Terms of Service
Privacy Policy

 

Terms of Service for Atom

 

Thank you for choosing Atom Growth Inc. We provide the Atom Platform (hereafter “Atom”, “we”, “our”, or “us”) which encompasses technology including, without limitation, the website atomHQ.com as made available from time to time (collectively, the “Website”), mobile applications available for download (the “App”), and other software and systems used to provide products and services from time to time (collectively, the “Services”).By accessing or using the Services, you confirm that you are 13 years of age or older, have read, understand and agree to be bound by these Terms of Service and agree that these Terms of Service form a binding agreement between you and us, with respect to the Services, and your use of them.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE, BUT ARE NOT LIMITED TO, VARIOUS LIMITATIONS AND EXCLUSIONS, AND INDEMNITIES.  

THESE TERMS OF SERVICE MAY BE AMENDED OR UPDATED BY US FROM TIME TO TIME WITHOUT NOTICE AND MAY HAVE CHANGED SINCE YOUR LAST VISIT TO OR USE OF THE SERVICES. IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF SERVICE FOR ANY UPDATED REVISION DATE. YOUR USE, WHICH USE INCLUDES YOUR CONTINUING TO MAKE AVAILABLE YOUR CONTENT ON THE SERVICES, AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS OF SERVICE SHALL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF SUCH REVISED TERMS. ANY NEW FEATURES THAT MAY BE ADDED TO THE SERVICES FROM TIME TO TIME WILL BE SUBJECT TO THESE TERMS OF SERVICE, UNLESS STATED OTHERWISE. IF YOU DO NOT AGREE TO ABIDE BY THIS OR ANY FUTURE VERSION OF THE TERMS OF SERVICE, DO NOT USE OR ACCESS (OR CONTINUE TO USE OR ACCESS) THE SERVICES. YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS OF SERVICE.

1) User Categories. The Services may be used in different ways by different categories of users. Through your use of the Services, you will be categorized as one of the following:
(a) “Client” – if you are an individual or organization using the Services under your own business User Account to access the Atom Services (defined below); 
(b) “Visitor” – if you are an individual or organization visiting our Website or App, and providing information, reviews, comments, photos or other content through the Services; or
(c) “Member” – if you are a Visitor that creates an end-user User Account profile.
Clients, Members and Visitors are collectively referenced herein as the “Users”, or each a “User”.

2) About Atom Services. The “Atom Services” enable our Clients to realize customer engagement, reputation management, certain marketing automation and other tools to contact, and track relationships with end user customers, including Members. To obtain Atom Services, you must register for a User Account in accordance with these Terms of Service. Additionally, any customized Services that you order will be set out more specifically in your order form(s) and you hereby agree that such additional terms and conditions set out in each order form apply to the Services and your use thereof. 

3) User Account. To use certain features of the Services on the Website or App, you must register for an account. In consideration of your use of the Services, you agree to: (a) provide us with accurate, current and complete information about you as may be prompted by any registration forms on the Service (“Registration Data”); and (b) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current and complete.  Upon providing Registration Data to us through the Services, you will be provided account information (your “User Account”). You hereby agree to be fully responsible for (i) all use of your User Account, (ii) any action that takes place using your User Account by any person or automated process, (iii) maintaining the confidentiality and security of the password to your User Account, and (iv) immediately notifying us upon any unauthorized use of your password or your User Account. For greater clarity, Visitors are not required to create an account. Members accounts are created upon end users entering their phone numbers to join a membership program with any Client, or through other online links as available. Where a Member joins membership programs with multiple Clients, a single User Account and profile will be maintained for all such memberships in the Atom Platform for the Member.

4) User Content and Privacy.  In these Terms of Service, “Content” means all materials and content of any type, including, but not limited to, photos, graphics, illustrations, images, designs, profiles, messages, information, notes, text, information (including Registration Data), music, sound, video, articles, themes, code, and software. The Service permits you (or any person using your User Account) to generate, submit, upload, provide, post, input, transmit, copy, make available, distribute, or otherwise transfer to us, or any applicable Client(s) using the Services Content (collectively, your “User Content”), and we do not claim ownership over any User Content.  

We care about the privacy of all our Users and commit to upholding all our legal obligations governing personal information we collect. You can view our privacy policy below. 

As a User, by providing User Content that includes personal information, you hereby acknowledge and agree to the terms of the Atom Privacy Policy.  

