Polar Privacy Policy

At Polar Software, we take your privacy seriously. Please read this Privacy Policy to learn how we treat your personal data. By using or accessing our billing infrastructure platform (the “Services”) in any manner, you acknowledge that you accept the practices and policies outlined below, and you hereby consent that we will collect, use and share your information as described in this Privacy Policy.

Remember that your use of Polar Software's Services is at all times subject to our Master Services Terms and/or Checkout Buyer Terms, as applicable (the “Terms”) which incorporate this Privacy Policy. Any terms we use in this Policy without defining them have the definitions given to them in the Terms.

What this Privacy Policy Covers

This Privacy Policy covers how we treat Personal Data that we gather when you access or use our Services. “Personal Data” means any information that identifies or relates to a particular individual and also includes information referred to as “personally identifiable information” or “personal information” under applicable data privacy laws, rules or regulations. This Privacy Policy does not cover the practices of companies we don’t own or control or people we don’t manage.

Personal Data

Categories of Personal Data We Collect

This chart details the categories of Personal Data that we collect and have collected over the past 12 months:

Categories of Sources of Personal Data

We collect Personal Data about you from the following categories of sources:

You

When you provide such information directly to us.

• When you create an account or use our interactive tools and Services.
• When you voluntarily provide information in free-form text boxes through the Services or through responses to surveys or questionnaires.
• When you send us an email or otherwise contact us.

When you use the Services and such information is collected automatically.

• Through Cookies (defined in the “Tracking Tools and Opt-Out” section below).
• We may collect and analyze website visitor information including but not limited to (a) browser type; (b) ISP or operating system; (c) domain name; (d) access time; (e) referring or exit pages; (f) page views; (g) IP address; (h) unique device identifiers (e.g. IDFA or Android ID); and (i) the type of device that you use.
• If you download and install certain applications and software we make available, we may receive and collect information transmitted from your computing device for the purpose of providing you the relevant Services, such as information regarding when you are logged on and available to receive updates or alert notices.

Third Parties

Advertising and Marketing

• We may use vendors and third party data providers to obtain information to generate leads and create user or prospective user profiles.

• We receive information about you from some of our advertising services vendors who assist us with marketing or promotional services related to how you interact with our advertisements or marketing communications.

Social Networks

• If you provide your social network account credentials to us or otherwise sign in to the Services through a third-party site or service, some content and/or information in those accounts may be transmitted into your account with us.

• When you “like” or “follow” us on LinkedIn or other social media sites, we may collect some information from you including your name, profile information and any comments or content you post relevant to us. We may also collect your information if you sign up for one of our promotions or submit information to us through social media sites.

Our Commercial or Business Purposes for Collecting Personal Data

Providing, Customizing and Improving the Services

• Creating and managing your account or other user profiles.
• Processing orders or other transactions; billing.
• Providing you with the products, services or information you request.
• Meeting or fulfilling the reason you provided the information to us.
• Providing support and assistance for the Services.
• Improving the Services, including testing, research, internal analytics and product development.
• Personalizing the Services, website content and communications based on your preferences.
• Doing fraud protection, security and debugging.

Marketing the Services

• Marketing and selling the Services.

Corresponding with You

• Responding to correspondence that we receive from you, contacting you when necessary or requested, and sending you information about Polar Software or the Services.
• Sending emails and other communications according to your preferences or that display content that we think will interest you.

Meeting Legal Requirements and Enforcing Legal Terms

• Fulfilling our legal obligations under applicable law, regulation, court order or other legal process, such as preventing, detecting and investigating security incidents and potentially illegal or prohibited activities.
• Protecting the rights, property or safety of you, Polar Software or another party.
• Enforcing any agreements with you.
• Responding to claims that any posting or other content violates third-party rights.
• Resolving disputes.

We will not collect additional categories of Personal Data or use the Personal Data we collected for materially different, unrelated or incompatible purposes without receiving your consent.

How We Disclose Your Personal Data

We disclose your Personal Data to the categories of service providers and other parties listed in this section. Depending on U.S. state laws that may be applicable to you, some of these disclosures may constitute a “sale” of your Personal Data. For more information, please refer to the state-specific sections below.

