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Details

Who is BinderPOS?

BinderPOS Limited is a New Zealand company.

BinderPOS Limited’s head office is:

200 Lakes Boulevard

Pyes Pa

Tauranga 3112

New Zealand.
NZ Company Number: 6904598

Email: [email protected] 

When does this privacy policy apply?

This privacy policy applies to personal information we collect from visitors to our website, our customers and other persons with whom we deal directly.  

We collect, hold and process two categories of personal information:  

Account and Marketing Data 

“Account and Marketing Data” is personal information that we collect about you:

• in connection with the creation or administration of a customer account
• if you ask to receive information about us or our services or sign up to our newsletter
• when you sign up to or access or use our services
• when you contact us directly (e.g. telephone call, website enquiry form or chat service, email or through our social media channel) or visit our website.

Customer Data 

“Customer Data” is personal information that users of our services upload to or store, collect or process using our services, e.g. information about their customers.

Our customers determine what and how they collect, use, disclose and transfer Customer Data.  This means that our customers’ collection and use of Customer Data is governed by their privacy policy and practices, not ours.  We require our customers to comply with applicable privacy and data protection laws.

We only process Customer Data as authorised by our customers in our Terms of Service (available at https://binderpos.com/terms-of-service) and/or other agreements with our customers that govern the processing of Customer Data (as applicable).  Unless required otherwise under applicable law, if we receive any request or enquiry relating to Customer Data, we will forward this request to our relevant customer.  

For the purposes of the European Union General Data Protection Regulation (and the equivalent laws of the United Kingdom), our customers are the data controller when storing or otherwise processing Customer Data and we are the data processor.  

For the purposes of the California Consumer Privacy Act 2018, we are a service provider to our customers when we hold or process Customer Data.

The remainder of this privacy policy does not apply to Customer Data.

What personal information do we collect?

As part of our services to you we will collect your personal information. Any optional information is clearly highlighted, and you can utilise our services without providing this information.

The following provides details of what personal information is collected per service:

Using BinderPOS

When you sign up for BinderPOS, we will ask you to provide basic contact information and your billing information.

When you utilise the platform, we will collect information about how you interact with our services and the actions you take including your IP address.

Using our Chat Service

When you use our chat service, we collect your contact information and the contents of your chat session.

Contacting us via Social Media

When you contact us via social media, we collect information about your social media ‘handle’ used and the contents of your posting.

Contacting us via our Contact Form

When you contact us via our online contact form, we collect your email address and phone number. We will also collect the contents of your query.

Emailing us

When you email us, we collect your email address and any contact information provided. We will also collect the contents of your email.

When you attend a live demo

When you register for a live demo we collect basic contact information.

When you sign up for our newsletter

When you sign up to receive our newsletter we collect your email address.

Tracking Information

We may collect statistical information about your visit to our website to help us improve it and track trends in usage.

How do you use tracking technologies including cookies?

A cookie is a piece of code that creates a file on your computer to track the pages that you view on our website. Cookies can be used to collect information relating to your use of a website or your device, let you navigate between pages effectively, help to remember your preferences and generally improve your browsing experience.

You may turn off cookies at any time. Most browsers have a feature that allows the user to refuse cookies, or issues a warning when cookies are being sent. However, if you do this, you may have to manually adjust some preferences every time you visit our website and attempt use our services, you may not be able to access certain parts of our website or services, and some functionalities may not work.

An SDK is a section of code that we embed in our websites and services to allow third parties to collect information about how you interact with our services.

Tracking pixels (sometimes referred to as web beacons or clear GIFs) are tiny electronic tags embedded in websites, online ads and/or email, and that are designed to provide usage information like ad impressions or clicks, email open rates, measure popularity of the services and associated advertising.

We do not track you across other websites or allow third parties to do this whilst you are using our services. We therefore don’t respond to “Do Not Track” signals.

We use Google Analytics to collect information about visitors to our website.  For further information on how Google uses your personal information when you use our website and how to opt out of Google’s use of cookies, see here.  

If you follow a link on our website to another website, the owner of that website will have its own cookies.  We suggest you review that website’s cookie policy before you visit that website.

