RETAILER PRIVACY POLICY

Pointy ("we", "us", "our") understands the importance of data protection for retailers ("you", "your", also referred to as "registered users" in the End User Licence Agreement ("EULA")).

Pointy is a technology company built for the retail industry. We recognise that the information retailers provide to us can be commercially sensitive to their business, therefore we treat this information with great care. This Retailer Privacy Policy ("Policy") is designed to clearly outline what information we receive from you, how we use it, for what purpose and the legal bases for that use. We have made every effort to draft this document so that it is transparent and easily understandable.

This Policy applies to your use of the Services (as defined in the EULA) unless specified otherwise. Please also read the EULA which describes the terms under which you use our Services. Your interactions with the public section of our Website is governed by the General Privacy Policy.

Pomo Search Limited trading as Pointy is the data controller responsible for your information when you use our Services and our contact details are set out below.

This document is organized as follows:

SECTION A - PERSONAL INFORMATION

  1. Personal information we collect and process
  2. Information you give to us

    You may give us information about you by filling in forms on our Website or App or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when searching for a product, participating in discussion boards or other social media functions on our Website or App and when you report a problem with any of our products. The information you give us may include your name, address, e-mail address and phone number, financial and credit card information, personal description and photographs.

    You may also provide us with additional information either when you access the private section to your Pointy Page (which occurs only after you have created an account), communicate with us in relation to a product or other service, or when you sign-up to a premium feature that we may offer to you as an add-on to the Service e.g. financial and payment card information.

    We may also receive personal information about you from third parties (for example, credit reference agencies, analytics providers and search information providers) for the purposes described in this Policy in order to operate and provide our Services.

    We may receive information about you if you use any of the other websites we operate or the other services we provide.

    The provision of certain personal information is mandatory (and may be required in accordance with a contractual requirement or to enter into a contract). The collection of any such information will be made clear at the time of collection of the information. If you choose not to submit this information, you may not be able to receive our Services.

  3. Purpose and basis of collecting your personal information
  4. We use your personal information for the purposes described below, except where restricted by law. In doing so, we rely on a number of separate legal bases to lawfully process such information.

    We process your personal information where it is necessary to perform our contractual obligations with you. In particular, we process your personal information to provide the Service to you at your request. For example, we ask for your name and email address to allow you to access the private section of your Pointy page. We also use your personal information to administer and manage our relationship with you and when dealing with your enquiries relating to the Service.

    We may also process your information where necessary to further our legitimate interests where those legitimate interests are not overridden by your rights or interests. In particular, the processing of your personal information is necessary for the operation, improvement and expansion of the Service that we provide to you. It is also in our legitimate interests to use your personal information to communicate with you about our Services. If you do not object to us using your personal information, we may provide you marketing for our Services. It is in our legitimate interests to promote and market our Services. An example of when we rely on this legal basis is when we use your email address or telephone number to survey you on your experience of the Service to date and gauge your interest in new features or service offerings that we think you could benefit from.

    We may also process your information where it is necessary for compliance with a legal obligation of ours such as in relation to the preparation of Pointy’s annual compliance accounts.

  5. Sharing of your personal information

    Where necessary, and in accordance with the purposes set out in this Policy, we share your personal information with third parties. We use a number of external providers to assist us to run and manage our business. Some of the areas that we use external service providers to assist us to manage our business and to provide the Service to you include:-

    1. Accounting software provider
    2. Shipping, postage and return service providers
    3. Document management service providers
    4. Payment card and payment processors
    5. Cloud computing providers
    6. Email service provider
    7. VOIP telephone calling service provider
    8. Web chat service provider
    9. Customer relationship management software provider

    When we outsource the processing of personal information to these service providers, we require those third parties to protect that personal information with appropriate security measures and prohibit or restrict them from using the personal information for their own purposes or from disclosing the personal information to others. For example the web chat provider we use on our website can only process your email address for the purpose of facilitating you communicating with Pointy using that said provider’s web chat solution. They are not permitted to use the information we provide them to contact you or disclose that information to another third party.

    Please see also Section C for additional circumstances in which personal information may be shared with third parties.

  6. Security
  7. All the information you provide to us is stored on secure servers. Where we have given you (or where you have chosen) a password which enables you to access the private section of your Pointy page, you are responsible for keeping this password confidential. We ask you not to share user passwords with anyone.

