CardFlight Privacy Policy

Effective Date March 31, 2014, updated October 31, 2022

CardFlight, Inc. (“CardFlight”, “we”, “our” or “us”) owns and operates the SwipeSimple services (“SwipeSimple” or the “Services”). This Privacy Policy describes the policies and procedures of CardFlight on the collection, use and disclosure of your information on https://swipesimple.com (the “Site”), the SwipeSimple application (“Application”), and the services, features, content or applications we offer (collectively with the Site and Application, the “Services”). We receive information about you from various sources, including: (i) if you register for the Services, through your user account on the Services (your “Account”); (ii) your use of the Services generally; and (iii) from business partners and third party websites and services. When you use the Services or apply for an Account, you are consenting to the collection, transfer, manipulation, storage, disclosure and other uses of your information as described in this Privacy Policy.

What does this privacy policy cover?

This Privacy Policy covers the treatment of user information (“User Information”), which may include User Content (defined below), personally identifiable information (“Personal Information”), and Financial Information (defined below), gathered when you are using or accessing the Services. This Privacy Policy also covers our treatment of any User Information that our business partners share with us or that we share with our business partners.

This Privacy Policy applies to all information we collect through our Services, even if you have not signed up for an Account or downloaded an Application.

This Privacy Policy does not apply to the practices of third parties that we do not own or control, including but not limited to any third party websites, services and applications (“Third Party Services”) that you elect to access through the Service or to individuals that we do not manage or employ. Third Party Services may also include our business partners, such as resellers, through whom other users of our Services, such as merchants, access and/or receive our Services. While we attempt to facilitate access only to those Third Party Services that share our respect for your privacy, we cannot take responsibility for the content or privacy policies of those Third Party Services. We encourage you to carefully review the privacy policies of any Third Party Services you access.

What information do we collect?

We collect the following types of information from users of our Services. In some cases “users of our Services” may include your clients and/or customers if they are directly accessing the Services in any manner (for example to make or receive payments), so please be sure that your privacy policy is consistent with the sharing policies and protocols set forth in this Privacy Policy.

Account information:
When you create an Account, you will provide information that could be Personal Information, such as your contact information, username, password and email address. Additionally, we may request Financial Information from you while setting up your Account and/or throughout the course of providing you with the Services. You acknowledge that this information may be personal to you, and by creating an account on the Services and providing Personal Information to us, you allow others, including us, to identify you and therefore may not be anonymous. We may use your contact information to send you information about our Services. You may unsubscribe from some types of messages through your Account settings, although we, regardless, reserve the right to contact you when we believe it is necessary, such as for account recovery purposes.

Transaction information:
If you use our Services to make or receive payments, we collect information about the transaction, such as the time and location of the transactions, the payment amounts, and additional details about the transaction. We also may collect information about the devices and payment methods used to complete the transactions.

User content:
Some features of the Services allow you to provide content to the Services, such as written comments or images you post or upload to the Services (“User Content”). All User Content submitted by you to the Services may be retained by us indefinitely, even after you terminate your account. We may continue to disclose such content to third parties in a manner that does not reveal Personal Information, as described in this Privacy Policy.

Financial information:
In order to provide the Services, we may collect financial information, such as bank account information, payment card number, and transaction information (“Financial Information”), from you and/or your customers (if applicable). We may also ask you to provide some of your Financial Information during the Account registration process. We also may receive Financial Information from Third Party Services that help us to provide the Services to you.

We collect, store, and process this information using industry-standard security measures. We will only use and disclose Financial Information as needed to provide you, and if applicable your customers, with the Services.

When you make a purchase through the Services, such as a purchase of Hardware, information about your payment method (valid credit card number, type, expiration date, or other financial information) is collected and stored by our third payment processing company (the “Payment Processor”), and use and storage of that information is governed by the Payment Processor’s applicable terms of service and privacy policy.

Location information:
If you access the Services on a mobile device, we may receive information about the location of the device through which you access the Services. Your mobile device operating system will prompt you before allowing us to collect your location information to ask for your consent. If you do not see the prompt, or if you subsequently decide you would like to opt out of such collection, you may do so by changing the appropriating settings in your mobile device. However, please note that opting out may affect your ability to use some or all of the Services.

IP Address Information, Device Information, and Other Information Collected Automatically:
We automatically receive and record information from your web browser when you interact with the Services, including your IP address and cookie information. This information is used for fighting spam/malware and also to facilitate collection of data concerning your interaction with the Services (e.g., what links you have clicked on).

Generally, the Services automatically collect usage information, such as the number and frequency of visitors. We may use this data in aggregate form, that is, as a statistical measure, but not in a manner that would identify you personally. This type of aggregate data enables us and third parties authorized by us to figure out how often individuals use parts of the Services so that we can analyze and improve them.

