General Terms and Conditions

Last updated: April 19th, 2022

For Merchants

1. This agreement is between:

a. ShoppingOS Inc, a Delaware corporation with company number 32-0665459 and a registered address: 651 N Broad Street, Suite 206, Middletown Delaware, 19709. ShoppingOS Limited., a company registered in England and Wales under number 13967386 whose registered office is at No 7 Bath house, bath street Walsall United Kingdom, WS13DB (“ShoppingOS”)
(Hereinafter collectively referred to as the “Supplier”) and
b. you, a merchant engaging with ShoppingOS to receive and take payments via the ShoppingOS service (the “Merchant Service”).

2. Definitions

a. Merchant Service: All services provided by ShoppingOS which handles payment orders, given through the website of the Organization or any other way, from Customers for products and services of the Organization, by using ShoppingOS Payments, including support services.
b. Account: The account held with ShoppingOS in the name of the Organization for which the Organization or for which ShoppingOS, among other things, enables one or more Payment Methods, records Transactions, and updates balances.
c. Refund: Undoing a transaction, or a request to that effect, made by a Customer of a Financial Institution.
d. Pay with Bank: This is a new online checkout option that lets customers pay merchants directly using the bank app or online mobile account without any intermediaries. Making online checkout easier, faster & more secure.
e. ASPSP: Account Servicing Payment Service Providers provide and maintain payment accounts for payment service users (PSUs).
f. Territory: United Kingdom
g. The site: One or more websites or other services maintained by the Organization, such as apps and other interfaces.
h. Dashboard: A web page made available to the Organization by ShoppingOS via an access code, by which the Organization can view data recorded by ShoppingOS on historical transactions, and where settings relating to the services provided by ShoppingOS to the Organization can be changed.
i. Merchant Bank Account: details for the bank account to which transaction funds will be paid and refunds will be debited
j). KYB Requirements: means the process and documents required by Applicable Law to verify the name of the person/s to whom a business is registered, including but not limited to verification of the company registration, business licence updates, and identity of directors and other owners.

3. Access to the Merchant Service

a. These Terms apply to your use of the Merchant Service, and you are responsible for ensuring that all personnel authorized by you to use the Merchant Service complies with these Terms.
b. The Merchant Service consists of the shoppingos.com website (the “Site”), the software applications, plugins hosted or made available by ShoppingOS, and any other related content and materials, however, you access them, whether via the mobile or tablet app (the “App”) or via the Site. When you sign up for an account with ShoppingOS this is referred to as your “ShoppingOS Account”.
c. Services provided under this Agreement include Pay with Bank Payment Initiation Services
d. The scope of Payment Initiation Services is limited to personal accounts held by End User with the ASPSPs in the Territory and excludes, for the avoidance of doubt, any personal accounts held outside the Territory and/or any business or corporate accounts that may be held by the End User.
e. In the context of Payment Initiation Services, the Supplier is responsible solely for the initiation of the relevant Payment Transactions and is not liable for any missing or delayed funds other than where any delay or missing funds are due to reasons solely within the Supplier’s control.

4. Availability of the Merchant Service

a. In order to set up a ShoppingOS Account you must provide ShoppingOS with basic information about your company as well as ID for your directors and ultimate beneficial owners, in accordance with ShoppingOS “know your business” (KYB) procedures. ShoppingOS will verify this information using third-party verification service providers and decide whether to approve your ShoppingOS Account. If your ShoppingOS Account is approved, ShoppingOS will repeat the verification checks on future occasions and if you fail to provide the information necessary for it to do so, ShoppingOS reserves the right to terminate your ShoppingOS Account.
b. When setting up a ShoppingOS Account you are required to provide the “Merchant Bank Account”. You must only link your ShoppingOS Account with a bank account registered in your name and must not provide bank account details that relate to any other person or entity. You can change your Merchant Bank Account details at any time via your settings.
c. You must only allow your authorized personnel to access ShoppingOS on your behalf. You must, and must make sure that all authorized personnel, treat as confidential the user identification code, password, and any other piece of information generated or selected as part of ShoppingOS’s security procedures, and you must not disclose these to any third party.

5. Availability of the Merchant Service

a. ShoppingOS will always try to ensure that the Merchant Service is available for your use without interruption.
b. You are responsible for making all arrangements necessary for you to have access to the Merchant Service (for example ensuring you have an available internet connection).
c. Availability Objective. The Service will be Available 99.9% of the time (calculated in accordance with the Availability Calculation in clause 4.4 below and with the point of measurement being the Supplier Software), to the extent it is within the Supplier’s Immediate Control.
d. Availability Calculation. Availability shall be calculated based on a calendar month 7 day x 24 hour calculation excluding Scheduled Downtime.The availability calculation will be as follows, in respect of each given calendar month:
((𝑎 − (𝑏 − 𝑐)))/a ∗ 100 Where, a – the total number of hours, b – the total number of hours that service is not Available, and c – the total number of hours of Scheduled Downtime.

