Effective Date: 1/5/19
Octopi Commerce LLC (“Octopi”, “we”, “us” or “our”) offers certain payments and loyalty services (the “Octopi Services”) to merchants (each a “Merchant”) for the benefit of those Merchants’ customers (each a “Customer”).
The Octopi Services enable a Merchant (i) to process credit and debit cards of Customers, and other forms of electronic payments by Customers (collectively, “Payments”), securely and efficiently, from any computer with internet access, and (ii) to design and send commercial marketing and loyalty offers (“Messages”) to certain Customers. Octopi may provide the Octopi Services individually or jointly, through direct software download or access, or through third party software applications that integrate the Octopi Services. A more detailed explanation of the Octopi Services can be found at Octopi’s website, at https://octopi.com.
Octopi provides Merchants with neutral tools with which to design and develop Messages, and as well provides for their delivery to Customers in a variety of ways – for example, through short message services (“SMS”), email, Facebook, and Twitter. The Octopi Services may include, without limitation: prizes and products; measurements of Customer visits, purchased amounts, and frequency of use; points; flat discounts; stored-value cards; and punchcards.
Types of Information
The following types of information about a Merchant or a Customer are collected by Octopi:
Name, including user name or screen name and password; Postal and/or e-mail address; Mobile, home, fax and/or business telephone (including toll-free) number, service provider name, and the date, time and content of Merchant’s or Customer’s message; Information contained on Facebook, Twitter, and other social media websites; IP Address, and other technical information collected by the servers utilized by Octopi or its vendors; Credit/debit card and other billing information, including cardholder transaction data, card numbers and expiration dates; Taxpayer identification number and certain other identifiable information (such as financial history, when applicable); Information regarding Merchant’s business and owner (such as owner’s name, address, social security number, and e-mail address); Information regarding purchases made by Customers, including, without limitation, products and services purchased, amount and method of payment for purchases, frequency of purchases, dates of purchases, and points; Information about the mobile phone, smartphone. Tablet, PC or other device used to make purchases; Information regarding location; Information regarding the use of Octopi’s and Merchants’ websites; Information regarding the Octopi Services; and Other information provided by a Merchant or Customer to Octopi in any way.
The Octopi Services are not intended for anyone under the age of 18, nor does Octopi knowingly collect or retain information in connection with the Octopi Services from children under the age of 13.
How Information is Collected
Octopi may collect information in the following ways:
Through forms filled out by a Merchants or Customers on Octopi’s website or via websites operated by Merchants, or at Merchant’s physical location; Through SMS messages sent via the Merchant’s or Customer’s cell phone, or through e-mail and other communications by a Merchant and/or Customer; Through telephone calls between Merchants or Customers, on the one hand, and Octopi, on the other hand; Through mobile applications published by Octopi; Through surveys and prize promotion entries; Through referring websites or third parties, such as by Merchants regarding Customers; Through social media websites, such as Facebook Twitter; Through the maintenance and analysis of Web server logs; Through card or other transactions between Merchants and Customers; and
Via “cookies” (small text files placed by Octopi on a Merchant’s computer(s)), single pixel GIF image files (also called “Web beacons”), Web server log analysis and other similar technological means.
We require both the personal social security number of the owner of a Merchant and the Merchant’s federal taxpayer ID to provide the Merchant with a merchant account. We may use the Merchant’s and/or its owner’s name and social security number to request a credit report and to obtain a background report on the Merchant and its business, and on its owner. We take a number of security measures, such as encryption, to protect the privacy of information about the Merchant and its owner.
Information Use and Sharing
We will share information with our affiliates for the purpose of providing the Octopi Services and other services to Merchants and Customers. We will share information with each Merchant regarding that Merchant’s Customers. We will, in some cases, have third parties assist us in providing the Octopi Services, and those third parties will have access to certain of the personally identifiable information provided by you. We may also use information collected, including personal information, and may share such information with, or sell such information to, third parties in the following ways:
To market, operate, monitor and deliver the Octopi Services, such as processing transactions and requests, providing and sending instructions and Messages, measuring interest in the Octopi Services, customizing content, and contacting you;
To determine how Customers interact with the Octopi Services and to which marketing campaigns Customers respond; To analyze Customers’ purchasing preferences on an aggregate and individual level; To market, operate, monitor and deliver any products and/or services that are provided to you by third parties; To enable you to enter promotions and receive prizes from us and/or third parties; To improve or tailor the user experience with regard to the Octopi Services;
To provide information and offers regarding the Octopi Services, as well as other products and services offered by or through us or selected third parties; To allow third parties to market, offer and/or deliver products and services to you;
To provide, sell, or transfer information to a company that acquires, is acquired by, or is merged with or into us; and To identify you.
We may advertise the Octopi Services using a third party, and these third parties may utilize cookies or other technological means within the advertising to collect and utilize non-personal information. We are not responsible for information collected by any such third parties, nor for the collection or use of information by other websites to which the Octopi Services are linked.