    The security of information transmitted via the internet cannot be completely guaranteed. Although we implement appropriate technical and organisational safeguards to protect your information, we cannot guarantee the security of your information transmitted to our Service; any transmission is at your own risk. Once we have received your information, we will use appropriate procedures and security features to prevent unauthorised access.

  8. Data transfers
  9. The information that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. The privacy protections in these countries may not be equivalent to those in the EEA. We will only transfer personal information outside of the EEA where permitted to do so by law. These transfers are necessary for the management of the Pointy’s business operations. Pointy relies on the European Commission’s adequacy decisions on certain countries to transfer your information from the EEA.

  10. Your rights
  11. You have the following rights regarding the processing of your personal information:

    These rights may be restricted in certain circumstances, for instance where your information may be needed to comply with our legal obligations or for the defence or exercise of legal claims.

    If you no longer wish for us to process your personal information as part of the Services you should immediately deactivate your account, disconnect any Pointy boxes from your POS equipment or cease transmitting information either by POS Integration or manual upload. Following this, you should contact us so that we can arrange the return of any Pointy boxes. Any information you have already provided to us or that we have collected from you or that we have received from third parties about you, may have already been used by us as outlined in this Policy. Our information retention policy is described below.

    You can exercise these rights by contacting us using the contact details listed at the end of the Policy.

    In circumstances where you are not satisfied with our use of your personal information or you are not satisfied with how we have responded to your request to exercise your rights, you have the right to lodge a complaint with the Irish Data Protection Commission, www.dataprotection.ie, (who is Pointy’s lead supervisory authority) or your local supervisory authority in the country in which you reside, whichever is more convenient. The Office of the Data Protection Commission can be contacted at info@dataprotection.ie or LoCall 1890 25 22 31.

  12. Retention
  13. We will retain your personal information for as long as is necessary for the purposes set out in this Policy or as needed for us to provide our Services or to perform our contract with you. We will retain and use your personal information to the extent necessary to comply with our legal obligations, to resolve disputes and to enforce our agreements.

  14. Do Not Track & Website Analytics
  15. Some internet browsers allow users to flag their preference in relation to online tracking by websites visited by the user. This feature is typically referred to as “Do Not Track”. Currently we do not look for or respond to Do Not Track preferences made by visitors to our website.

    We work with various reputable third party services to help analyze and optimize our website, for example Google Analytics, Facebook and Adroll. We carefully vet companies with which we work, however we have no direct control over how these third parties track users to or from our website.

  16. Access To Third Party Websites
  17. Our Service may, from time to time, contain links to and from third-party sites. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal information to these websites.

SECTION B - PRODUCT INFORMATION

To enable the Services to operate, we require every store on Pointy to send us product information. We use multiple methods to collect product information:

We may supply your store with a hardware device (the "Pointy box") which connects to your barcode scanner. We may also supply your store with a Pointy box to connect to your receipt printer. Whenever the scanner is used, the Pointy box sends us the barcode information. And whenever the receipt printer is used the Pointy box connected to it sends us receipt information.

The Pointy box can only transmit barcode information from the barcode scanner it is connected to, or receipt information from the receipt printer it is connected to. The Pointy box does not download any information from your POS, nor does it integrate with any of the software running on your POS. Any information stored on the POS cannot be read by the Pointy box and will never be transmitted to us by the Pointy box.

We may also collect product information by means of POS Integration.

You may also send us product information by way of manual upload or by way of the Company API. (Access to the Company API is governed by the API Licence Agreement)

  1. How we use product information

    We will use this information to:

    1. provide you with the Services and any other services that you request from us, for example to display and promote your products online, increasing online visibility of your store for the purpose of creating more in-store visits.
    2. ensure a good consumer experience by displaying accurate product information online. For example, we display the stock status of products so that consumers have added information about the products you sell, increasing the likelihood of an in-store visit.
  2. Additional product information supplied by retailers
  3. We will use any additional product information supplied by you (e.g. manual upload information) to improve the Services as a whole. The additional product information will be combined and compared with our other sources of product information to ensure that we present the best and most accurate product information to consumers.

    For example, should the additional basic product details you supply be sufficient to display a product on Pointy for which we previously had incomplete information, both you and any other retailer who sells that product will benefit by having the product appear on your respective Pointy pages.

  4. Who we may share product information with
  5. Your product information is commercially sensitive to your business. With the exceptions of the limited and defined scenarios listed in this section we do not share the information you provide to us without your express consent.

