Yumasoft Inc., a corporation, located at 245 Saw Mill River Road, Suite 106, Hawthorne, New York, 10532, the United States, has assigned its rights and obligations under the below-mentioned documents to MKM Technology Pty Ltd ( Trading as OscarPOS Point of Sale Solutions ) having a principal place of business at Unit 8 / 13 Port Kembla Drive, BIBRA LAKE WA 6163, Australia.

 

PRIVACY AND COOKIE POLICY

We are committed to protecting the privacy of your personal information collected and processed through the customer mobile application YUMA and the related software. Please read carefully our Privacy and Cookie Policy before using our services.

1. Introduction

1.1. This Privacy and Cookie Policy (the “Privacy Policy”) contains the policies and procedures governing the collection and processing of personal data (i.e., any data relating to an identified or identifiable natural person) through the customer mobile application YUMA, the group of websites, including www.yumapos.comwww.yumamart.comwww.yumapos.co.ukwww.yumapos.inwww.oscarposcloud.com.au, and www.oscarpos.com.au., and the related software (collectively referred to as the “Application”).

1.2 Personal data collection and processing through the Application is conducted by Yumasoft Inc. having a principal place of business at 245 Saw Mill River Road, Hawthorne, New York, USA, 10532 (hereinafter, referred to as the “Company”, “we”, or “us”).

2. About the Application

2.1 The Application is an integral part of the cloud-based point-of-sale system YumaPOS offered by the Company. The Application is intended to be used by natural or legal persons (the “Customers”) for e-commerce purposes, such as placing orders for goods ( “Orders”) from Company’s partners (the “Stores”).

3. Consent

3.1 Before you start using the Application, the Company will ask you for your express consent to this Privacy Policy. By using the Application, you are consenting to the processing (e.g., collecting, storing, deleting, using, and disclosing) of your personal data in accordance with this Privacy Policy.

3.2 Sensitive data. Please note that the Company does not collect sensitive personal data (e.g., your health information, opinion about your religious and political beliefs, racial origins and membership of a professional or trade association), unless you decide, at your sole discretion, to provide the Company with such information.

3.3 Minors. The Application cannot be accessed and used by Customers under the age of 18. However, we cannot distinguish the age of people accessing the Application. If a person under 18 has provided us with personal data without obtaining a parental or guardian consent in advance, the parent or guardian may request us to destroy or de-identify the personal data. Our contact details are specified in Section 13 of this Privacy Policy.

4. Types of collected personal data

4.1 The Company adheres to data minimization principles. We collect and process only minimal amount of information that is strictly necessary for performing the operations requested by you through the Application (e.g., placing and processing Orders), unless you decide, at your sole discretion, to provide additional personal data to the Company.

4.2 When you use the Application, the Company collects your IP address.

4.3 If you sign up for our newsletter by using the “Sign up for newsletter” functionality available in the Application, the Company will collect your email address.

4.4 When you register a user account through the Application and place one or more Orders, the Company collects the following personal data: (i) your name; (ii) your e-mail address; (iii) your phone number; (iv) your address; (v) your password; and (vi) any other information you wish to provide us.

4.5 By using the Application, you acknowledge and agree to submit personal data that is up-to-date, true, accurate, current, and complete, and you shall update your personal data through the Application as soon as any changes in your personal data occur.

4.6 When you make payments for Orders through the Application, your payments will be processed by a third party payment processor used by the respective Store. The third party payment processor may collect financial payment information from you (e.g., your name, credit/debit card number, CVV and CVC codes, and passwords), which is necessary to make the payments for your Orders. Please note that the Company does not store your financial information. The third party payment processor handles all the steps in the payment process through its secured online payment system, including data collection and data processing. If you would like to know more about privacy principles governing the transactions of the third party payment processor, please read the privacy policy of the relevant third party payment processor.

4.7 Information collected from third parties. The Company may receive some personal data from third parties, such as data authentication providers and social media service providers, if you access the Application through such service providers. Please note that data processing of such service providers is governed by their individual privacy policies.

5. The purpose of processing of personal data

5.1 The Company respects data protection principles and uses the collected personal data only for the purposes for which personal data is provided.

5.2 The personal data collected through the Application is used only for:

  • Processing Orders placed by you;

  • Informing you about the progress of your Orders;

  • Contacting you with regard to provision and updates of the Application;

  • Verifying your contact details;

  • Customizing Application’s content based on your location;

  • Providing you with news, advertisements, offers, and other marketing material which may be of interest to you;

  • Delivering a newsletter; and

  • Audit and security purposes.

5.3 We will use your personal data for purposes that are different from the purposes identified in Section 5.2 of this Privacy Policy only if we obtain your prior express consent.

5.4 In case the Company is being sold partly or fully, the Company may also provide your personal data to a purchaser or successor entity.

6. Non-personal data

6.1 The Company may collect non-personal data, such as browser types, operating systems, time/date stamps, search history, location information, and the URL addresses of websites clicked to and from the Application. You may adjust your device settings or your user account settings through the Application in order to control the collection of such non-personal data.

6.2 The Company collects the non-personal data mentioned in Section 6.1 in order to analyze the use of the Application, how Customers find it, how long they stay, from which other places they come to the Application, what Orders Customers place, and to which other websites they go from the Application.

6.3 The Application uses Google Maps API(s). By using the Application, you agree that Google Privacy Policy available on http://www.google.com/policies/privacy will apply to your use of Google Maps API(s).

7. Security of personal data

7.1 The Company utilizes information security tools, such as secured networks, pseudonymisation, and encryption, for the purpose of protecting your personal data. The Company puts reasonable efforts to maintain the security of and to prevent misuse, loss, unauthorized access, and modification of your personal data.