Service Providers. These parties help us provide the Services or perform business functions on our behalf. They include:

• Hosting, technology and communication providers.
• Security and fraud prevention consultants.
• Support and customer service vendors.
• Product fulfillment and delivery providers.
• Payment processors.
  • Our payment processing partner Stripe, Inc. (“Stripe”) collects your voluntarily-provided payment card information necessary to process your payment.
    • Please see Stripe’s terms of service and privacy policy for information on its use and storage of your Personal Data.

Analytics Partners. These parties provide analytics on web traffic or usage of the Services. They include:

• Companies that track how users found or were referred to the Services.
• Companies that track how users interact with the Services.

Advertising and Marketing Services.

• We use third party advertising and marketing services that may receive information about our customers and website visitors, including through the use of cookies and other tracking technologies.
• We use third party data providers to help us enrich information about our current and prospective customers.

Business Partners. These parties partner with us in offering various services. They include:

• Businesses that you have a relationship with.
• Companies that we partner with to offer joint promotional offers or opportunities.

Parties You Authorize, Access or Authenticate

• Third parties you access through the Services.
• Social media services.
• Other users.

Legal Obligations

We may disclose any Personal Data that we collect with third parties in conjunction with any of the activities set forth under “Meeting Legal Requirements and Enforcing Legal Terms” in the “Our Commercial or Business Purposes for Collecting Personal Data” section above.

Business Transfers

All of your Personal Data that we collect may be transferred to a third party if we undergo a merger, acquisition, bankruptcy or other transaction in which that third party assumes control of our business (in whole or in part). Should one of these events occur, we will make reasonable efforts to notify you before your information becomes subject to different privacy and security policies and practices.

Data that is Not Personal Data

We may create aggregated, de-identified or anonymized data from the Personal Data we collect, including by removing information that makes the data personally identifiable to a particular user. We may use such aggregated, de-identified or anonymized data and share it with third parties for our lawful business purposes, including to analyze, build and improve the Services and promote our business, provided that we will not share such data in a manner that could identify you.

PRIVACY CHOICES

We provide you with the following choices with our use of your personal data:

• Access or correct the personal information we maintain about you.
• Delete the personal information we maintain about you. Please note we may be required by law to retain certain information in compliance with accounting, tax or other legal obligations.
• Opt out of certain uses of your personal information, notably marketing emails. To opt out of marketing e-mail communications, you may click the ‘unsubscribe’ link in the marketing emails.

Cookies, Tracking Tools and Opt-Out Choices

The Services use cookies and similar technologies such as pixel tags, web beacons, clear GIFs and JavaScript (collectively, “Cookies”) to enable our servers to recognize your web browser, tell us how and when you visit and use our Services, analyze trends, learn about our user base and operate and improve our Services. Cookies are small pieces of data– usually text files – placed on your computer, tablet, phone or similar device when you use that device to access our Services. We may also supplement the information we collect from you with information received from third parties, including third parties that have placed their own Cookies on your device(s).

We use the following types of Cookies:

• Essential Cookies. Essential Cookies are required for providing you with features or services that you have requested. For example, certain Cookies enable you to log into secure areas of our Services. Disabling these Cookies may make certain features and services unavailable.
• Functional Cookies. Functional Cookies are used to record your choices and settings regarding our Services, maintain your preferences over time and recognize you when you return to our Services. These Cookies help us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
• Performance/Analytical Cookies. Performance/Analytical Cookies allow us to understand how visitors use our Services. They do this by collecting information about the number of visitors to the Services, what pages visitors view on our Services and how long visitors are viewing pages on the Services. Performance/Analytical Cookies also help us measure the performance of our advertising campaigns in order to help us improve our campaigns and the Services’ content for those who engage with our advertising. For example, Google LLC (“Google”) uses cookies in connection with its Google Analytics services. Google’s ability to use and share information collected by Google Analytics about your visits to the Services is subject to the Google Analytics Terms of Use and the Google Privacy Policy. You have the option to opt out of Google’s use of Cookies by visiting the Google advertising opt-out page at www.google.com/privacy\_ads.html or the Google Analytics Opt-out Browser Add-on at https://tools.google.com/dlpage/gaoptout/.

You can decide whether or not to accept Cookies by visiting the ‘Cookie Preferences’ link in our website footer, or through controls in your internet browser’s settings. Most browsers have an option for turning off the Cookie feature, which will prevent your browser from accepting new Cookies, as well as (depending on the sophistication of your browser software) allow you to decide on acceptance of each new Cookie in a variety of ways. You can also delete all Cookies that are already on your device. If you do this, however, you may have to manually adjust some preferences every time you visit our website and some of the Services and functionalities may not work.