Why we collect your personal information?

We collect personal information for some or all of the following reasons, to:

• enable us to provide the services you have subscribed to.
• support capacity planning.
• comply with our legal obligations e.g. tax obligations.
• provide information and marketing to you about our services.
• assist with your support request.
• bill you and collect money that you owe us.
• enable us to identify breaches of our terms and conditions.
• assist with the identification of fraud.
• answer your query or complaint.
• conduct research and statistical analysis (on an anonymised basis).
• protect and/or enforce our legal rights and interests, including defending any claim.
• respond to lawful requests by public authorities, including to comply with law enforcement requirements.
• for any other purpose authorised by you or applicable law.  

We use a third party service provider to process credit card transactions.  We do not have access to your credit card information.  The name of this third party provider will generally be displayed when you are requested to enter your credit card information.  You can see further information about how they process your credit card information in their privacy policy. 

What legal basis do we have for processing your personal information?

The legal basis for our processing of personal information that we collect, use and disclose depends on the personal information collected and the context in which we collect it.

Generally, we process your personal information:

• where you have given us permission
• where we need to process the information to provide the services you have requested and/or to fulfil our customer agreement with you
• where processing is necessary for the purposes of our legitimate interests (except where such interests are overridden by your interests or fundamental rights and freedoms).  

We may also process your personal information to comply with the law e.g. our tax obligations.

If you have any question about the legal basis on which we process personal information or need further information, please email us.

Who do we share your information with?

Some of the functions of our business are performed by other companies in our group.  We may share your personal information with another company in our group for these purposes.

We may disclose your personal information to any business that supports our services and products, including any person that hosts or maintains any underlying IT system or data centre that we use to provide our website, services and products.

We do not share your personal information with third parties for their own direct marketing purposes. We also do not sell or trade in your personal information for any other reason. However as detailed within Google’s privacy policy they may share information they have collected publicly and with their partners.

Personal information (to avoid doubt, excluding Customer Data) may also be shared with a company that acquires our business, whether through merger, acquisition, bankruptcy, dissolution, reorganization, or other similar transaction or proceeding or with our professional advisers e.g. accountants, lawyers or auditors.

We do not disclose your personal information to any third party other than those described previously or when we have your consent or it is legally required.

How do we secure your information?

We use appropriate technical, organizational and administrative security measures to protect any information we hold from loss, misuse, and unauthorised access, disclosure, alteration and destruction. 

You must prevent unauthorised access to your account by selecting and protecting your password appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account.

Do we use automated decision making or profiling?

We do not use automated decision making or profiling.

How long do we keep your information?

We don’t keep your personal information for longer than required.

We will keep your personal information:

• Until we no longer have a valid reason for keeping it.
• Until you request us to stop using it.
• For as long as required by law e.g. we keep invoice information for 7 years to fulfil our tax obligations.

We may keep just enough of your personal information to ensure that we comply with your requests not to use your personal information or comply with your right to deletion.

Where do we hold your information?

We hold your personal information in the following locations:

• New Zealand
• America
• Canada
• Other global locations where our service providers are located.

We hold most of your information in Shopify in Canada. 

Wherever your information is held we ensure your rights are protected. If you are based in the European Union or the United Kingdom, we:

• Hold your information in Europe and countries with an adequacy decision (note New Zealand is one of these);
• Ensure we have suitable legal contracts; or
• Ensure an alternative legally compliant transfer mechanism is in place.

What are your rights?

If you are based in the European Union or the United Kingdom, you have the following additional rights:

How do I lodge a complaint?

You can complain by writing to:

The Privacy Officer

200 Lakes Boulevard

Pyes Pa

Tauranga 3112

New Zealand.

Or email us.

You also have the right to make a complaint to the New Zealand Office of the Privacy Commissioner. Information about how to lodge a complaint is available on their website.

If you are a resident of the European Union or the United Kingdom you also have the right to make a compliant to your local Supervisory Authority.

Will you change this privacy notice?

We may change this notice from time to time in the future. Any such changes will be posted here and, where appropriate, notified to you in writing. We advise you to check back frequently to see any updates or changes.

This policy was last updated on 14/04/2021.