By providing any User Content, you are deemed to have granted Atom the worldwide, royalty-free, fully-paid up, perpetual, irrevocable, non-exclusive right and license to use, distribute, reproduce, reformat, modify, adapt, delete, publish, translate, copy, edit, perform, display and create derivative works from such User Content as permitted by the functionality of the Services (the “User License”) on the following terms:
(a) the User License is limited to the purpose of offering the Services as may exist from time to time, in any medium whatsoever, marketing the Services by distributing case studies through social media, email or print, or to ensure adherence to, or enforce these Terms of Service,
(b) the User License includes Atom’s right to sublicense to third party service providers for the purpose of offering the Services, at all times in accordance with these Terms of Service, 
(c) the User License will end, and Atom will cease to use User Content, a commercially reasonable period after such User Content is removed from the Service, 
(d) you acknowledge and agree that we may retain a copy or copies of your User Content for archival or compliance purposes or to otherwise provide the Services to you or others, including by way of aggregation or analytics which Atom may provide to you or others from time to time, subject always to your license to us set out above, even if you delete your account to which your User Content is connected, and 
(e) we may, but are not obligated to, review and delete or remove (without notice) any User Content, in our sole discretion, including, without limitation, any User Content that violates these Terms of Service. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

5) Intellectual Property.  All Content available or stored on the Services other than your User Content, including the Services itself, all other Users' Content, any Content made available by Atom or any third party, and the selection and arrangement of all such Content and User Content (collectively, the “Service Content”), is the proprietary property of us, the Users or our licensors with all rights reserved, and Atom (or, as applicable, our Users or licensors) retain and shall retain all right, interest and title in and to all Service Content.  You will not alter, copy, distribute, transmit, or sell in any form or by any means, in whole or in part, the Service Content.

You agree that Atom is and shall remain the sole and exclusive owner of all right, title and interest in and to the Services and all patent rights (including patent applications and disclosures), rights of priority, mask work rights, trademark rights, copyrights, moral rights, designs, trade secrets, know-how contained, disclosed or expressed in any manuals, implementation guides, usage guidelines, advertising and promotional materials, customer forms and disclosures, all systems documentation, Atom’s proprietary technology (including software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information, APIs used/created to connect or integrate to any Client platform, all features, derivatives and customizations based on User feedback, created, made, conceived or reduced to practice by Atom), and any other materials shared in the course of providing the Services and use by a User (collectively the “Atom Technology”). Atom grants you a limited, non-exclusive, non-assignable, revocable right and license to use the Atom Technology, which for Clients includes the right to use the Atom mark and associated logos and designs as it may change or be added to from time to time in Atom’s sole discretion (collectively the “Atom Marks”) solely in connection with Atom Services.  

You will take no actions to dispute the validity of such ownership in your use of the Atom Platform and will take all necessary actions to correct information that states or suggests that ensure Atom’s ownership over the Atom Technology and Atom Marks. You hereby irrevocably waive any moral rights that you may have in any customizations and developments of the Atom Technology, to the extent that these rights may be waived in each jurisdiction, in favour of Atom, its successors and assigns.  You will not reverse engineer, decompile, or disassemble, translate or otherwise attempt to extract the source code from the Services, and not sublicense, sell, publish, copy or otherwise commercially exploit the Services in any way except in furtherance of your permitted use in accordance with these Terms of Service.

6) Invoicing and Payment.  By requesting Atom Services through your Client User Account, you agree to pay the monthly fees as set out on the Website, an order form, or otherwise provided by us from time to time (the “Fees”). The Fees are payable by credit card as set out herein. By completing the input of your credit card information on the Services, you authorize us to process the Fees on a monthly basis until we receive notice of cancellation from you on the terms as set out herein. Your payment to us will automatically renew at the end of your applicable term, unless you timely cancel the Atom Services as set out in Section 12. If you fail to timely pay the Fees, or our withdrawal fails, for any reason whatsoever, Atom reserves the right to suspend, downgrade, or terminate your access to the Atom Services Service, and any Fees due and unpaid more than thirty (30) days after it is due shall accrue interest until paid at the rate equal to the lesser of one and a half percent (1.5%) per month or the maximum amount allowed under law. You acknowledge and agree that the pricing and Fees are exclusive of any applicable taxes and may be updated or amended from time to time upon notice to you at least 30 days prior to the end of the current monthly term. Your continued use of the Service following such notice constitutes your acceptance of any new or increased charge or Fee. Failure to timely pay Fees will be deemed a material breach of these Terms of Service and we may, but are not obligated to, terminate or cancel your access to the Services, or any Service, in our sole discretion, and may do so without a cure period.  You further undertake to inform us immediately, in writing, of any change in your payment information and acknowledge and agree that we shall not be liable for any payment failure arising from a change in payment information.