    We do not share your Pointy page usage information to any third parties.

    We do not share your product information with your competitors, or third parties to advertise their services to you personally or to your business.

    We may share your product information to promote your store, your products, or help customers find your store. To achieve this goal we may share your product information with search engines, local listing services, and advertising platforms. For example, we may send product information to search engines such as Google to promote the visibility of your store or products. A list of external providers we currently work with on your behalf is available here.

    We may share product information to create market level reports in which no individual store or retailer is identified. Any third party service provider involved in the creation of reports must agree to only use the information we provide to them for the defined purpose that it was sent.

    We may share anonymised product information with third parties e.g. aggregated or statistical information about the popularity of products in different geographic regions based on an anonymous sample of retailers.

    Please see also Section C for some additional circumstances in which information may be shared with third parties.

  6. Retention
  7. We will retain your product information that we receive through your use of the Service for as long as is necessary for the purposes set out in this Policy or as needed for us to provide our Services or to perform our contract with you. We will retain and use your product information to the extent necessary to comply with our legal obligations, to resolve disputes and to enforce our agreements.

SECTION C - SHARING INFORMATION

This section explains some particular circumstances in which information may be shared with third parties. These circumstances apply to any information we hold about you, including both personal and product information. The circumstances specified in this Section C are in addition to the circumstances specified in Section A (which apply to only personal information), and the circumstances specified in Section B (which apply to only product information).

We may share your information to third parties:

To the extent that it would be necessary for our legitimate interests and those of third parties, we may also share your information to third parties:

We may also share your information with any member of our group, which means any subsidiaries, any ultimate holding companies and its subsidiaries and our assigns, together with any contractors we use to provide the Services to you, to the extent that it would be necessary for our legitimate interests and those of our affiliates.

SECTION D - DEFINITIONS

For the purposes of this policy the following terms are defined:

  1. "anonymised information" means information in which no individual retailer or store is identified.
  2. "barcode information" means the barcode number of a product (also known as European Article Number "EAN", Universal Product Code "UPC", Global Trade Item Number "GTIN"), the approximate time of scanning and the serial number of the Pointy box or other account identifier.
  3. "basic product details” means the product name, image, description and other product details e.g. ingredients and nutritional information in food products.
  4. "basic store details" means the information you provide to us about your store when you sign-up for our Service or at later date, e.g. store name, store address, store contact information and opening hours. You may also provide details of your store type or category, approximate store size and the number of POS systems in your store.
  5. "integration information" means information sent to us using a POS integration.
  6. "inventory information” means information about product quantities in a store location, as supplied by you or estimated from historical barcode information, receipt information, integration information or basic product details.
  7. "manual upload information" means any information that you manually send to us, for example by sending us a spreadsheet or CSV file.
  8. "personal information" means information relating to a living individual who is or can be directly identified from that information, e.g. retailer name and email address, or indirectly from that information in conjunction with other information.
  9. "POS” means Point of Sale system.
  10. "POS integration” means when our Services are directly integrated with your POS. When Pointy is integrated in this way you authorize your POS provider to transmit information to us, for example as defined by the Application Programming Interface (API) or other permissions defined by the POS software as determined by you.
  11. "Pointy Page" means the unique webpage created by us for every store on Pointy and forms part of the Services.
  12. "Pointy page usage information" means usage information relating to your Pointy page, for example number of visits to your Pointy page or other similar metrics displayed on the private section of your page.
  13. "product information” means any combination of basic product details, barcode information, receipt information, inventory information, integration information, manual upload information and basic store details.
  14. "receipt information" means information related to a particular sales transaction or transaction receipt, including product price and quantity, as obtained from the printed receipt or POS integration.

SECTION E - CHANGES AND CONTACT INFORMATION

This section explains how we will notify you of changes to this policy, and to how contact us if you have questions.

  1. Changes to This Policy
  2. This Policy may be updated from time to time. Any changes we may make to our Policy in the future will be posted on this page and we will notify you of any material changes by email or by prominently posting a notice of such changes.

  3. Contact Information
  4. Questions, comments and requests regarding this Retailer Privacy Policy are welcomed and should be addressed to us by email at privacy@pointy.com or you can write to us at 70 Sir John Rogerson's Quay, Dublin 2, Ireland.

Last Updated: 2021-02-26

Service providers used to promote your store: