This “Privacy Policy” explains how Creacuity (“Company” or “we”) collects, uses, discloses, and otherwise processes personal data on behalf of our customers – typically, merchants (any, a “Merchant”) – in connection with our application, Cash Discount and More. This Privacy Policy does not apply to Company’s privacy practices in any other context.

Company’s processing of personal data in connection with our application is governed by this Privacy Policy and our agreements with Merchants. In the event of any conflict between this Privacy Policy and a customer agreement, the customer agreement will control to the extent permitted by applicable law.

This Privacy Policy is not a substitute for any privacy policy that a Merchant may be required to provide to their customers, personnel, or other individuals.

 

Information We Collect

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We may collect personal data from or on behalf of Merchants. Merchants determine the scope of the personal data transferred to us or that we collect, and the information we receive may vary by Merchant. Typically, the information we collect on behalf of Merchants includes:

 

Information that we collect when a Merchant’s customers make a payment

 

When a customer makes a payment, we collect information about the transaction, which may include personal data. Information about transactions includes the payment card used, name associated with the payment card, the location of the merchant’s store, date and time of the transaction, transaction amount, and information about the goods or services purchased in the transaction.

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We may collect additional information ancillary to the payment. This information may include:

            •   Customers’ email address or phone number, such as when the customer chooses to receive an electronic receipt

            •   Customers’ marketing preferences, such as whether the customer wishes to receive marketing communications or newsletters

            •   Information about participating customers’ activity in a merchant loyalty program

            •   Customers’ physical address, where needed for delivery of goods or services

            •   Other information the customer provides, such as birthdate, interests or preferences, reviews, and feedback

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Information that we collect about Merchants’ personnel

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We may collect information about Merchants’ personnel and interactions with the POS, such as clock-in and clock-out time and tips earned.

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Additional information that Merchants provide to us about their customers or personnel

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Merchants may provide us with additional information directly, via access they grant to us, or otherwise. The types of information that merchants may provide to us about their customers include email addresses, phone numbers, and purchase history. The types of information that merchants may provide to us about their personnel include email addresses, phone numbers, shifts, and sales history.

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How We Use the Information We Collect

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We use the personal data we collect for or on behalf of Merchants, to provide our services and the functionality of our application:

We may also use personal data for related internal purposes, including:

            •   To provide information about the application, such as important updates or changes to the application and security alerts

            •   To measure performance of and improve the application

            •   To respond to inquiries, complaints, and requests for customer support

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In addition, Company may use personal data as we believe necessary or appropriate to (a) comply with applicable laws and lawful requests and legal processes, such as to respond to subpoenas or requests from government authorities; (b) enforce the terms and conditions that govern our application; (c) protect our rights, privacy, safety or property, and/or that of you or others; and (d) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity.

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How We Share Information

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We may share personal data that we collect with:

            •   The Merchant from whom or on whose behalf we collected the personal data

            •   The platform on which our application runs.

            •   With third parties as a Merchant may direct

            •   With third party service providers that help us manage and improve the application

            •   With Company subsidiaries and corporate affiliates for the purposes described in this Privacy Policy or in our agreement with a        Merchant

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Company may disclose personal data to government or law enforcement officials or private parties as required by law, and disclose and use such information as we believe necessary or appropriate to (a) comply with applicable laws and lawful requests and legal processes, such as to respond to subpoenas or requests from government authorities; (b) enforce the terms and conditions that govern our application; (c) protect our rights, privacy, safety or property, and/or that of you or others; and (d) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity.

Company may sell or transfer some or all of its business or assets, including your personal data, in connection with a business transaction (or potential business transaction) such as a merger, consolidation, acquisition, reorganization or sale of assets or in the event of bankruptcy, in which case we will make reasonable efforts to require the recipient to honor this Privacy Policy.

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Your Rights and Choices

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Data Subject Rights

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To the extent that applicable law provides individuals with rights pertaining to their personal information, such as to review and request changes to their personal information, individuals should contact the Merchant with any requests pertaining to the Merchant’s use of our application. 

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Complaints

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If you have a complaint about our handling of personal data, you may contact us via the contact information provided below.

 

Updates

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We reserve the right to modify this Privacy Policy at any time. We will notify you of updates by updating the date of this Privacy Policy.

 

Contact Us

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You may contact us with any questions, comments, or complaints, about this Privacy Policy or our privacy practices via:

                            2618 Battleground Ave. 201A

                            Greensboro, NC 27408

                            Phone: (866) 333-0385

                            E-Mail: swishmeal@gmail.com

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Additional Information for Merchants Located in Europe

 

Controller

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Creacuity is a data processor acting for and on behalf of the Merchant. That Merchant is the controller of personal data that we process on its behalf. 