7) Termination. Clients may cancel the Atom Services upon providing a written notice of cancellation prior to the end of the current term, and may deliver such cancellation notices by emailing support@atomhq.com with the subject title “Cancellation of Account” or by following cancellation procedures on the Website or the App, where applicable. No cancellation is valid until receipt of confirmation of cancellation is received. We may immediately terminate the Atom Services, or any Services related thereto upon your breach of a material provision of these Terms of Service. Termination of your access to the Services may result in the deletion of all of your Content, and we may choose to but will not be obligated to provide any backup or retrieval of your Content. You acknowledge and agree that we may terminate the Services, your access to them, or any portion thereof, in our sole discretion without any liability whatsoever to you or any third party. Any termination by us shall be in addition to any and all other rights and remedies that we may have.

8) Third Party Sources and Content.  The Services may contain (or you may be presented with through the Services) links to other web sites, Application Programming Interfaces (APIs), social accounts, SMS, emails  (“Third Party Sources”) as well as Content belonging to or originating from parties other than us or our Users (the “Third Party Content”). Such Third Party Sources and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sources accessed through the Service or any Third Party Content available on the Services, including, without limitation, the content, accuracy, offensiveness, opinions, reliability or policies of or contained in the Third Party Sources or the Third Party Content. The inclusion of or linking to any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Service and access the Third Party Sources, you do so at your own risk and you acknowledge and agree that our terms and policies do not govern same. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Service. Reference on the Service to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship or recommendation thereof by, or any affiliation thereof with Atom. Atom may make arrangements with third-party providers, or facilitate Client making arrangements with third-party providers, that provide products or services in connection with the Services described in this Agreement. If Client uses applications, integrations, add-ons, software, code, online services, systems and other products not developed by Atom ("Third-Party Products") in connection with or otherwise made available through the Services, those products may make Third-Party Content available to Client and may access Client’s instance of the Services, including Client User Content . Client agrees and acknowledges that use of such Third-Party Products may require Client to enter into separate terms and conditions with such third-party. Atom is not a party to any such terms and shall not be liable thereunder. Atom does not warrant or support Third-Party Products or Third-Party Content (whether or not these items are designated by Podium as "powered", "verified" or otherwise) and disclaims all responsibility and liability for these items and their access to the Services, including their modification, deletion, disclosure or collection of Client’s User Content. Atom is not responsible in any way for Client User Content once it is transmitted, copied or removed from the Services.

9) Disclaimer.
(a) No Responsibility for Others’ Content.  We are not responsible or liable in any manner for any User Content or Third Party Content available on or through the Services, whether made available or caused to be made available by Users or by any of the technology associated with or utilized in the Services. 

(b) Service Level.  Atom will ensure that the Service is Available for Client’s use no less than ninety nine percent (99%) of the time, seven days a week, 365 days a year, measured on a calendar month basis, except for scheduled downtime periods. This Service level for Availability is calculated by taking (A) the number of minutes in the Scheduled Available Time (defined below) during the Availability period of a calendar month, less the total minutes of Unscheduled Down Time (defined below) during the same period, and dividing it by (B) the minutes of Scheduled Available Time during the same Availability period, the result of which shall be expressed as a percentage. During scheduled downtime, Atom will make commercially reasonable efforts to ensure that the Service is available for use by Client. For purposes of this Service availability level section, the following terms have the following meanings: a) “Availability” or “Available” means all of the following components of the Service are operating and accessible: (1) software, (2) database, (3) operating systems for all servers, and (4) managed network. b) “Unscheduled Down Time” means any period where the Service is not Available, excluding scheduled maintenance windows, critical maintenance (scheduled or unscheduled), and Client requested maintenance downtime. c) “Scheduled Available Time” means 24 hours per day/7 days per week during the applicable calendar month.
 
