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Privacy Policy

This Privacy Policy explains how PAYWHIRL INC., a limited liability company and the creators of Upsell Wizard (also referred to as PAYWHIRL) organized and existing under the laws of the State of California, collects, uses, discloses and protects Users' Personal Data. This Privacy Policy explains which information we collect, use and process, and what options our Users have with regard to their Personal Data. All capitalized items not defined in this Privacy Policy shall have the meanings set forth in the Terms of Use.

Personal Data means any data relating to an identified or identifiable natural person. This policy applies to customer information we collect when you access, register and/or use PAYWHIRL software or otherwise interact with PAYWHIRL in any manner described below. PAYWHIRL is compliant with applicable laws in the countries in which it operates. By using the PAYWHIRL service or interacting with PAYWHIRL as described below, Users acknowledge that they are aware of this Privacy Policy.

PAYWHIRL reserves the right to modify this Privacy Policy at any time, so please review it frequently. If we make material changes to this policy, we will notify you by email, on the Hosted Service or by means of a notice on our homepage, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.

1. Data Collection.

PAYWHIRL collects email addresses of people who send us email. We also collect information on what pages Users access and information provided to us by Users via surveys and the Registration Process. Such information may contain Personal Data about you including your address, phone numbers and credit card numbers.

The types of information we may collect are as follows:

  • Contact information, including phone number, email and physical addresses;
  • Users' credit card numbers;
  • Account information, such as username and account preferences;
  • All information associated with your use of the Hosted Service, including your actions taken while using the Hosted Service;

Members who sign up for the free account are not required to enter a credit card.

2. Data Use.

2.1 Services. PAYWHIRL will not disclose Personal Data without that User's written permission. However, certain Personal Data collected from you, and about you, is used within the context of providing the Hosted Service to you.

PAYWHIRL uses Personal Data to authorize Users' access to PAYWHIRL services, to provide customer support, to manage Users' accounts, and send Users technical notices, updates, security alerts and support and administrative messages. PAYWHIRL may share your Personal Data in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of PAYWHIRL's Terms of Use, or as otherwise required by law.

PAYWHIRL may also carry out any other purpose for which the data was collected, to the extent such purpose is necessarily contemplated by the collection of such information or as otherwise notified in the Hosted Service at the time of collection.

PAYWHIRL uses 3rd party services to help us provide the Hosted Service effectively (e.g. maintenance, analysis, audit, transactions, archiving, and marketing and development). These 3rd party services will have access to Users' Personal Data as reasonably necessary to perform these tasks on the behalf of PAYWHIRL and are obligated not to disclose or use it for other purposes.

PAYWHIRL utilizes 3rd party services, Papertrail, to store all information regarding Users' actions on their account for the purpose of reconstructing the Hosted Service should PAYWHIRL have a system crash resulting in loss of data. Papertrail only store the data and does not have access to any of that data at any time.

2.2 Communications. PAYWHIRL will avail itself of Users' email addresses to get in contact with those Users.

As part of the buying and selling process on the Hosted Service, the business from which you are purchasing a product or service will receive your email address and/or shipping address. With respect to your Personal Data, PAYWHIRL grants a license to that business to use the information only for Hosted Service-related communications that are not unsolicited commercial messages.

2.3 Advertising. PAYWHIRL targets, and measures the performance of, ads to Users, visitors and others both on and off the Hosted Service directly or through a variety of partners. PAYWHIRL is using data from advertising technologies on and off the Hosted service, like cookies and session information.

2.4 Cookies. A cookie is a small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a Web site and stored on your computer's hard drive. Every computer that accesses our Web site is assigned a different cookie by us.

Cookies can be used to track Users' and visitors' sessions on our Web site and to serve customized ads from Google and other 3rd party vendors. When you visit this Web site, you may view advertisements posted on the site by Google or other 3rd parties. Through 1st party and 3rd party cookies, these 3rd parties may collect information about you while you are visiting this Web site and other Web sites. They may use this data to show you advertisements on this Web site and across the Internet based on your prior visits to this Web site and elsewhere on the Internet. We do not collect this information or control the content of the advertisements that you will see.

You may be able to opt out of customized Google Display Network ads by visiting the Ads Preferences Manager (https://www.google.com/ads/preferences/), and the Google Analytics Opt-out Browser Add-on (https://www.google.ca/ads/preferences/plugin/). In addition, you can opt-out of all remarketing, including AdRoll's, by using the NAI Consumer Opt Out service (http://optout.networkadvertising.org/#!/).

We use a service provided by Google called Google Analytics ("GA") as well as AdRoll. GA and AdRoll permit us to reach people who have previously visited our site and show them relevant advertisements when they visit other sites across the Internet in the Google Display Network. This is often called 'remarketing'.

Your use of the PAYWHIRL website without opting out means that you understand and agree to data collection to provide you with remarketing ads using GA and cookies from other 3rd party vendors based on your prior visits to this website and elsewhere on the Internet.

3. Data Sharing Method and Purpose.

PAYWHIRL will only use and disclose Personal Data internally in order to:

  • Understand and meet your needs and preferences;
  • Develop new, and enhance existing, service offerings;
  • Manage and develop our business and operations;
  • Carry out any purpose for which we have received your consent;
  • Meet legal and regulatory requirements.