We may collect device-specific information from users who access our Services, such as the Application, from their mobile devices. Device information may include but is not limited to unique device identifiers, network information, and hardware model, as well as information about how the device interacts with our Services.

Email communications:
We may receive a confirmation when you open an email from us or click on a link in an email we send. We use this confirmation to improve our customer service.

Information containing cookies:
Cookies are pieces of text that may be provided to your computer through your web browser when you access a website. Your browser stores cookies in a manner associated with each website you visit. We use cookies to enable our servers to recognize your web browser and tell us how and when you visit the Site and otherwise use the Services through the Internet.

Our cookies do not, by themselves, contain Personal Information, and we do not combine the general information collected through cookies with other Personal Information to tell us who you are. As noted, however, we do use cookies to identify that your web browser has accessed aspects of the Services and may associate that information with your Account if you have one.

Most browsers have an option for turning off the cookie feature, which will prevent your browser from accepting new cookies, as well as (depending on the sophistication of your browser software) allowing you to decide on acceptance of each new cookie in a variety of ways. We strongly recommend that you leave cookies active, because they enable you to take advantage of the most attractive features of the Services.

This Privacy Policy covers our use of cookies only and does not cover the use of cookies by third parties. We do not control when or how third parties place cookies on your computer. For example, third party websites to which a link points may set cookies on your computer.

Information Related to Advertising and the Use of Web Beacons:
To support and enhance the Services, we may serve advertisements, and also allow third party advertisements, through the Services. These advertisements are sometimes targeted and served to particular users and may come from third party companies called “ad networks.” Ad networks include third party ad servers, ad agencies, ad technology vendors and research firms.

Advertisements served through the Services may be targeted to users who fit a certain general profile category and may be based on anonymized information inferred from information provided to us by a user, including Personal Information (e.g., gender or age), may be based on the Services usage patterns of particular users, or may be based on your activity on Third Party Services. We do not provide Personal Information to any ad networks for use outside of the Services.

To increase the effectiveness of ad delivery, we may deliver a file (known as a “web beacon”) from an ad network to you through the Services. Web beacons allow ad networks to provide anonymized, aggregated auditing, research and reporting for us and for advertisers. Web beacons also enable ad networks to serve targeted advertisements to you when you visit other websites. Because your web browser must request these advertisements and web beacons from the ad network’s servers, these companies can view, edit or set their own cookies, just as if you had requested a web page from their site.

Information Collected From Third Parties:
We may collect information from third parties in connection with the verification of Financial Information or the facilitation of transactions made through the Services.

Aggregate Information:
We collect statistical information about how both unregistered and registered users, collectively, use the Services (“Aggregate Information”). Some of this information is derived from Personal Information. This statistical information is not Personal Information and cannot be tied back to you, your Account or your web browser.

How, and with whom, is my information shared?

IP Address Information:
While we collect and store IP address information, that information is not made public. We do at times, however, share this information with our partners, service providers and other persons with whom we conduct business, and as otherwise specified in this Privacy Policy.

Information You Elect to Share:
You may access other Third Party Services through the Services, for example by clicking on links to those Third Party Services. We are not responsible for the privacy policies and/or practices of these Third Party Services, and you are responsible for reading and understanding those Third Party Services’ privacy policies. This Privacy Policy only governs information collected on the Services.

Aggregate Information:
We share Aggregate Information with our partners, service providers and other persons with whom we conduct business. We share this type of statistical data so that our partners can understand how and how often people use our Services and their services or websites, which facilitates improving both their services and how our Services interface with them. In addition, these third parties may share with us non-private, aggregated or otherwise non Personal Information about you that they have independently developed or acquired.

Email Communications with Us:
As part of the Services, you may occasionally receive email and other communications from us, such as communications relating to your Account.

Information Shared with a Mutual Business Partner:
There may be an intermediate business partner that connects us to you. We may share your information with these business partners in accordance with this Privacy Policy or obtain your information from them, in order to provide you with the Services. For example, if you are a merchant user, we may share information we collect from your use of the Services to the reseller through whom you receive our Services. However, please note that we do not control any other party’s collection and use of your information, which is governed by the terms of the other party’s privacy policy. Please be sure to read their privacy policy very carefully.

Information Shared with Our Third Party Service Providers:
We employ and contract with third parties that perform certain tasks on our behalf in furtherance of the Services, including financial institutions, processors, payment card associations, and other entities that are part of the payment process. We may need to share User Information with such third parties in order to provide products or services to you. Unless we tell you differently, such third parties do not have any right to use User Information or other information we share with them beyond what is necessary to assist us. You hereby consent to our sharing of User Information with such third parties.