(c) AS IS; AS AVAILABLE.  THE SERVICE AND THE SERVICE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND ATOM DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ATOM CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES. ATOM DOES NOT REPRESENT OR WARRANT THAT THE SERVICE CONTENT IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. ATOM DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY THIRD PARTY CONTENT OR THIRD PARTY SOURCES.

10) Limitation on Liability.  IN NO EVENT WILL ATOM, OR ITS DIRECTORS, PARTNERS, OFFICERS, EMPLOYEES, CONTRACTORS OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, FOR ANY LOST PROFITS OR LOST DATA, ARISING FROM YOUR USE OF THE SERVICE, THE SERVICE CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE SERVICE (INCLUDING ALL THIRD PARTY CONTENT AND THIRD PARTY SOURCES), EVEN IF ATOM IS AWARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ATOM’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ATOM FOR THE SERVICE DURING YEAR IN WHICH YOUR SUCH CAUSE AROSE, BUT IN NO CASE WILL ATOM’S LIABILITY TO YOU EXCEED $100.00. YOU ACKNOWLEDGE THAT IF NO SUCH FEES ARE PAID BY YOU TO ATOM FOR THE SERVICES, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM ATOM, REGARDLESS OF THE CAUSE OF ACTION.  NOTHING IN THESE TERMS OF SERVICE IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED.

11) Representations.
(a) if you are a Member or Visitor, you hereby waive any claim you may now have or may have at any time in the future against Atom regarding your use of the Services, or any use of your Content, including your personal information, by any member and you hereby acknowledge that Atom is not and will not be responsible in any way or any under theory of law for any such action of any Client.
(b) Client also warrants and represents that: (a) Client has sole ownership of any Client Data it provides to Atom, or otherwise has legal rights to provide such Client Data, and Client Data and Atom's use thereof will not violate third-party rights, including intellectual property, privacy and publicity rights; (b) Atom's possession and/or use of the User Content on Client’s behalf in connection with the Services, as contemplated hereunder, will not violate any contract, statute, or regulation; (c) Client is authorized to provide Atom with any User Content it provides in connection with the Services, including any personally identifying information; and (e) If Client receives any take-down requests or infringement notices related to Client Data or its use of Third-Party Products, it will promptly stop using these items with the Services and notify Atom immediately. Additionally, if an integration is included in the Services Client orders, Client grants Atom the right to access Client’s Information or CRM system directly or through a third-party service for the purposes of fulfilling Atom's obligations under this Agreement, and Client warrants that Client is not restricted by law or applicable agreement from granting Atom such right.
(c) Client understands and agrees that the Services are intended to allow Client to send electronic communication, including but not limited to text messages, only to Client’s own current Members and Visitors who have consented to the receipt of such communications and are provided with necessary notices in accordance with applicable law and regulations. Client agrees and acknowledges that Client is solely responsible for its compliance with applicable law and regulations and shall not rely on the Services for any such compliance. 
(d) Client represents that it has the legal power and authority to accept these Terms of Service, and that it has not falsely identified itself nor provided any false information to gain access to the Service and that its billing information is correct.

12) Notices and Complaints.  If you need to a send a notice, including for complaints related to Content, infringement of any copyright or other intellectual property rights, you may send a written notification by e-mail to support@atomhq.com.

13) Governing Law.  You agree that the laws of the Province of Ontario, Canada, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and us. You hereby irrevocably attorn to the exclusive jurisdiction of the Courts of the Province of Ontario with respect to any dispute hereunder.

14) Indemnity.  You agree to indemnify and hold Atom and its directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content and any Third Party Content, your use of the Services, services provided by Third Party Providers, your conduct in connection with the Services or with other Users of the Services, or any violation of (a) these Terms of Service, (b) any law, or (c) any right of any third party.  Where a Client decides to terminate a loyalty program and make changes to the points accumulated for Members, Client shall take full responsibility for any harm or violation of any Member’s rights and shall indemnify Atom from any accountability.


15) Assignment.  It is possible that Atom may be acquired or transferred as part of a merger, acquisition or other change of control. In the event of such a transaction, you understand and agree that we may assign our rights under these Terms of Service.   You  may not assigned your rights herein without the prior written approval of Atom.

16) Other.  These Terms of Service constitutes the entire agreement between you and us regarding the use of the Services, superseding any prior agreements between you and us relating to your use of the Services. No joint venture, partnership, employment, or agency relationship exists between you and Atom as a result of the use of Atom Services. Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Service is held invalid, unlawful, void or unenforceable for any reason, that provision shall be deemed severable and the remainder of these Terms of Service shall continue in full force and effect. These Terms of Service shall enure to the benefit of, and be binding upon, parties hereto and their respective heirs, executors, administrators, successors, and assigns.  