6. Fees, transactions and reporting

a.The absolute amounts of Fees payable under this Agreement shall be subject to annual adjustments for inflation
b. The Supplier will issue invoices for the Fees at the time and intervals as set out below:
i). Usage Fee is to be invoiced monthly based on the Transaction Report.
ii). The monthly invoice will cover all Transaction Fees due from you in respect of transactions processed in the previous month.
iii). You can access a report of the transactions you have processed and the Transaction Fee due to ShoppingOS in respect of each (the “Transaction Report”), on the dashboard.
c. Additional agreement might be met with the supplier in regards to trial usage of the Service. Upon this agreement custom fees or zero-feed might be applied.
d. All undisputed invoices shall be payable five (5) days from invoice issue date into the bank account details set out on each invoice.
e. All sums payable under this Agreement are exclusive of VAT or any relevant local sales, withholding and similar taxes, for which the Client shall be responsible.
f. If the Client fails to make any undisputed payment, due to the Supplier under this Agreement by the due date for payment, then, without limiting the Supplier’s remedies under this Agreement, the Client shall pay interest (compounded daily) on the overdue amount at the rate of 5% per annum above the Bank of England’s base rate (www.bankofengland.co.uk/boeapps/iadb/Repo.asp) from time to time. In the event, the Bank of England’s base rate is negative, the interest shall accrue at 5% per annum. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Client shall pay the interest together with the overdue amount.
g. Payments made by the Client shall be applied first to the reduction or discharge of any interest accrued in favor of the Supplier, second to the reduction or discharge of outstanding Fees, thereafter to any other amounts due by the Client to the Supplier.
h. If Supplier makes a change to the rate of the Transaction Fee it will always provide you with prior notice of the change.
i. Once your ShoppingOS Account has been approved and your Merchant Bank Account has been linked to the ShoppingOS Service you will be able to take payments via the Merchant Service. To take payment your authorized personnel will need to register as a merchant, obtain API credentials for test & Live environment.
j. By signing up you automatically agree to these General terms & conditionsIt is your responsibility to review the Transaction Report and notify the Supplier in writing via Hello@shoppingos.com if you think there is an error with any information contained there.

7. Refunds

a. You can issue refunds via the Merchant Service for transactions that were processed using the Merchant Service and ShoppingOS will charge transaction fees for issuing a refund.
b. Funds will be debited from your Merchant Bank Account in order to issue a refund and you are solely responsible for accepting and processing returns of your products and services.
c. Supplier has no responsibility for or obligation to process such returns, or to respond to your customers’ enquiries about returns.

8. Intellectual Property Rights in the Merchant Service

a. Subject to you complying with the terms of this agreement, ShoppingOS grants you a non-exclusive, revocable, non-transferable license, without the right to sublicense, to access and use the Merchant Service for your internal business purposes only intellectual Property Rights in your Merchant Content
b. By using the Merchant Service, you agree to grant ShoppingOS, a non-exclusive, royalty free and worldwide license to use the information, materials, data and other content that you provide via the Merchant Service (“Merchant Content”). ShoppingOS may use, modify, display, distribute and create derivative materials using your Merchant Content for the purpose of providing the Merchant Service to you.
c. The Client acknowledges that all Intellectual Property Rights in the Services belong and shall belong to the Supplier or the relevant third-party owners (as the case may be), and the Client shall have no rights under or in, any patents, copyright, database right, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licenses in respect of the Services or the Documentation other than the right to use them in accordance with the terms of this Agreement.
d. The Supplier warrants that it has all the rights in relation to the Services and the Documentation that are necessary to grant all the rights it purports to grant under, and in accordance with, the terms of this Agreement.
e. The Supplier shall indemnify, defend and hold harmless the Client from and against any claims or actions brought against the Client alleging that the possession or use of the Services or Documentation (or any part thereof) in accordance with the terms of this Agreement infringes the Intellectual Property Rights in the Territory of a third party (each a “Claim”) and in respect of any reasonable losses, damages, costs (including legal fees) and expenses incurred by or awarded against the Client as a result of or in connection with any such Claim. This clause 8e shall not apply where the Claim in question is attributable to the use of the Services (or any part thereof) by the Client other than in accordance with the terms of this Agreement.
f. If any third party makes a Claim, or notifies an intention to make a Claim against the Client, the Client shall:
i). as soon as reasonably practicable, give written notice of the Claim to the Supplier, specifying the nature of the Claim in reasonable detail;
ii). not make any admission of liability, agreement, or compromise in relation to the Claim without the prior written consent of the Supplier (such consent not to be unreasonably conditioned, withheld, or delayed);
iii). give the Supplier and its professional advisers access at reasonable times (on reasonable prior notice) to its premises and its officers, directors, employees, agents, representatives or advisers, and to any relevant assets, accounts, documents, and records within the power or control of the Client, so as to enable the Supplier and its professional advisers to examine them and to take copies (at the Supplier’s expense) for the purpose of assessing the Claim; and
iv). take such action (at the Supplier’s reasonable expense) as the Supplier may reasonably request to avoid, dispute, compromise, or defend the Claim.

9. Use restrictions

a. Use restrictionsWhen using the Merchant Service, it is important that you do not, and you should ensure that your authorized personnel do not:
i). attempt to circumvent password or user authentication methods on the Merchant Service.
ii). reproduce, duplicate, copy or re-sell any part of the Merchant Service other than as permitted by these Terms.
iii). access without authority, interfere with, damage or disrupt any part of the Merchant Service, any equipment or network on which the Merchant Service is stored, or any software used in the provision of the Merchant Service;use the Merchant Service to access without authority, interfere with, damage or disrupt any service, system, equipment, network or software owned or used by any third party;
iv). reverse engineer or reverse compile any of the technology used to provide you with the Merchant Service, including but not limited to, any applications associated with the Merchant Service, the Site, and the App; or Use the Merchant Service:
1). for any purpose that is unlawful under any applicable law or prohibited by these Terms;
2). to commit any act of fraud;
3). to distribute viruses or malware or other similar harmful software code;
4). for purposes of promoting unsolicited advertising or sending spam;
5). to simulate communications from ShoppingOS or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);
6). to promote any unlawful activity; or
7). to represent or suggest that ShoppingOS endorses any other business, product or service unless ShoppingOS has separately agreed to do so in writing.