PAYWHIRL may disclose any information collected about you, whether you are a current or former customer, with law enforcement, data protection authorities, government officials, and other authorities when:

  • Compelled by subpoena, court order or other legal procedure;
  • PAYWHIRL believes the disclosure is necessary to prevent physical harm or financial loss;
  • Disclosure is necessary to report suspected illegal activity;
  • Disclosure is necessary to investigate violations of this Privacy Policy or our Terms of Use;
  • PAYWHIRL obtains your consent or at your direction.

PAYWHIRL may also share your Personal Data with a 3rd party in the event that PAYWHIRL is acquired by, or merged with, another company. Under these circumstances, PAYWHIRL will notify you by email or by placing a prominent notice on the Hosted Service before Personal Data about you is transferred and becomes subject to a different privacy policy.

3.1 Sharing Data With 3rd Party Service Providers.

3.1.1 PAYWHIRL Service. PAYWHIRL shares some of your personal data with 3rd Party Applications, defined in Section 2.11 - Payment Gateway Service Provider of PAYWHIRL's Terms of Use, that are linked to the Hosted Service for the purpose of processing credit card transactions.

3.1.2 Communications. PAYWHIRL uses your information when sending communications to you.

3.1.3 Disclosure. PAYWHIRL requires any company with which we may share Personal Data to protect that data in a manner consistent with this Privacy Policy and to limit the use of such Personal Data to the performance of services for PAYWHIRL. We do not sell or otherwise provide Personal Data to other companies for the marketing of their own products or services.

4. Legal Basis for Processing Data.

PAYWHIRL collects, uses and shares data in the manner described in the previous sections of this Privacy Policy.

PAYWHIRL will only collect and process personal data about you where we have a lawful purpose to do so. Lawful purposes include consent (where you have authorized us to do so), contractual obligation (where processing your data is necessary for the performance of our contractual obligations with PAYWHIRL business customers and Users - available in our Terms of Use on the PAYWHIRL website), legal obligation (where European Union or a Member State's law requires PAYWHIRL to do so), "public interest" as defined in the General Data Protection Plan (GDPR), "vital interests" (where it is necessary for the protection of an individual) and "legitimate interests" as defined in the General Data Protection Regulation (GDPR).

Where you have provided consent to process your personal data, you have the right to withdraw or decline your consent at any time. Where we rely on legitimate interests, you have the right to object.

5. User Choices and Obligations.

5.1 Data Retention. PAYWHIRL utilizes data retention controls that allow a User to choose from several options how long PAYWHIRL may retain that User's Personal Data. The period of time will begin to run from the time the User no longer has any active account through PAYWHIRL and the User has not logged into his/her Upsell Wizard account. The User may make this selection during the Registration Process or at any time after that. If you choose to not set a period limit for data retention, PAYWHIRL will retain basic account information and information about performed transactions for at least 5 years after an account is closed in accordance with our record keeping obligations.

5.2 Accessing and Controlling Your Personal Data. Regarding your personal data, you have the following options:

  • Delete Data: You can request deletion of some or all of your personal data that PAYWHIRL has access to. PAYWHIRL will delete all data except that for which it has a legal obligation to retain. Due to the fact that some of your data is necessary for PAYWHIRL to provide the Hosted Service to you, you will not be able to use the Hosted Service following the deletion of your data. This will effectively cancel any subscription that the Hosted Service facilitates on your behalf;
  • Change or Correct Data: You have the right to request change of incorrect personal data that PAYWHIRL has about you;
  • Object to, Limit or Restrict Use of Data: You can request that PAYWHIRL stops using all, or some, of your personal data (e.g. if we have no legal right to continue to use it) or to limit our use of it (e.g. if your personal data is inaccurate or unlawfully held). PAYWHIRL only collects and processes data that is necessary to perform its service to the User. By objecting to, limiting or restricting use of your data, you may render PAYWHIRL incapable of providing the Hosted Service to you.
  • Right to Access and/or Take Your Personal Data: You have the right to ask PAYWHIRL for a copy of your Personal Data stored by us and can ask for a copy of your Personal Data you provided in machine readable form.

You can request any of the above mentioned actions by sending an email to support@upsellwizard.com.

In relation to all procedures relating to PAYWHIRL's collection, processing and storage of your personal data, you have the right to appeal to the supervisory authority of the European Union (EU) Member State in which you reside.

5.3 Account Information and Account Deletion. You may access and review or update your account information at any time by logging into your account.

If you choose to close your PAYWHIRL account, please contact us at support@upsellwizard.com. Your account will be deleted and your Personal Data will be erased within 30 days of receiving your request.

PAYWHIRL retains your Personal Data even after you have closed your account if reasonably necessary to comply with our legal obligations, meet regulatory requirements, resolve disputes, maintain security, prevent fraud and abuse or enforce our Terms of Use. PAYWHIRL will retain de-personalized and fully encrypted information after your account has been deleted.

6. Security.

PAYWHIRL implements reasonable security practices and procedures to help protect the confidentiality and security of your information, including any non-public personal information.

The security of your Personal Data is important to us. PAYWHIRL protects your information using reasonable physical, technical and administrative security measures, including by limiting access to your information to employees that require knowledge of that information. To make sure your personal information is secure, PAYWHIRL communicates its privacy and security guidelines to its employees and strictly enforces privacy safeguards within the company. Additionally, when you enter sensitive information, such as your credit card number, on our registration form, we encrypt the transmission of that information using secure socket layer technology (SSL). Credit card information is not stored on PAYWHIRL's servers. No method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

7. Contact Us.

If you have any questions or concerns regarding this Privacy Policy, please contact us at support@upsellwizard.com.