17) English Language. The parties have requested and agree that these Terms of Service and all documents relating thereto be drawn up in English.  Les parties ont demandé que cette convention ainsi que tous les documents qui s’y rattachent soinet rédigés en anglais.

Updated as of August 13, 2024.

Privacy Policy

Effective: June 2023

1. Introduction

Welcome to Atom!

Atom Growth Inc. and affiliates, (hereafter “Atom”, “we”, “our”, or “us”) processes information as part of our mission to help make commerce better for everyone.  In all of this, we seek to preserve the ability for you to control your data and maintain the timeless value of your privacy. Our efforts start with making sure you get meaningful choices about how and why your data is collected, used, stored, and by providing you with sufficient information needed to make the choices that are right for you, your business and your customers across our products and services (the “Services”). Earning your trust is always a priority for us by focusing on five key privacy principles below: 
•  Your Benefit: We will ensure the data we collect will enable fulfilling experiences for our Clients and Customers.
•  Transparency: We will be transparent about our collection and use of your data so you can be informed. 
•  Security: We will utilize strong security and encryption to protect the data you entrust us with. 
•  Strong legal compliance: We believe in your privacy as a fundamental human right and will respect all local privacy laws ourselves as well as seek to support our Clients in doing so. 
•  Control: We will provide you the ability to manage your privacy where applicable. 
This Privacy Policy clarifies how we collect, use, process, and share your personal information when you use any of our Services, or by dealing with a business Client using our Services, as applicable. We may update this Privacy Policy from time to time in order to reflect changes to our privacy practices or for other operational, legal, or regulatory reasons. If we make material changes to this Privacy Policy, we will give you notice of such changes by posting the revised policy on this Website, and where appropriate, by other means. By continuing to use this Website or the Services after these changes are posted, you agree to any such revised policy.

We maintain relationships with various parties and accordingly collect information on:
Clients: Businesses and entities contracting our Services
Customers: End users interacting with our Clients
Partners: Entities who help enable and promote our Services 
Others: Anyone interacting with us via our physical locations, website, or our applications as available on point-of-sale devices, payment terminals, and mobile devices.

This Privacy Policy applies to all the parties listed above and the terms “you” or “your” herein shall refer to any such party.

2. What information do we collect and why?

We only process personal information with due consideration to potential risks to your privacy, limiting the information we keep, limiting what we do with your information, and utilizing anonymization or pseudo-anonymization where possible.

Our purpose and legal basis for processing your personal information is generally tied to either a contractual obligation with our Client, ‘legitimate interest’ whereby we enable business among the parties we engage with (for example enabling our Clients to improve their Customers’ experience), or to fulfill a legal obligation (for example record keeping requirements tied to financial services). Where we cannot rely on an alternative legal basis for processing or where we are required by law, we may process your personal information in accordance with your consent such as in the context of some of our sales and marketing activities. At any time, you have a right to withdraw your consent by changing your communication choices, opting out from our communications or by contacting us.

2.1. Information collected from our Clients

Below is a list of information we collect from our Clients and their corresponding purposes:

2.2. Information collected from Customers dealing with our Clients

Below is a list of personal information we collect related to Customers on behalf of our Clients, and their corresponding purposes.  Where a Customer engages with multiple Clients, the Atom platform maintains all of the Customer’s Information in a single user profile account.

2.3. Information collected from our Partners

Below is a list of information we collect from Partners, and their corresponding purposes:

2.4. Information collected from users using our applications, website, locations, and support services

Below is a list of information we collect from users interacting with our locations, website, applications as available on point-of-sale devices, payment terminals, and mobile devices, and support services, and their corresponding purposes:

2.5. Information about Minors

Our Services are not intended for minors and no person under the age of 14 may register for any account with us. We do not knowingly collect personal information about any person under the age of 14, and no such person, nor any parent or guardian as it relates to such person, should submit their personal information to us for any reason. 