10. Privacy and personal information

a). Privacy and the protection of personal information are important to ShoppingOS. Any personal information that you provide to ShoppingOS will be dealt with in line with its privacy policy, which amongst other things explains what personal information ShoppingOS collects and how and why it collects, stores, uses and shares such information. The ShoppingOS privacy policy can be accessed here :or by the link in the footer.

11. Warranties
a). By accessing and using the Merchant Service, you acknowledge and agree that your use of the Merchant Service and all information and content included in or accessible from the Merchant Service is provided on an “as is” and “as available” basis. To the fullest extent permissible by law, ShoppingOS disclaims all statutory or implied warranties, representations and conditions including but not limited those as to quality, merchantability, fitness for purpose and non-infringement.
b). Any material downloaded or otherwise obtained through the use of the Merchant Service is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from ShoppingOS.
c). While ShoppingOS aims to ensure that the Merchant Service is accurate, up-to-date and free from bugs, it cannot promise that it will be. Furthermore, it cannot promise that the Merchant Service will be fit or suitable for any purpose. Any reliance that you may place on the information on the Site or plugin is at your own risk.
d). Content is provided for your general information purposes only and to inform you about ShoppingOS and its services and other parties and services that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any of these purposes.
e). ShoppingOS is not a financial adviser, and the Merchant Service is not intended to provide financial advice. ShoppingOS does not make any representations, warranties, or guarantees of any kind that the Merchant Service is appropriate for your business.

12. Limitation of liability

a). This clause sets out the entire liability of ShoppingOS (including any liability for the acts or omissions of its employees, agents and contractors) to you in respect of: any breach of these Terms; any use made by you of the Merchant Service or any part of it; and any representation, statement or tortious act or omission (including negligence) arising under or in connection with the agreement between ShoppingOS and you.
b). Nothing in these Terms excludes any liability that ShoppingOS cannot exclude or limit as a matter of law for example: death or personal injury caused by ShoppingOS’s negligence.
c). Subject to clause:
i). ShoppingOS shall not be liable, whether such liability arises in tort, contract or in any other way (and whether or not caused by negligence or misrepresentation), for any loss or damage caused by a system or network error or failure including an error with a third-party banks’ systems;
ii). any loss or damage caused by an error with the plugin including incorrectly issued rewards or an incorrectly processed payment;
iii). any loss or damage caused by errors or omissions in any of your Merchant Content provided by you to ShoppingOS in connection with the Merchant Service;
iv). any actions taken by ShoppingOS at your direction;
v). loss or corruption of data or information
vi). loss of contract; loss of opportunity;
vii). loss of savings, discount or rebate (whether actual or anticipated);
viii). harm to reputation or loss of goodwill;in each case whether direct or indirect; or
ix). any other consequential, indirect or special loss.

d). ShoppingOS’s total liability shall not exceed an amount equal to the Transaction Fees paid by you to ShoppingOS during the immediately preceding 12 month period.
e). You shall indemnify ShoppingOS in respect of any losses incurred by ShoppingOS arising out of or in connection with a claim by a consumer which relates to your default or non-compliance with these Terms

13. Suspension and termination

a). You have the right to terminate your relationship with ShoppingOS at any time and can do so by deactivating your ShoppingOS Account through the dashboard or by contacting ShoppingOS.
b). ShoppingOS may suspend or terminate operation of the Merchant Service on 14 days’ written notice to you, or at any time if it:
i). receives a customer complaint in relation to your use of the Merchant Service.
ii). reasonably suspects that there is a security threat to the plugin or Merchant Service; or
iii). reasonably suspects that you have failed to comply with any of these Terms.
c). The Agreement Term shall be defined as the period commencing on the Agreement Date and ending on the Renewal Date.
d). The Agreement Term shall auto-renewed if any of the parties does not cancel.
e). The Agreement shall remain in effect during the Agreement Term unless terminated.

14. Force Majeure

a). Notwithstanding any other provision of these Terms, ShoppingOS shall not be deemed to be in breach of these Terms or otherwise liable to you as a result of any delay or other failure in the performance of its obligations under these Terms if and to the extent that such delay or other failure is caused by or arises from any event or circumstance not within the reasonable control of ShoppingOS.

15. Changing these terms

a). ShoppingOS reserves the right to revise these Terms from time to time to comply with law or to meet changing business requirements.
b). ShoppingOS will provide you with two months’ written notice of any change to these Terms either by email, or in the App. By continuing to use the Merchant Service after the change has become effective you will be treated as accepting and agreeing to the updated version of these Terms.If you do not agree to the proposed changes, you can notify ShoppingOS and ShoppingOS will arrange for your ShoppingOS Account to be closed, subject to the rest of these Terms.