We may share information you provide to us with our processors, banks, or other financial institutions, including without limitation when you perform a transaction through the Services, for (a) regulatory or compliance purposes, (b) management and maintenance of the Service, (c) creating and updating customer records about you, (d) assisting us and financial institutions in better serving you, and (e) our risk management process. By using the Services and/or signing up for an Account, you authorize us to review and share your information with such third parties.

Information Disclosed Pursuant to Business Transfers:
In some cases, we may choose to buy or sell assets. In these types of transactions, user information is typically one of the transferred business assets. Moreover, if we, or substantially all of our assets, were acquired, or if we go out of business or enter bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of us or our assets may continue to use your User Information as set forth in this policy.

Information Disclosed for Our Protection and the Protection of Others:
We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:

i. satisfy any applicable law, regulation, legal process or governmental request;
ii. enforce this Privacy Policy or our Terms of Service, including investigation of potential violations hereof;
iii. detect, prevent, or otherwise address fraud, security or technical issues;
iv. respond to user support requests; or
v. protect our rights, property or safety, our users and the public. This includes exchanging information with other companies and organizations for fraud protection and spam/malware prevention.

Information We Share With Your Consent:
Except as set forth above, you will be notified when your User Information may be shared with third parties, and will be able to prevent the sharing of this information.

Information We Use to Provide the Services
We use your User Information to further our legitimate interests to:

i. understand who our customers and potential customers are and their interests in our products and services;
ii. manage our relationship with you and other customers;
iii. perform the Services and/or to fulfill regulatory obligations;
iv. help detect, prevent, or investigate security incidents, fraud and other abuse and/or misuse of our products and services;
v. verify or maintain quality or improve or upgrade a Service;
vi. provide, support, personalize, and develop our Site, products, and services such as to perform warranty related services or other post-sale activities such as product monitoring or repairs;
vii. create, maintain, customize, and secure your Account with us;
viii. process your requests, transactions, and payments and prevent transactional fraud;
ix. provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses;
x. help maintain the safety, security, and integrity of our Site, products and services, databases and other technology assets and business;
xi. develop and improve our Site, products, and services and for testing, research, analysis, and product development;
xii. inform you about any of our other products and services in order to induce you to purchase these products and services, subject to compliance with applicable laws regarding direct marketing; 

xiii. respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.

How long is my information stored?

We will store your User Information as long as needed to provide you with the Services and to operate our business. If you ask us to delete specific Personal Information from your Account (see “How can I delete my account?” below), we will honor this request unless deleting that information prevents us from carrying out the Services or other necessary business functions, like billing for the Services.

Is information about me secure?

Your Account information will be protected by a password for your privacy and security. You need to prevent unauthorized access to your Account and User Information by selecting and protecting your password appropriately and limiting access to your computer and browser by signing off after you have finished accessing your Account. We use industry standard methods and techniques to protect Account information and other information collected through the Services and to store all of our information, including your IP address information and Financial Information. However, we cannot guarantee the security of any information. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time. We do not guarantee or warrant that such techniques will prevent unauthorized access to information about you that we store, User Information or otherwise.

What Information of Mine Can I Access?
If you are a registered user, you can access information associated with your Account by logging into the Services. Registered and unregistered users can access and delete cookies through their web browser settings.

California Consumer Access and Deletion Rights.
If you are a California resident and would like more information about our use of User Information, you are entitled to ask us that we provide details about the categories of personal information that we collect about you, including how we collect and share it; that we provide you access to the personal information we collect about you; and that we delete the personal information we have about you. You may ask us for these things by submitting a written request to the following address:

President
CardFlight, Inc.
228 Park Ave S
Suite 61702
New York, NY 10003

Please be aware that when you ask us for these things, we will take steps to verify that you are authorized to make the request.

How can I delete my account?

Should you ever decide to delete your Account or specific personal information from your Account, you may do so by emailing support@swipesimple.com. Please note, however, that if you terminate your Account, any association between your Account and information we store will no longer be accessible through your Account.

What choices do I have regarding my information?

You can always opt not to disclose certain information to us, even though it may be needed to take advantage of some of our features.

You can delete your Account. Please note that we will need to verify that you have the authority to delete the Account, and activity generated prior to deletion will remain stored by us.

You may choose to not consent to our collection of location information when you receive the initial prompt from your mobile device, or you may stop our collection of location information by changing your mobile device settings.

What happens when there are changes to this privacy policy?

We may amend this Privacy Policy from time to time. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. If we make changes in the way we collect or use information, we will notify you by posting an announcement on the Services or sending you an email. A user is bound by any changes to the Privacy Policy when he or she uses the Services after such changes have been first posted.

What if I have questions or concerns?

If you have any questions or concerns regarding privacy using the Services or you would like to know more about how to exercise your rights, please send us a detailed message to support@swipesimple.com.  We will provide reasonable and timely assistance to you to resolve your concerns.