
- To test out features or additional services; and
- To improve our services, applications, and websites.
When we process personal information to pursue these legitimate interests, we do so where we believe the nature of the processing, the information being processed, and the technical and organisational measures employed to protect that information can help mitigate the risks to the data subject.
This Pigeonly Data Processing Addendum (“Addendum”) amends the Pigeonly Terms of Service (the “Agreement”) by and between you and Pigeonly Inc., a United States corporation with offices at 701 Bridger Avenue, Suite 690, Las Vegas, NV, 89169, on behalf of itself.
(a) “Data Protection Legislation” means European Directives 95/46/EC and 2002/58/EC, and any legislation and/or regulation implementing or made pursuant to them, or which amends or replaces any of them (including the General Data Protection Regulation, Regulation (EU) 2016/679);
(b) “Data Processor”, “Data Subject”, “Processor”, “Processing”, “Subprocessor”, and “Supervisory Authority” shall be interpreted in accordance with applicable Data Protection Legislation;
(c) “Personal Data” as used in this Addendum means information relating to an identifiable or identified Data Subject who visits or engages in transactions through your store (a “Customer”), which Pigeonly Processes as a Data Processor in the course of providing you with the Services. Notwithstanding the foregoing sentence, Personal Data does not include information that Pigeonly processes in the context of services that it provides directly to a consumer.
(d) All other capitalized terms in this Addendum shall have the same definition as in the Agreement.
2. Data Protection
2.1. Where a Data Subject is located in the European Economic Area, that Data Subject’s Personal Data will be processed by Pigeonly Inc. As part of providing the Services, this Personal Data may be transferred to other regions, including to Canada and the United States. Such transfers will be completed in compliance with relevant Data Protection Legislation.
2.2. When Pigeonly Processes Personal Data in the course of providing the Services, Pigeonly will:
- 2.2.1. Process the Personal Data as a Data Processor, only for the purpose of providing the Services in accordance with documented instructions from you (provided that such instructions are commensurate with the functionalities of the Services), and as may subsequently be agreed to by you. If Pigeonly is required by law to Process the Personal Data for any other purpose, Pigeonly will provide you with prior notice of this requirement, unless Pigeonly is prohibited by law from providing such notice;
- 2.2.2. notify you if, in Pigeonly’s opinion, your instruction for the processing of Personal Data infringes applicable Data Protection Legislation;
- 2.2.3. notify you promptly, to the extent permitted by law, upon receiving an inquiry or complaint from a Data Subject or Supervisory Authority relating to Pigeonly’s Processing of the Personal Data;
- 2.2.4. implement and maintain appropriate technical and organizational measures to protect the Personal Data against unauthorized or unlawful processing and against accidental loss, destruction, damage, theft, alteration or disclosure. These measures shall be appropriate to the harm which might result from any unauthorized or unlawful processing, accidental loss, destruction, damage or theft of Personal Data and appropriate to the nature of the Personal Data which is to be protected;
- 2.2.5. provide you, upon request, with up-to-date attestations, reports or extracts thereof where available from a source charged with auditing Pigeonly’s data protection practices (e.g. external auditors, internal audit, data protection auditors), or suitable certifications, to enable you to assess compliance with the terms of this Addendum;
- 2.2.6. notify you promptly upon becoming aware of and confirming any accidental, unauthorized, or unlawful processing of, disclosure of, or access to the Personal Data;
- 2.2.7. ensure that its personnel who access the Personal Data are subject to confidentiality obligations that restrict their ability to disclose the Customer Personal Data; and
- 2.2.8. upon termination of the Agreement, Pigeonly will promptly initiate its purge process to delete or anonymize the Personal Data. If you request a copy of such Personal Data within 60 days of termination, Pigeonly will provide you with a copy of such Personal Data.
2.3 In the course of providing the Services,you acknowledge and agree that Pigeonly may use Subprocessors to Process the Personal Data. Pigeonly’s use of any specific Subprocessor to process the Personal Data must be in compliance with Data Protection Legislation and must be governed by a contract between Pigeonly and Subprocessor.
3.1 In the event of any conflict or inconsistency between the provisions of the Agreement and this Addendum, the provisions of this Addendum shall prevail. For avoidance of doubt and to the extent allowed by applicable law, any and all liability under this Addendum, including limitations thereof, will be governed by the relevant provisions of the Agreement. You acknowledge and agree that Pigeonly may amend this Addendum from time to time by posting the relevant amended and restated Addendum on Pigeonly’s website, available at https://pigeonly.com/privacy/ and such amendments to the Addendum are effective as of the date of posting. Your continued use of the Services after the amended Addendum is posted to Pigeonly’s website constitutes your agreement to, and acceptance of, the amended Addendum. If you do not agree to any changes to the Addendum, do not continue to use the Service.
3.2 Save as specifically modified and amended in this Addendum, all of the terms, provisions and requirements contained in the Agreement shall remain in full force and effect and govern this Addendum. If any provision of the Addendum is held illegal or unenforceable in a judicial proceeding, such provision shall be severed and shall be inoperative, and the remainder of this Addendum shall remain operative and binding on the parties.
3.3 The terms of this Addendum shall be governed by and interpreted in accordance with the laws of the State of Nevada and the laws of United States applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of Nevada with respect to any dispute or claim arising out of or in connection with this Addendum.