16. General

a). Assignment. You may not assign, subcontract or encumber any right or obligation under this agreement, in whole or in part, without ShoppingOS’s prior written consent.
b). Set-off. ShoppingOS may set off any amount you owe it under this agreement or otherwise against any amount that it owes to you. You shall pay all sums that you owe to ShoppingOS under this agreement without any set-off, counterclaim, deduction or withholding of any kind, save as may be required by law.
c). No partnership. Nothing in this agreement constitutes, or shall be deemed to constitute, a partnership between the parties nor make any party the agent of another party.
d). Entire agreement. These Terms set out the entire agreement and understanding between the parties and supersedes any previous agreement between the parties relating to its subject matter. Unless otherwise expressly agreed in writing these Terms will apply in place of and prevail over any terms or conditions contained in or referred to in correspondence or elsewhere or implied by trade custom or course of dealing.
e). Third party rights. No one other than a party to these Terms has any right to enforce any of these Terms.
f). Severance. If a court or relevant authority decides that any of the Terms are unlawful or unenforceable, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
g). Governing law and jurisdiction. These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. Both Parties agree that the courts of England and Wales will have exclusive jurisdiction in relation to any such dispute or claim.

17. Communication

a). If you wish to contact ShoppingOS for any reason, including because you have a complaint, you can do so by:
i). sending an email to hello@shoppingos.com
ii). calling ShoppingOS on the telephone number available on the ShoppingOS website; or
iii). contacting ShoppingOS using its chat function.
b). If ShoppingOS has to contact you or give you notice in writing ShoppingOS will do so by email, SMS or via a notification in the dashboard and any communications will usually be in English.
ShoppingOS will use the email address or telephone number provided during the creation of your ShoppingOS Account and it is your responsibility to ensure that the details held by ShoppingOS are correct.
c). If ShoppingOS becomes aware or suspects that you are affected by fraud or an operational security incident, ShoppingOS will contact you by email, SMS or through the dashboard.
d). It is your responsibility to download the latest software for your device and the latest version of the plugin as soon as made available to help keep your ShoppingOS Account safe.
e). Customer Software Support. The section 15 sets out the Supplier’s obligations in respect of support and maintenance of the Services (“Support and Maintenance Services”):
i). All Support and Maintenance Services will be provided via a support portal, telephone helpline, and/or via email to support@shoppingos.com, provided that if the Client reasonably believes that any failure of the Services to perform in accordance with the Service Description (an “Error State”) is a Priority Level 1 or 2, the Client must report the Error State via Supplier’s Jira service portal.
ii). The Supplier provides the Support and Maintenance Services, in respect of Priority Level 1 or 2 Error States, 24 x 7 every day, and in respect of Priority Level 3 or 4 Error States, during Business Hours on a Business Day (“Standard Support and Maintenance Times”).
iii). Upon receipt and acknowledgement of a report made in accordance with the section

15 (“Initial Contact”) of an Error State, the Supplier shall assign a Priority Level to the Error State in accordance with the following table:
iv). The Supplier will aim to respond to each report of an Error State in accordance with its Priority in accordance with the table below, where “Solution” means either a correction of the Error State or a workaround in relation to the Error State (including a reversal of any changes to the Supplier Software if deemed appropriate by the Supplier) that is reasonably acceptable to the Client. The hours set out below are measured only during Standard Support and Maintenance Times.
b). Limitations. The Supplier is not required to provide any Support and Maintenance Services, relating to Error States, or other problems arising out of use of the Services, in a manner not specified in this Agreement.

c). If the Client requires any additional ad hoc support outside of the scope of Services that the Supplier is contractually bound to supply to the Client, the Supplier may charge the Client for its time in assessing the impact of such request for ad hoc support and fulfilling it at the Supplier’s standard rates, which at the start of the Agreement Term is one thousand Headline Currency Units per full day (or five hundred Headline Currency Units per half day) excluding applicable taxes (“Adhoc Rate”), such rate may be varied by the Supplier from time to time on reasonable notice to the Client.

Privacy Policy

Last updated: April 19th, 2022

Introduction

At Shopping we take your privacy very seriously. Please read this privacy policy carefully as it contains important information on who we are and how and why we collect, store, use and share your personal information. It also explains your rights in relation to your personal information and how to contact us or supervisory authorities in the event you have a complaint. ‍

Who we are 👋

ShoppingOS is a no-code platform for Open Banking payments. Our software as a service platform enables us to deliver the last mile of open banking to merchants, our infrastructure is purposely built to democratize open banking services for everyday life by building upon two layers (the bank’s APIs and the open banking aggregators APIs who takes care of all the technical connections to banks) to provide a complete open banking stack for merchants.Our products & services are operated by ShoppingOS Inc (“we”, “us”, “our” or “ShoppingOS”). We collect, use and are responsible for certain personal information about you as a “data controller” and when we do so we are responsible for that personal information for the purposes of applicable data protection laws.

How to contact Us 💬

Please contact us if you have any questions about this privacy policy or the information we hold about you, using the following contact details: Email: Hello@shoppingos.com
‍Postal address: 651 N Broad Street, Suite 206, Middletown Delaware, 19709 or No 7 Bath house, bath street Walsall United Kingdom, WS13DB.

‍Personal information we collect about you 🤝

‍We collect personal information about you when you access our website, register with us, use our services (either via our plugins or website), contact us, send us feedback or complete customer surveys. We collect this personal information from you either directly, such as when you register with us and use our services, or indirectly, such as your browsing activity while on our website (see “Cookies” below).

We also collect personal information about you from other sources as follows:

Directly from third parties such as:our merchant customers.
Third parties that we engage to monitor visits to our website.
Our payment initiation and data service providers, which we engaged to aggregate your Transaction Data.
From third parties when you have authorised this, such as your banks or building societies; andfrom publicly available sources such as Companies House. From other organisations (such as LinkedIn) where you have already explicitly consented to your information being shared.