Octopi sends information to third parties, which include Merchants and vendors that provide e-mail, SMS, cloud-based and other services. Octopi may also advertise the Octopi Services using third-party vendors, and these vendors may utilize cookies or other technological means within the advertising to collect and utilize non-personal information. Octopi is not responsible for information collected by any such third parties, nor for the collection or use of information by other websites to which the Octopi Services are linked. While Octopi does not sell any information to third parties at this time, you agree that Octopi may do so in the future.
We may collect or store credit/debit card and other billing information. If such credit/debit card and other billing information is collected and/or stored, such credit/debit card and other billing information will be collected and transferred over a secure connection in accordance with applicable regulatory requirements, and is used only for processing underlying transactions. Octopi will share this information only with those directly involved in the processing of the underlying transaction, and who maintain appropriate security measures designed to safeguard such information.
Based upon the personally identifiable information that you provide us, we may send you a welcoming email. We will also communicate with you in response to your inquiries, to provide the Octopi Services, and to manage your account.
We store information that we collect through cookies, log files, and clear gifs to create a “profile” of your preferences. We do not share your profile with other third parties, except that we may share your profile with (i) third parties from whom you receive products or services, and (ii) Merchants for whom you are a Customer.
Octopi may retain any information collected from Merchants and Customers for as long as necessary to provide the Octopi Services to Merchants and Customers, as well as to comply with our legal obligations, resolve disputes, and enforce our agreements.
Choices Re Merchant and Customer Information
If you have provided personally identifiable information to us, we may, from time to time, send you mail, e-mail, or SMS regarding the Octopi Services. We provide you the opportunity to unsubscribe from having your information used for certain purposes, provided that such opportunity may require you to discontinue your use of the Octopi Services and any products related thereto. If you no longer wish to receive promotional communications or our newsletter, or if you wish to unsubscribe from having your information used for certain purposes, you may do so by following the instructions included in each communication or by notifying us by email to email@example.com or by written correspondence sent to:
Octopi Commerce LLC
7000 E. Shea Blvd. Suite E140
Scottsdale, AZ 85254
Your California Privacy Rights
California Civil Code Section 1798.83 permits California residents to request certain information regarding our disclosure of such residents’ personal information to third parties for such third parties’ direct marketing purposes. To make such a request, please e-mail us at: firstname.lastname@example.org.
We take every reasonable precaution to protect the confidentiality and security of your personal information by using industry-recognized security safeguards such as site monitoring, secured networks and servers, firewalls, and encryption. When we ask for sensitive information, we protect it through the use of encryption during transmission, such as SSL (Secure Socket Layer). We regularly test and update our technology to enhance security. No method of transmission over the internet is 100% secure, however. Therefore, while we strive to protect your personal information within industry standards, we cannot guarantee its absolute security.
Our employees are trained and required to safeguard your information. Our strict internal controls limit access to information based on job functionality.
Protection of Cardholder and Customer Data
We are subject to the rules and regulations of credit and debit card associations and networks, such as VISA, MasterCard, American Express, Discover, Accel, NYCE, and Interlink. We are also compliant in regards to the security and safeguarding of cardholder information with “PCI DSS” (Payment Card Industry Data Security Standards), and “CISP” (Cardholder Information Security Program). We comply with all related rules and regulations at all times. We undergo periodic third-party assessments and network scans to ensure that we have installed and maintained a firewall configuration to protect data; encrypt transmission of cardholder data and sensitive information across networks; restrict access of data to those that need to know; track and monitor all access to network resources and cardholder data; regularly test security systems and processes; assign a unique ID to each person with computer access; restrict physical access to cardholder data; and maintain a policy that addresses information security. Additional information regarding these requirements can be found at: http://usa.visa.com
Use of Web Technologies
We employ a software technology called clear gifs (aka web beacons/web bugs), that helps us better manage the content on our site by informing us what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on web pages and are about the size of the period at the end of a sentence. We do not currently tie the information gathered by clear gifs to your personally identifiable information, although you agree that we may do so in the future.
We use clear gifts in our HTML-based emails to let us know which emails have been opened by recipients. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns. If you would like to opt-out of these emails, please see “Choice/Opt-Out”.
As is true of most websites, we gather information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data.
We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users’ movements around the site and to gather demographic information about our user base as a whole.
Do Not Track
When you use one or more of our websites, we may receive “do not track” requests from you, whether via signals from Web browsers or other mechanisms. At this time, we do not respond to such “do not track” requests, although we may choose to do so in the future.
Manage Accurate Information
If your personally identifiable information changes, or if you no longer choose to use the Octopi Services, you can our contact customer service by email (info@Octopi), telephone (844-429-9365) or postal mail at the contact information listed below to assist you with changes to your account.
Octopi Commerce LLC
7000 E. Shea Blvd. Suite E140
Scottsdale, AZ 85254