2.6. Automated Decision-Making

In the course of offering our Services, we use a number of machine learning algorithms and forms of automated decision-making. For example, we use automated decision-making: to prevent risk and fraud by Clients, to help Clients avoid fraudulent transactions from their Customers, to personalize our Client experience when they engage with us, and to determine eligibility for certain services.
One of the ways we are able to help our Clients is to better understand and serve their Customers through our machine learning that gathers important insights from Customer data (referred to as “automated decision-making” in certain jurisdictions). For example, we could provide information to match specific offerings of our Clients to their Customers.  We ensure such machine learning implementation has sufficient human oversight. When we use machine learning we ensure to avoid significant privacy implications, and at all times we will avoid having such algorithms make decisions based on ‘sensitive information’ provided to us (such as political opinions, religious beliefs, health information, etc.) as classified by some jurisdictions.

3. When and with whom do we share this information?

3.1. Third Party Sharing

We will protect your personal information from others and never sell or rent such information.  We will refuse to share with third parties unless it is to enable us to support growth of our Clients, provide Services to our Clients and improve their Customers engagement, or because we are legally required to do so.  Below are cases where we may share your Personal Information with third parties:

• We work with a variety of third parties and service providers to help provide our Services and we may share personal information with them to support these efforts. For example, we rely on technology service providers to store and manage information, and provide analytics in accordance with strong security measures.
• We may also share Client information with Partners who provide complementary services we believe may be of benefit to your business.
• We may also share Customer information with our Clients and third-party partners/service providers to help customize and improve your shopping experience.
• We may share information with third parties to help us conduct our marketing and/or advertising campaigns.
• We may share your information to prevent, investigate, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms of Service or any other agreement related to the Services, or as otherwise required by law.
• We may share personal information to conform to legal requirements, or to respond to lawful court orders, subpoenas, warrants, or other requests by public authorities (including to meet national security or law enforcement requirements).
• Personal information may also be shared with a company that acquires our business or the business of a merchant whose store you visit or access, whether through merger, acquisition, bankruptcy, dissolution, reorganization, or other similar transaction or proceeding.

3.2. International Data Transfers

While we are a Canadian company and store data in Canada, the United States, and the European Union when providing our Services to users around the world. Accordingly, we may transmit your personal information outside of the country, state, or province in which you are located to process in Canada, the United States or European Union, and transferred data may be subject to the laws of such countries. 

4. Obligations of our Clients

If you are our Client, your Customers need to understand how you (and how Atom on your behalf as a ‘processor’) collect and process their personal information as the data ‘controller’. Accordingly, if you use the Services, you agree to post an up-to-date and accurate privacy policy that is accessible for your customers and complies with the laws applicable to your business. You also agree to obtain consent from your Customers for the use, processing, and access of their personal information by us where applicable, such as in the context of some of our sales and marketing activities.   Privacy laws in certain places treat ‘businesses’ and ‘service providers’ differently. Under those laws, a business is the company that decides why and how to process personal information. A service provider processes personal information on behalf of a business in order to provide services. When we process your Customers data on behalf of Clients, we act as their service provider.  It is the responsibility of Clients to ensure they understand they are fulfilling their obligations as ‘controllers’ and ‘businesses’.

5. For how long do we retain your personal information?

• In general, we keep your personal information as long as needed to support your relationship with us. For Clients, this means we will keep your information as long as you maintain an account with us. For Partners, this means we will keep your information until you inform us that you wish to terminate your Partner relationship with us.  For Customers, we generally process your information solely as a data processor on behalf of our Clients, and it is up to the Client to determine how long they will store your information in our systems.  In some cases, your payment processing information is managed by acquiring banks and we have no control over how long such information is stored by such banks.
• Once you terminate your relationship with us, we generally will continue to store archived copies of your personal information for legitimate business purposes such as to defend a contractual claim, improve our product offering and services, or for audit purposes and to comply with the law, except when we receive a valid erasure request.
• We may also continue to store anonymous or anonymized information, such as website visits, gift and loyalty transaction history without identifiers, in order to improve our Services and for reporting and statistical analysis.