To explore what Cookie settings are available to you, look in the “preferences” or “options” section of your browser’s menu. To find out more information about Cookies, including information about how to manage and delete Cookies, please visit http://www.allaboutcookies.org/ or https://ico.org.uk/for-the-public/online/cookies/ if you are located in the European Union.

Data Security and Retention

We seek to protect your Personal Data from unauthorized access, use and disclosure using appropriate physical, technical, organizational and administrative security measures based on the type of Personal Data and how we are processing that data. You should also help protect your data by appropriately selecting and protecting your password and/or other sign-on mechanism; limiting access to your computer or device and browser; and signing off after you have finished accessing your account. Although we work to protect the security of your account and other data that we hold in our records, please be aware that no method of transmitting data over the internet or storing data is completely secure.

We retain Personal Data about you for as long as you have an open account with us or as otherwise necessary to provide you with our Services. In some cases, we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. We may further retain information in an anonymous or aggregated form where that information would not identify you personally.

Personal Data of Children

As noted in the Terms, we do not knowingly collect or solicit Personal Data about children under 13 years of age. If you are a child under the age of 13, please do not attempt to register for or otherwise use the Services or send us any Personal Data. If you believe that a child under 13 years of age may have provided Personal Data to us, please contact us at privacy@polar.sh.

Additional U.S. State Law Privacy Rights

Some U.S. states have enacted comprehensive privacy laws. The California Consumer Privacy Act, as amended by the California Privacy Rights Act or “CPRA” (collectively, the “CCPA”), the Virginia Consumer Data Protection Act (“VCDPA”), the Colorado Privacy Act (“CPA”), the Connecticut Data Privacy Act (“CTDPA”), the Utah Consumer Privacy Act (“UCPA”), the Oregon Consumer Privacy Act (“OCPA”), the Texas Data Privacy and Security Act (“TDPSA”), the Florida Digital Bill of Rights (“FDBR”), the Montana Consumer Data Privacy Act (“MTCDPA”), the Iowa Consumer Data Protection Act (“IADPA”), the Delaware Personal Data Privacy Act (“DEPDPA”), the Nebraska Data Privacy Act (“NEDPA”), the New Hampshire Privacy Act (“NHPA”), the New Jersey Data Privacy Act (“NJDPA”), the Tennessee Information Protection Act (“TNIPA”), the Minnesota Consumer Data Privacy Act (“MNCDPA”), the Maryland Online Data Privacy Act (“MDODPA”), the Indiana Consumer Data Protection Act (“INCDPA”), the Kentucky Consumer Data Protection Act (“KYCDPA”), and the Rhode Island Data Transparency and Privacy Protection Act (“RIDTPPA”) create additional privacy obligations for businesses and provide their residents with additional privacy rights.

In addition to the rights granted in ‘Your Privacy Choices’ above, if you are a resident of the above states, you may have the right to:

Know The Categories of Collected Personal Information. For details about the personal information we have collected over the last twelve months, including the categories of sources, please see the ‘Personal Information We Collect’ section above. We collect this information for the business and commercial purposes described in the ‘How We Use Your Personal Information’ section above. We disclose this information with the categories of third parties described in the ‘How We Disclose Your Personal Information’ section above.

Opt out of the ‘sale’ or ‘share’ of your personal information for targeted or cross-contextual advertising. We do not ‘sell’ or ‘share’ your personal information for monetary benefit. However, some third party cookies placed on our Website may be considered a ‘sale’ or ‘share’ under these privacy laws. You may opt out of such cookies as detailed in ‘Use Of Cookies and Tracking Technologies’ section (above).

Additional Categories of third parties to whom personal information was disclosed that may be considered a ‘sale’ or ‘share’ include our business partners with whom we may engage in joint marketing or business development purposes. You may opt out of such uses by emailing privacy@polar.sh

Sensitive personal information. We may process sensitive personal information on behalf of our Customers as regulated by these state privacy laws. If you are an end user associated with one of our Customers, and you would like to fulfill your rights to the sensitive personal information we maintain about you on behalf of that Customer, we encourage you to exercise these rights by reviewing the Customer’s privacy policy to determine the correct contact method for that Customer. Alternatively, if you email us at privacy@polar.sh and identify the Customer that is utilizing our Services, we can forward your request to the appropriate contact.