The personal information we collect about you depends on the purpose for which you engage with us.

This information includes the following:

‍Identity Data – full name, title, date of birth and gender.
‍Contact Data – address, email address and telephone numbers.
‍Financial Data – bank account details.
‍Transaction Data – details about payments to and from you
‍Technical Data – mobile device ID, internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access our plugins or website
‍Profile Data – your username and password, your interests, and preferences.
‍Usage Data – information about how you use our website, APIs, plugins and services, including survey responses.
‍Marketing and Communications Data – your preferences in receiving marketing from us and our marketing partners and your communication preferences. This personal information is required to provide our services to you. If you do not provide personal information we ask for, it may delay or prevent us from providing services to you.In addition, we do not envisage that we will collect or process any special categories of personal data about you.

‍How and why, we use your personal information 👨👩
‍Under data protection law, we can only use your personal information if we have a legal basis for doing so for example:

Consent: where you have given us clear consent for us to process your personal information for a specific purpose
‍Contract: where our use of your personal information is necessary for a contract we have with you, or because you have asked us to take specific steps before entering into a contract
‍Legal obligation: where our use of your personal information is necessary for us to comply with the law (not including contractual obligations)
‍Legitimate interests: where our use of your personal information is necessary for our legitimate interests or the legitimate interests of a third party (unless there is a good reason to protect your personal information which overrides our legitimate interests) Initiate payments/refunds for goods or services. Provide information to you allowing you to benefit from other services. Carry out any contractual obligations between us. Seek your views and comments on the service that we are providing. Notify you of any changes to our services.

Purposes for which we will use your personal data
‍Purpose/ActivityType of dataType of legal basis for processing including basis of legitimate interest.
To register you as a new user of our services:
(a) Identity
(b) Contact

Performance of a contract with you. To provide our services to you, including:
(a) Aggregating transaction information relating to your accounts held with third party banks or building societies
(b) Making transactions between your third party bank accounts and from your accounts to those of other ShoppingOS users or generating an invitation to join ShoppingOS in order for you to make and receive payments from third parties which are not already ShoppingOS users
(c) Orchestrating payment between different open banking third party providers.
(d) Managing and processing any payments orders, reverse payments, fees and charges
(e) Collecting and recovering money owed to us
(f) Assess your application.
(g) To contact you in relation to your experience with our products and services and to inform you of other new or relevant ShoppingOS products or services.
(h) To perform analyses for statistical and scientific purposes.
(i) To train and assess ShoppingOS employees.
(j) To record evidence (if necessary).
(k) To provide support (such as via e-mail and phone).

To ensure the safety and integrity of the financial sector, for example by identifying, investigating, preventing, and actively countering (attempted) criminal/illegal conduct.
(a)Identity
(b) Contact
(c) Financial
(d) Transaction
(e) Marketing and Communications
(f) Performance of a contract with you
(g) Necessary for our legitimate interests (to recover debts due to us and prevent fraudulent transactions)

To manage our relationship with you which will include:

(a) Notifying you about changes to our services, terms, or privacy policy
(b) Asking you to leave a review or take a survey (i) Identity (ii) Contact (iii) Profile (iv) Marketing and Communications(a) Performance of a contract with you(b) Necessary to comply with a legal obligation (v) Necessary for our legitimate interests (to keep our records updated and to study how customers use our services)

To enable you to complete a survey or provide us with feedback

(a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications (f) Necessary for our legitimate interests (to study how customers use our services, to develop them and grow our business).

To administer and protect our business and plugins (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) (a) Identity (b) Contact (c) Technical (d) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)
(b) Necessary to comply with a legal obligationTo deliver relevant content and marketing materials to you (including advertising which relates to our affiliated merchants and your rewards) and measure or understand the effectiveness of the marketing we send to you
(a) Identity (b) Contact (c) Profile(d) Usage(e) Marketing and Communications
Necessary for our legitimate interests (to define types of customers for our services, to keep our plugins and website updated and relevant, to develop our business and to inform our marketing strategy)

To use data analytics to improve our plugins, website, services, marketing, customer relationships and experiences (a) Technical (b) Usage
Necessary for our legitimate interests (to define types of customers for our services, to keep our plugin and website updated and relevant, to develop our business and to inform our marketing strategy). To make suggestions and recommendations to you about services that may be of interest to you (a) Identity(b) Contact(c) Technical (d) Usage (e) Profile Necessary for our legitimate interests (to develop our services and grow our business).

‍Who we share your personal information with

We routinely share personal information with:third parties we use to help deliver our services to you, such as:identity verification and anti-money laundering check providers. Our payment and data service providers, which we engaged to aggregate your transaction Data, and payment initiation.your banks or building societies, with which you hold accounts that you have authorised us to aggregate via our services.

Other third parties we use to help us run our business, such as: our CRM provider. marketing agencies; and website hosting providers. We only allow our service providers to handle your personal information if we are satisfied, they take appropriate measures to protect your personal information. We also impose contractual obligations on service providers to ensure they can only use your personal information to provide services to us and to you.

We may also share personal information with external auditors, e.g., in relation to the audit of our accounts. We may disclose and exchange information with law enforcement agencies and regulatory bodies to comply with our legal and regulatory obligations. We may also need to share some personal information with other parties, such as potential buyers of some or all our business or during a restructuring. Usually, information will be anonymised, but this may not always be possible. The recipient of the information will be bound by confidentiality obligations.