6. How do we keep your personal information secure?

• The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. We employ physical, administrative, contractual, and technological safeguards to protect personal information, and insist that our service providers do the same.   We insist that our personnel, and those of our providers, only access and use personal information in order to properly perform their duties, and even then only to the strict extent necessary to perform them.
• When you enter sensitive information (such as a credit card number) on our order forms, we encrypt the transmission of that information using Transport Layer Security (TLS). TLS encrypts information entered on our site before it is sent over the Internet, and we use TLS in an industry-recognized standard manner to encrypt our Internet transmissions to and from you. In addition, to the extent we do store your personal information, some of it may be stored in encrypted form, and it is unencrypted in memory by our Service when and as needed. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure, and so you should always exercise caution when disclosing sensitive information over the Internet, and we cannot guarantee the absolute security of your personal information. If you have any questions about security on our website, you can contact us through information at the bottom of this policy.
• On an annual basis, we have a scan of all of our IT infrastructure with a third-party vendor and thereafter act on recommendations provided to ensure we continue to meet industry standards or higher for data security and compliance.  We also perform annual audits to ensure our handling of your credit card information aligns with industry guidelines and are PCI DSS compliant. 

7. Information from cookies and similar tracking technologies

A cookie is a small amount of data, which may include a unique identifier, that is sent to your browser from a website and stored on your device. We assign a different cookie to each device that accesses our website.

We use cookies and similar tracking technology to: 

• recognize your device and provide you with a personalized experience on our websites, or otherwise through the Services. 
• keep track of your specified preferences. This allows us to honor your preferences, such as whether or not you would like to see interest-based ads.
• keep track of items stored in your shopping cart.
• conduct research and diagnostics to improve our content, products, and services.
• prevent fraudulent activity.
• improve security.
• deliver content, including ads, relevant to your interests on our sites and third-party sites (see the Interest-Based Ads notice for how we use cookies in serving interest-based ads).
• perform reporting, allowing us to measure and analyze the performance of our Services. 

8. Region Specific Matters

8.1. EU/UK - General Data Protection Regulation (GDPR)

We understand that you have rights over your personal information, and take reasonable steps to allow you to access, correct, amend, delete, port, or limit the use of your personal information. If you are a Client or a Partner, you can update many types of personal information, such as payment or contact information, directly within your account settings. If you are unable to change your personal information within your account settings, or if you are concerned about data collected as you visit us or affiliated websites or use our support services, please contact us to make the required changes with the contact information provided below.

If you are a Customer served by our Clients and wish to exercise these rights, please contact the Client you interacted with directly -- we serve as a processor on their behalf and can only forward your request to them to allow them to respond.

It’s important to remember that if you delete or limit the use of your personal information, the
Services may not function properly. 

8.2. Canada Anti-Spam Legislation

We are committed to compliance with the Canada’s Anti-Spam Legislation (“CASL”).   Any electronic communication sent by us to outside parties is protected by a range of business procedures, processes and policies to ensure that such communication is done in compliance with CASL. In addition to adopting this Privacy Policy, and to provide transparency about our compliance, we have undertaken various initiatives in order to ensure we are compliant with CASL in all respects. If you have received a commercial electronic message from us, and you believe that you should not have or you do not wish to receive them (even if we are allowed to send them), we will endeavour to respect your inbox preferences.  If you have any questions or concerns about our unsubscribe methods, you may contact us at the address indicated below.

8.3. Quebec Law 25

We are committed to compliance with the Quebec Law 25, which followed the 2021 adoption of Bill 64 in the Canadian province of Quebec, an Act to modernize legislative provisions as regards to the protection of personal information. Our privacy officer is provided in Section 9 below and we have in place mandatory breach reporting as required.  This updated Privacy Policy also addresses our compliance with other aspects of the law related to transparency in our collection and use of personal information belonging to Quebec residents, and how we facilitate access and erasure rights.  We regularly conduct privacy impact assessments of any export of personal information out of Quebec to ensure security and risk mitigation, and we have also been engaged in anonymization efforts where it is possible.  

8.4. California Consumer Privacy Act

We are committed to compliance with the California Consumer Privacy Act (“CCPA”). This Privacy Policy describes how we collect, use, and share California consumers' Personal Information in our role as a business, and the rights applicable to such residents. If you are unable to access this Privacy Policy due to a disability or any physical or mental impairment, please contact us and we will arrange to supply you with the information you need in an alternative format that you can access.

9. How to contact Atom

If you would like to make a legal request or serve a subpoena or similar document seeking information about our Clients, or other parties whose data we process, please contact us directly.  If you have any questions about your personal information or this policy, or if you would like to make a complaint about how we process your personal data, please also contact us directly.

Data Protection Officer
Atom Growth Inc.
509 Commissioners Rd. W., Unit 434
London, ON, N6J 1Y5Email: compliance@paystone.com