Appeal:

If we deny your privacy request, you may appeal that decision by emailing us at privacy@polar.sh. We will respond to your appeal within a reasonable period of time and as required by law. If, after we have processed your appeal, you are still unsatisfied with our response, you have the right to file a complaint with your state attorney general.

European Union and United Kingdom Data Subject Rights

EU and UK Residents

If you are a resident of the European Union (“EU”), Lichtenstein, Norway, Iceland (collectively, the “EEA”), or the United Kingdom (“UK”), you may have additional rights under the EU or UK General Data Protection Regulation (the “GDPR”) with respect to your Personal Data, as outlined below.

For this section, we use the terms “Personal Data” and “processing” as they are defined in the GDPR, but “Personal Data” generally means information that can be used to individually identify a person, and “processing” generally covers actions that can be performed in connection with data such as collection, use, storage and disclosure. Polar Software will be the controller of your Personal Data processed in connection with the Services.

Legal Bases

We will only process your Personal Data if we have a lawful bases for doing so. Lawful bases for processing are described below.

Controller / Processor Designation

Under the GDPR, we are designated as a Processor with respect to information collected or processed to provide the Services. We are designated as a Controller with respect to all other information collected through our website or customer-facing activities.

Data Subject Rights

Under the GDPR, data subjects have certain rights with respect to your Personal Data, including those set forth above. For more information about these rights, or to submit a request, please email us at privacy@polar.sh. Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision. In some cases, we may also need you to provide us with additional information, which may include Personal Data, if necessary to verify your identity and the nature of your request.

Access: You can request more information about the Personal Data we hold about you and request a copy of such Personal Data. You can also access certain of your Personal Data by logging on to your account.

Rectification: If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data. You can also correct some of this information directly by logging on to your account.

Erasure: You can request that we erase some or all of your Personal Data from our systems.

Withdrawal of Consent: If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time (eg; through our ‘Cookie Preferences’ link in our website footer.). Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Data, if such use or disclosure is necessary to enable you to utilize some or all of our Services.

Portability: You can ask for a copy of your Personal Data in a machine-readable format. You can also request that we transmit the data to another controller where technically feasible.

Objection: You can contact us to let us know that you object to the further use or disclosure of your Personal Data for certain purposes, such as for direct marketing purposes.

Restriction of Processing: You can ask us to restrict further processing of your Personal Data.

Right to File Complaint: You have the right to lodge a complaint about Polar Software's practices with respect to your Personal Data with the supervisory authority of your country or EU Member State. A list of Supervisory Authorities is available here: https://edpb.europa.eu/about-edpb/board/members_en.

Transfers of Personal Data

We may transfer to, and store the data we collect about you, in countries other than the country in which the data was originally collected, including the United States, Canada or other destinations outside the EEA and the UK. Those countries may not have equivalent data protection laws as the country in which you provided the data. When we transfer your data to other countries, we will protect the data as described in this Privacy Policy and applicable supplemental product privacy policy and comply with applicable legal requirements providing adequate protection for the transfer of data to countries outside the EEA or UK. If you are located in the EEA or UK, we will only transfer your Personal Data if:

• The country to which the Personal Data will be transferred has been granted a European Commission adequacy decision; or
• We have put in place appropriate safeguards in respect of the transfer, for example we have entered into the Standard Contractual Clauses adopted by the European Commission and required additional safeguards with the recipient, or the recipient is a party to binding corporate rules approved by a supervisory authority.

Changes to this Privacy Policy

We’re constantly trying to improve our Services, so we may need to change this Privacy Policy from time to time, but we will alert you to any such changes by placing a notice on the Polar Software website, by sending you an email and/or by some other means. Please note that if you’ve opted not to receive legal notice emails from us (or you haven’t provided us with your email address), those legal notices will still govern your use of the Services, and you are still responsible for reading and understanding them. If you use the Services after any changes to the Privacy Policy have been posted, that means you agree to all of the changes. Use of information we collect is subject to the Privacy Policy in effect at the time such information is collected.

Contact Information

Polar Software Inc.
3500 South DuPont Highway, Dover, DE 19901, US

If you have any questions or comments about this Privacy Policy, the ways in which we collect and use your Personal Data or your choices and rights regarding such collection and use, please do not hesitate to contact us at: privacy@polar.sh