 

Legal Basis for Processing

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Company processes personal data as directed or permitted by the Merchant that uses our application. The Merchant is responsible for establishing a legal basis for our processing of personal data for or on behalf of the Merchant.

 

Cross Border Data Transfer

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When we transfer personal data outside of Europe (or the UK) to countries not deemed by the European Commission to provide an adequate level of protection for personal data, we make the transfer pursuant to one of the following transfer mechanisms:

            •   A contract approved by the European Commission (sometimes called “Model Clauses” or “Standard Contractual Clauses”);

            •   The recipient’s Binding Corporate Rules;

            •   The consent of the individual to whom the personal data relates; or

            •   Other mechanisms or legal grounds as may be permitted under applicable European law.

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You may contact us with questions about our transfer mechanism.

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Data Retention

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Subject to our agreement with a Merchant, Company retains personal data for as long as necessary to (a) provide our products and services; (b) comply with legal obligations; (c) resolve disputes; and (d) enforce the terms of any agreement we may have with a Merchant. You may contact us for additional information about our data retention practices in connection with the application.

 

Data Subject Rights

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Under certain circumstances, data subjects in Europe and the UK have certain rights relating to their personal data, which include the rights to request from the Controller (a) access to the data subject’s personal data; (b) correction of incomplete or inaccurate personal data; (c) erasure of personal data; (d) restriction of processing concerning the data subject; and (e) that the controller provide a copy of the data subject’s personal data that the data subject provided to the controller in a structured, commonly used and machine-readable format. Data subjects may also object to a controller’s processing of personal data under certain circumstances. Where processing is based on a data subject’s consent, the data subject has the right to withdraw consent at any time; however, the withdrawal of consent will not affect the lawfulness of processing based on consent before its withdrawal. Data subjects may also file a complaint with a supervisory authority. You may view contact information for supervisory authorities at https://edpb.europa.eu/about-edpb/board/members_en. Data subjects in Europe or the UK should direct any rights request to the appropriate Controller.

 

Children's Personal Information

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Creacuity does not knowingly collect or solicit any information form anyone under the age of 13.  Cash Discount and More is not directed at children under the age of 13.  In the event that we learn that we have collected personal information from a child under age 13 without parental consent, we will delete that information as quickly as possible.  If you believe that we might have any information from or about a child under 13, please contact us.

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Your California privacy rights

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As a California resident, you have the rights listed below. However, these rights are not absolute, and we may decline your request as permitted by the CCPA.

 •   Information. You can request the following information about how we have collected and used your Personal Information during the past 12 months:

            o   The categories of Personal Information that we have collected.

            o   The categories of sources from which we collected Personal Information.

            o   The business or commercial purpose for collecting and/or selling Personal Information.

            o   The categories of third parties with whom we share Personal Information.

            o   Whether we have disclosed your Personal Information for a business purpose, and if so, the categories of Personal Information received by each category of recipient.

            o   Whether we’ve sold your Personal Information; and, if so, the categories of Personal Information received by each category of recipient.

•   Access. You can request a copy of the Personal Information that we maintain about you.

•   Deletion. You can ask us to delete the Personal Information that we maintain about you.

•   Nondiscrimination. You are entitled to exercise the rights described above free from discrimination. This means that we will not penalize you for exercising your rights by taking actions such as by denying you goods or services, increasing the price/rate of goods or services, decreasing the service quality, or suggesting that we may penalize you as described above for exercising your rights. However, the CCPA allows us to charge you a different price or provide a different service quality if that difference is reasonably related to the value of the Personal Information we are unable to use.

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Cookies

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Cash Discount and More does not use cookies or similar technologies.

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How to exercise your rights

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You may exercise your California privacy rights as follows:

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Right to information, access and deletion

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You can request to exercise your information, access and deletion rights in the following ways:

            •   Call 1-866-333-0385

            •   Identity verification. The CCPA requires us to verify the identity of the individual submitting the request before providing a substantive response to the request. A request must be provided with sufficient detail to allow us to understand, evaluate and respond. The requester must provide sufficient information to allow us to reasonably verify that the individual is the person about whom we collected information. A request may also be made on behalf of your child under 13.

            •   Authorized agents. California residents can empower an “authorized agent” to submit requests on their behalf. We may require the authorized agent to have a written authorization confirming that authority.

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Sale of personal information

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We do not sell, as defined under CCPA, your Personal Information to third parties.

In the preceding twelve (12) months, we have not sold any personal information.

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Personal information that we collect, use and share

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The chart below summarizes our collection, use and sharing of Personal Information during the last 12 months before the effective date of this Privacy Policy. We describe the sources through which we collect your Personal Information in section above titled The Personal Data We Collect, and describe the purposes for which we collect, use, sell and share this information in section above titled How We Use Your Personal Data and The Parties With Whom We Share Your Personal Data.

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