Privacy Policy

Privacy Policy

ShakenSoft, LLC d/b/a PointOS
Last updated: April 30, 2018

This privacy notice discloses the privacy practices for PointOS.com. This privacy notice
applies solely to information collected by this web site. It will notify you of the following:

Introduction

We respect your privacy and are committed to protecting it through our compliance with this Privacy Policy (“Policy”).

This policy describes the types of information we may collect from you or that you may provide when you visit the website www.pointos.com or www.mypointos.com (our “Website”), use our Mobile App (the “Mobile App”) or when you use the products and services (the Website, Mobile App and other products and services collectively the “Services”) offered by ShakenSoft, LLC d/b/a PointOS (“ShakenSoft” or “we”).

This Policy applies to information we collect:

  • on the Website;
  • through our Mobile App or use of our Services;
  • in e-mail, text and other electronic messages between you and ShakenSoft; and
  • when you interact with the PointOS customer portal.

This Policy does not apply to information collected by:

  • us offline or through any other means, including on any other website; or
  • any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Website.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website or Services. By accessing or using our Website, or Services, you agree to this privacy policy.

Information Collection

ShakenSoft collects and receives information when you create a PointOS account, including the following:

  • Personal information (i.e., information about you that can be used to contact or identify you personally). “Personal Information” includes, but is not limited to, name, phone number, email address, home address, bank account information, unique device identifiers, Internet Protocol address (“IP Address”), and other personal information associated with your PointOS account that is not otherwise publicly available.
  • Business and other non-personal information, such as your business name and address, business phone number, Tax ID Number, and other information specific to your business.

We also collect the following information when you use our Services, including the PointOS software products, Website, or any apps developed or distributed by ShakenSoft:

  • Log Data: Our servers record information that your browser or mobile device sends whenever you use our Website and Services (“Log Data”). The Log Data may include information such as your IP Address, internet service provider, mobile device ID, operating system, the URLs of referring/exit pages, the time spent on those pages, information you searched for, access times and dates, and other statistics.
  • Location Information: ShakenSoft may receive location information from your device when you use our Services. This information may include GPS signals or information about WiFi access locations. ShakenSoft may also receive IP Addresses, which we may use to derive geographic location.
  • Communications/Submissions: If you submit a request for assistance or contact ShakenSoft, we may ask for and collect personal information.
  • Cookies & Similar Technologies: A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies.

Information Use

Except as otherwise stated in this Policy, ShakenSoft uses information that we collect or that is provided to us for the following purposes:

  • To provide, operate, maintain, improve and market the Services;
  • To process transactions, send you relate information and administer payments;
  • To research and develop new products, features and services;
  • To monitor and analyze use of the Services;
  • To detect and prevent fraudulent transactions and unauthorized access to the Services;
  • To personalize the Services to meet preferences;
  • To respond to your inquiries;
  • To communicate with you; and
  • For other purposes for which we obtain consent.

Information Sharing and Disclosure

Except as stated in this Policy, ShakenSoft will not share your Personal Information with third parties without your express prior consent. We may share information we collect or you provide to us with the agents or third party service providers of ShakenSoft who need the information to fulfill their business responsibilities to ShakenSoft, including effectuating transactions on your behalf, but such agents or third party service providers are not allowed to use the information for any other purpose.

Collecting and Sharing Usage Data: We collect “Usage Data” as a result of your using our Services for certain purposes, including analytics, and which does not contain Personal Information, which is used to help understand trends in usage of the Services. “Usage Data” means aggregated, encoded or anonymized data that ShakenSoft may collect about a group or category of services, features or users while you or your end-users use a Service. In addition to collecting and using Usage Data ourselves, we may share the Usage Data with third parties for industry analysis, demographic profiling, analytics, or other purposes. We may also publish Usage Data to provide relevant information about the Services and for purposes of marketing.

Aggregate Information and De-Identified Information: We may anonymize or aggregate Personal Information so that a person cannot be individually identified and share such information with third parties for analytics purposes, industry analysis or for other purposes. However, we never disclose aggregate information to a third party in a manner that would identify end-users personally, as an individual, except as expressly provided herein, such as to complete a transaction. [You have the choice whether to participate by email. If you do not want to participate, then you should request to do so by emailing customersuccess@pointos.com.]

Analytics Services: We use analytics service providers to better understand usage patterns on the Website. These providers collect information on our behalf using cookies and similar technologies. We use these service providers to better understand how people use our Services and so that we can improve the design and usability of our products.

Compliance with Laws and Law Enforcement: ShakenSoft cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including, but not limited to, subpoenas), to protect the property and rights of ShakenSoft or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable activity.

Business Transfers: ShakenSoft may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization, or sale of assets or in the event of bankruptcy.

Changing or Deleting Your Information: You may review, update, or correct the information in your account profile by logging into your account. After deleting your account, you may email us at customersuccess@pointos.com with a request that we delete your account profile from our database. We will use commercially reasonable efforts to honor your request. We may retain an archived copy of your account profile for a variety of reasons, such as to comply with our legal requirements, resolve disputes, enforce our agreements, or any other lawful business purpose. California Civil Code, Section 1798.83 permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send us an e-mail to customersuccess@pointos.com or write to us at ShakenSoft, LLC, Attn: Customer Success, 47 Winter Street, Third Floor, Boston, Massachusetts 02108.

Security

We will maintain reasonable administrative, physical and technical safeguards for protection of the security of data, communications or other materials submitted to and stored within the Website and Services by you, which may include, without limitation, Personal Information. We take steps to limit access to Personal Information only to those employees or third party service providers of ShakenSoft who we reasonably believe have a need to access such Personal Information to provide the Services. These measures may include, among others, encryption, physical access security and other appropriate technologies.

However, the transmission of information over the Internet is not completely secure, and although we do our best to protect your Personal Information in accordance with industry standards, we cannot guaranty the security of information transmitted to us. Any transmission or information is at your own risk.

International Transfer

Your Personal Information may be transferred to and maintained on computers located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. By supplying Personal Information to us, you consent to your Personal Information being transferred to and maintained across national borders by ShakenSoft or our third party service providers.

Links to Other Websites, Other Services and Applications

Our Website and Services may contain links to other websites, online services or to third party applications. This Policy does not apply to the data collection and use policies of the provider or developer of any third party applications; the use of your information by those third party applications is governed by the separate privacy policy of the provider or developer.

Our Policy Towards Children

Our Services are not directed to children under 13 and we do not knowingly collect Personal Information from children under 13. If we become aware that a child under 13 has provided us with Personal Information, we will delete such information from our files as soon as possible.

Changes to Our Privacy Policy

ShakenSoft reserves the right to modify this Policy from time to time. If we make changes to this Policy, we will notify you of those changes by posting them on our Website, and if the changes are significant, we will provide a more prominent notice (including, for certain services, email notification of privacy policy changes). Your continued use of this Website or the Services after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Contacting Us

If you have any questions about this Policy, please contact us via telephone at (888) 502-3281 or via email at customersuccess@pointos.com.