Transferring your personal information out of the UK and EEA 🌍

To deliver services to you, it may sometimes be necessary for us to share your personal information outside the UK and/or European Economic Area (EEA), however we do not envisage that we will need to do so as all of our third parties hold our data within either the UK or EEA. That said, if we are ever required to transfer your personal data outside of the UK or EEA, we will always ensure the transfer complies with data protection law and all personal information will be secure.If you would like further information, please contact us (see the contact details at the start of this policy).

 

Cookie Policy

Cookies and other tracking technologies 🍪

A cookie is a small text file which is placed onto your device (e.g. computer, smartphone or other electronic device) when you use our App or website. These help us recognise you and your device and store some information about your preferences or past actions. For further information on cookies, our use of cookies, when we will request your consent before placing them and how to disable them, please see our Cookie Policy.

Marketing 🛒

We may use your personal information to send you updates (by email, text message, telephone or post) about our services, including exclusive offers, promotions or new services. Where we have your consent or it is in our legitimate interests to do so, we may do this by post, email, telephone, text message (SMS) or automated call.

We will help third party merchants to deliver relevant advertising content to you where you have agreed to receive this, however we will always treat your personal information with the utmost respect and never sell or share it with other organisations for marketing purposes.If you have given your consent to receive marketing communications, or it is in our legitimate interests to send them because you are not a consumer or you are a consumer that has previously purchased similar services from us, you always have the right to opt out of receiving further promotional communications by: contacting us at hello@shoppinos.com; or updating your marketing preferences in the plugin page; or using the ‘unsubscribe’ link in emails. We may ask you to confirm or update your marketing preferences if there are changes in the law, regulation, or the structure of our business.

Please note that we may also send you other communications in relation to your use of the services or to respond to queries you have raised, such communications are service communications and are not a form of marketing.

Your rights 📜

You have the following rights, which you can exercise free of charge:
‍Access: The right to be provided with a copy of your personal information (the right of access)
‍Rectification: The right to require us to correct any mistakes in your personal information
‍To be forgotten: The right to require us to delete your personal information—in certain situations
‍Restriction of processing: The right to require us to restrict processing of your personal information—in certain circumstances, e.g., if you contest the accuracy of the data
‍Data portability: The right to receive the personal information you provided to us, in a structured, commonly used, and machine-readable format and/or transmit that data to a third party—in certain situations
‍To object: The right to object: —at any time to your personal information being processed for direct marketing (including profiling); —in certain other situations to our continued processing of your personal information, e.g., processing carried out for the purpose of our legitimate interests. Not to be subject to automated individual decision making. The right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you.

For further information on each of those rights, including the circumstances in which they apply, please contact us or see the guidance provided by the UK Information Commissioner’s Office (ICO) on individuals’ rights.If you would like to exercise any of those rights, please:email or write to us — see contact details at the start of this policy. Let us have enough information to identify you e.g., your full name, email address and account information.let us have proof of your identity (i.e., a copy of your driving licence or passport); andlet us know what right you want to exercise and the information to which your request relates.

How long your personal information will be kept ⌛️

We will not retain your personal information for longer than necessary for the purposes set out in this policy. Different retention periods apply for different types of personal information. When it is no longer necessary to retain your personal information, we will delete or anonymise it. As an indication, if you purchase services from us, we will keep your personal information while we are providing such services. Thereafter, we will keep your personal information for as long as is necessary:to respond to any questions, complaints or claims made by you or on your behalf.to show that we treated you fairly; and to keep records required by law.

Keeping your personal information secure 🔐

We have appropriate security measures to prevent personal information from being accidentally lost or used or accessed unlawfully. We limit access to your personal information to those who have a genuine business need to access it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.All data that we receive from your banks or building societies will be stored in encrypted databases using encrypted tokens. We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.

How to complain ✉️

We hope that we can resolve any queries or concerns you may raise about our use of your personal information.Applicable data protection laws also give you the right to lodge a complaint with a supervisory authority, in the European Union (or European Economic Area) state where you work, normally live or where any alleged infringement of data protection laws occurred. The supervisory authority in the UK is the Information Commissioner who may be contacted at https://ico.org.uk/make-a-complaint/your-personal-information-concerns.

Changes to this privacy policy

This privacy policy was last updated in March 2022. We keep our privacy policy under regular review to make sure it is up to date and accurate. If we change our privacy policy from time to time, we will post the details of any changes here. We may also take reasonable steps to notify you if such changes affect how your personal data is processed.

User policy

‍This document describes how we use technologies such as cookies, web beacons, browser local storage and device fingerprinting (together “tracking technologies”) on the site, and your choices regarding this use. What type of tracking technologies do we use?The tracking technologies we use typically enhance our services towards you. Some of the functionalities we offer on our site actually need tracking technologies to work at all, other tracking technologies simply make our services smoother for you. We categorize the tracking technologies we use as follows:

‍Necessary tracking technologies

These tracking technologies are necessary for the website to function and can’t be switched off in our systems. You can set your browser to block or alert you about these tracking technologies, but it could result in parts of the site not working properly. Example of data collected: Your preferences when it comes to the use of tracking technologies on shoppingos.com, ensure that you are always presented with the correct interface and when you last changed those preferences.

Retention period

Up to 1 year, as of your last visit. All the necessary tracking technologies are set by ShoppingOS and not by any third party except for AB Tasty which is set by a third party. AB Tasty’s privacy policy can be viewed here.

Does ShoppingOS share the collected data with a company that may use it for its own purposes? No.

Performance tracking technologies

These tracking technologies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us know which pages are the most and least popular, and see how visitors move around the site. They also help us understand where our users are coming from. If these tracking technologies are declined, no user specific information related to our site performance will be stored.

You can choose to not give consent to the tracking technologies in this category. Example of data collected: What pages you browse or the time you spent on the page, what type of device you use, how long it took to load a page and what country you are browsing from. Retention period: Up to 3 years, as of your last visit. All the performance tracking technologies are set by ShoppingOS except Hotjar which is set by a third party. Hotjar’s Privacy policy can be found here. We also use Google Analytics, you can find their terms here. Does ShoppingOS share the collected data with a company that may use it for its own purposes? No.

Targeting tracking technologies

These tracking technologies may be set and used by our advertising partners to build a profile of your interests and show you relevant adverts on other sites. They don’t store personal data, but are based on uniquely identifying your browser and internet device. If you don’t allow these tracking technologies, you will experience less targeted advertising. You can choose to not give consent to the tracking technologies in this category. Example of data collected: Behavioral data, e.g. what actions you took. Demographic data, e.g. which country or city you were browsing from. Retention period: Up to 180 days, as of your last visit. All targeting tracking technologies are set by ShoppingOS except Google Doubleclick. Google’s Privacy policy can be found here.

Does ShoppingOS share the collected data with a company that may use it for its own purposes?
Yes, and their privacy policies can be found here: Google Marketing Platform, LinkedIn, Facebook, Bing, Semasio, Snapchat.


How can you control the use of tracking technologies on the site?

Your browser or device will typically offer settings regarding the use of tracking technologies. For example, you may be able to block all tracking technologies, accept only first-party tracking technologies, or delete all tracking technologies on your browser.
We encourage you to review our Privacy policy for further information on the processing of your personal data. Contact us You can always reach us at hello@shoppingos.com. ShoppingOS is the responsible entity (data controller) for the processing of your personal data as described above. Visit www.shoppingos.com for further information on ShoppingOS.

This tracking technology notice for shoppingos.com was last updated on 14th March 2022.

Merchant Agreement

Relating to the provision of payment initiation and other services

Between the following parties:

ShoppingOS, Inc a company registered in the State of Delaware, USA under number 320665459 whose registered office is at 651 N Broad Street, Suite 206, Middletown, Delaware, 19709.
ShoppingOS Limited., a company registered in England and Wales under number 13967386 whose registered office is at No 7 Bath house, bath street Walsall United Kingdom, WS13DB.
(Hereinafter collectively referred to as the “Supplier”)

And

Your registered company in United Kingdom (Hereinafter referred to as the “Client”)
Hereinafter collectively referred to as the “Parties” and individually as a/the “Party”.

Key terms

Scope: The Supplier shall provide:

  • ‍Client with pay-with-bank Payment Initiation Services technology and [eCommerce Platform] no-code plugin, and API available for use, and related Professional Services for the Client; and
  • End Users with Payment Initiation Services and Account Information Services. (Together referred to as the “Services”) subject to payment of the Fees set out in the Section 3 below.
  • The Services are provided by: Supplier for the use by the Client and the End Users solely in the United Kingdom.

2. Term

  • The Agreement shall come into force on the “Agreement Date” and, subject to the General Terms and Conditions (the “GTC”), shall automatically be renewed unless terminated by either supplier or the client in accordance with clause 13 (Term) of the GTC.

3. Fees and invoicing

  • The Headline Currency Unit for this Agreement shall be GBP
  • Payment Initiation Services, Account Information Services and related

Professional Services shall be provided under the Premium Service Plan and the Fees payable in consideration for these services shall comprise:

  • ‍Transaction Fee of £0.50p per transaction, paid upon monthly invoicing.
  • Professional Services Fee of £ nil.
  • The following details shall be used for the purposes of invoicing by the Supplier.

This Agreement has been entered into on the Agreement Date, upon digital acceptance of the merchant agreement.

Cookie Policy

Cookies and other tracking technologies 🍪

A cookie is a small text file which is placed onto your device (e.g. computer, smartphone or other electronic device) when you use our App or website. These help us recognise you and your device and store some information about your preferences or past actions. For further information on cookies, our use of cookies, when we will request your consent before placing them and how to disable them, please see our Cookie Policy.

Marketing 🛒

We may use your personal information to send you updates (by email, text message, telephone or post) about our services, including exclusive offers, promotions or new services. Where we have your consent or it is in our legitimate interests to do so, we may do this by post, email, telephone, text message (SMS) or automated call.

We will help third party merchants to deliver relevant advertising content to you where you have agreed to receive this, however we will always treat your personal information with the utmost respect and never sell or share it with other organisations for marketing purposes.If you have given your consent to receive marketing communications, or it is in our legitimate interests to send them because you are not a consumer or you are a consumer that has previously purchased similar services from us, you always have the right to opt out of receiving further promotional communications by: contacting us at hello@shoppinos.com; or updating your marketing preferences in the plugin page; or using the ‘unsubscribe’ link in emails. We may ask you to confirm or update your marketing preferences if there are changes in the law, regulation, or the structure of our business.

Please note that we may also send you other communications in relation to your use of the services or to respond to queries you have raised, such communications are service communications and are not a form of marketing.

Your rights 📜

You have the following rights, which you can exercise free of charge:
‍Access: The right to be provided with a copy of your personal information (the right of access)
‍Rectification: The right to require us to correct any mistakes in your personal information
‍To be forgotten: The right to require us to delete your personal information—in certain situations
‍Restriction of processing: The right to require us to restrict processing of your personal information—in certain circumstances, e.g., if you contest the accuracy of the data
‍Data portability: The right to receive the personal information you provided to us, in a structured, commonly used, and machine-readable format and/or transmit that data to a third party—in certain situations
‍To object: The right to object: —at any time to your personal information being processed for direct marketing (including profiling); —in certain other situations to our continued processing of your personal information, e.g., processing carried out for the purpose of our legitimate interests. Not to be subject to automated individual decision making. The right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you.

For further information on each of those rights, including the circumstances in which they apply, please contact us or see the guidance provided by the UK Information Commissioner’s Office (ICO) on individuals’ rights.If you would like to exercise any of those rights, please:email or write to us — see contact details at the start of this policy. Let us have enough information to identify you e.g., your full name, email address and account information.let us have proof of your identity (i.e., a copy of your driving licence or passport); andlet us know what right you want to exercise and the information to which your request relates.

How long your personal information will be kept ⌛️

We will not retain your personal information for longer than necessary for the purposes set out in this policy. Different retention periods apply for different types of personal information. When it is no longer necessary to retain your personal information, we will delete or anonymise it. As an indication, if you purchase services from us, we will keep your personal information while we are providing such services. Thereafter, we will keep your personal information for as long as is necessary:to respond to any questions, complaints or claims made by you or on your behalf.to show that we treated you fairly; and to keep records required by law.

Keeping your personal information secure 🔐

We have appropriate security measures to prevent personal information from being accidentally lost or used or accessed unlawfully. We limit access to your personal information to those who have a genuine business need to access it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.All data that we receive from your banks or building societies will be stored in encrypted databases using encrypted tokens. We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.

How to complain ✉️

We hope that we can resolve any queries or concerns you may raise about our use of your personal information.Applicable data protection laws also give you the right to lodge a complaint with a supervisory authority, in the European Union (or European Economic Area) state where you work, normally live or where any alleged infringement of data protection laws occurred. The supervisory authority in the UK is the Information Commissioner who may be contacted at https://ico.org.uk/make-a-complaint/your-personal-information-concerns.

Changes to this privacy policy

This privacy policy was last updated in March 2022. We keep our privacy policy under regular review to make sure it is up to date and accurate. If we change our privacy policy from time to time, we will post the details of any changes here. We may also take reasonable steps to notify you if such changes affect how your personal data is processed.

User policy

‍This document describes how we use technologies such as cookies, web beacons, browser local storage and device fingerprinting (together “tracking technologies”) on the site, and your choices regarding this use. What type of tracking technologies do we use?The tracking technologies we use typically enhance our services towards you. Some of the functionalities we offer on our site actually need tracking technologies to work at all, other tracking technologies simply make our services smoother for you. We categorize the tracking technologies we use as follows:

‍Necessary tracking technologies

These tracking technologies are necessary for the website to function and can’t be switched off in our systems. You can set your browser to block or alert you about these tracking technologies, but it could result in parts of the site not working properly. Example of data collected: Your preferences when it comes to the use of tracking technologies on shoppingos.com, ensure that you are always presented with the correct interface and when you last changed those preferences.

Retention period

Up to 1 year, as of your last visit. All the necessary tracking technologies are set by ShoppingOS and not by any third party except for AB Tasty which is set by a third party. AB Tasty’s privacy policy can be viewed here.

Does ShoppingOS share the collected data with a company that may use it for its own purposes? No.

Performance tracking technologies

These tracking technologies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us know which pages are the most and least popular, and see how visitors move around the site. They also help us understand where our users are coming from. If these tracking technologies are declined, no user specific information related to our site performance will be stored.

You can choose to not give consent to the tracking technologies in this category. Example of data collected: What pages you browse or the time you spent on the page, what type of device you use, how long it took to load a page and what country you are browsing from. Retention period: Up to 3 years, as of your last visit. All the performance tracking technologies are set by ShoppingOS except Hotjar which is set by a third party. Hotjar’s Privacy policy can be found here. We also use Google Analytics, you can find their terms here. Does ShoppingOS share the collected data with a company that may use it for its own purposes? No.

Targeting tracking technologies

These tracking technologies may be set and used by our advertising partners to build a profile of your interests and show you relevant adverts on other sites. They don’t store personal data, but are based on uniquely identifying your browser and internet device. If you don’t allow these tracking technologies, you will experience less targeted advertising. You can choose to not give consent to the tracking technologies in this category. Example of data collected: Behavioral data, e.g. what actions you took. Demographic data, e.g. which country or city you were browsing from. Retention period: Up to 180 days, as of your last visit. All targeting tracking technologies are set by ShoppingOS except Google Doubleclick. Google’s Privacy policy can be found here.

Does ShoppingOS share the collected data with a company that may use it for its own purposes?
Yes, and their privacy policies can be found here: Google Marketing Platform, LinkedIn, Facebook, Bing, Semasio, Snapchat.


How can you control the use of tracking technologies on the site?

Your browser or device will typically offer settings regarding the use of tracking technologies. For example, you may be able to block all tracking technologies, accept only first-party tracking technologies, or delete all tracking technologies on your browser.
We encourage you to review our Privacy policy for further information on the processing of your personal data. Contact us You can always reach us at hello@shoppingos.com. ShoppingOS is the responsible entity (data controller) for the processing of your personal data as described above. Visit www.shoppingos.com for further information on ShoppingOS.

This tracking technology notice for shoppingos.com was last updated on 14th March 2022.