7.2 However, due to the inherent risks of using the Internet, the Company cannot be liable for any destruction, loss, leakage, and falsification of personal data caused by circumstances beyond Company’s reasonable control.

7.3 The Customer is solely responsible for keeping online credentials, such as login details and passwords, in a private and secure manner. Under no circumstances shall the Company be responsible for unauthorized access and any damage whatsoever occurred due to the failure of the Customer to protect its online credentials.

8. Third party access to personal data

8.1 The Stores may access some of your personal data (e.g., your name, address, and phone number) in order to process and deliver the Orders placed by you. Although the Company carefully selects the Stores, it cannot be responsible for the security practices of the Stores. Please read the privacy policies of the respective Store before placing your Orders.

8.2 After obtaining your express consent, the Company may also share your personal data with the companies connected to YumaPOS cloud system as resellers or store but only those information which is related to relationships of you with these companies. These companies may let you know about goods and services, news, offers, and other marketing materials that can be of interest to you. You may unsubscribe from such marketing materials by following the instructions in those marketing materials (e.g., clicking on the “unsubscribe” link or sending an SMS). Push notifications can be declined by adjusting the privacy settings in the Application. Please note that push updates about Orders cannot be declined.

8.3 Third party service providers that provide the Company with technical services, such as software developers, hosting, website, and storing providers, customer support and marketing partners, may have access to your personal data for the purpose of service provision. Please note that such third party service providers perform services on behalf of the Company and they may be located outside of your country. The Company shall put reasonable efforts to assure that such third parties employ an adequate level of protection of personal data that is consistent with this Privacy Policy.

8.4 Please note that some of the Company’s subsidiaries and affiliates may be located outside of the country in which you use the Application. The Company puts reasonable efforts to assure that Company’s subsidiaries and affiliates adhere to the privacy principles set out in this Privacy Policy and the applicable privacy laws.

8.5 With the exceptions of the cases in Sections 8.1-8.4, the Company does not give your personal data to third parties, unless the Company is legally bound to do so.

8.6 The Company does not sell your personal information to third parties, and does not intend to do so in the future.

9. Accessing, correcting, and deleting personal data

9.1 The Company takes reasonable steps to ensure that the personal data collected and processed by the Company is accurate, complete, and up-to-date. Thus, we ask you to keep your personal data as current as possible and update your personal data through your user account in the Application as soon as any changes in your personal data occur.

9.2 You have the right to access, modify, or delete your personal data that is processed through the Application. If you would like to do so, please send an email to the following email address: support@yumapos.com. The Company will answer your request as soon as possible but no later than 14 calendar days.

10. Retention

10.1 Your personal data will be kept for as long as is necessary to provide you with the requested service (e.g., placing Orders through the Application). When your personal data is no longer necessary to provide you with the requested service (e.g., you delete your user account), the Company will delete your personal data as soon as possible. Please note that the Company does not store or back up any personal data after you delete your user account.

11. Links

11.1 The Application may contain web links to other websites. The Company is not responsible for the privacy practices of those websites.

12. Cookies

12.1 By using the Application, you agree to our use of cookies as described in this Privacy Policy. If you do not agree to our use of cookies, you need to either (1) discontinue your use of the Application or (2) set your device to refuse cookies. Please be aware that some parts of the Application may not function properly without cookies.

12.2 The Application uses cookies (i.e., small computer files consisting of letters and numbers). When you visit a website, the website may send a cookie to your browser. Subsequently, the browser may store the cookie on your computer system. The main purpose of cookies is to allow a website to recognize user’s device.

12.3 Cookies do not typically contain personal data. However, personal data stored by us may be linked to the information stored in and obtained from cookies.

12.4 The Company uses (1) session cookies (i.e., cookies stored on a web browser and valid until the moment when the browser is closed), and (2) persistent cookies (i.e., cookies that remain valid until their expiration date). The Company uses session cookies in order to verify your details until you are navigating in the Application. The session cookies enable you to avoid re-entering your details each time you use the Application. The Company uses persistent cookies in order to recognize you as a unique user when you use the Application. As a result, you do not have to enter your login details multiple times. The company will not use cookies for purposes, which are not mentioned in this Privacy Policy.

12.5 Google Analytics. The Company uses Google Analytics to analyze your use of the Application. Google Analytics generates statistical and other information about the Application by means of cookies. The information generated by Google Analytics in relation to the Application is used to create reports about the use of the Application. The Company uses the following Google Analytics advertising features: (1) Remarketing with Google Analytics; (2) Google Display Network Impression Reporting; (3) Google Analytics Demographics and Interest Reporting; and (4) Integrated services that require Google Analytics to collect data via advertising cookies and identifiers. You can opt out from Google Analytics advertising features through Ads Settings, Ad Settings for mobile apps, or any other available means.

12.6 Advertising. Third party vendors, including Google, use cookies to serve ads based on users’ prior use of the Application. You may opt out of the use of personalized advertising by visiting https://www.google.com/settings/u/0/ads/authenticated or by using the methods explained at http://www.aboutads.info/choices.

13. Contact details & complaints

13.1 If you have any questions or concerns about this Privacy Policy, please contact the Company by email at support@yumapos.com or please write to the following address:

YumaPOS

245 Saw Mill River Road

Hawthorne

New York 10532

The United States of America

13.2 You have the right to lodge a complaint about the way in which your privacy has been handled by contacting the Company. After you submit such a complaint, we will send you an email within 5 business days confirming that we have received your complaint. Afterwards, we will investigate your complaint and provide you with our response within a reasonable timeframe but no later than 2 weeks.

13.3 If you are not satisfied with our response, you have the right to lodge a complaint with data protection authority in the place of your residence.

14. Amendment of the Privacy Policy

14.1 The Company may amend this Privacy Policy from time to time by posting an amended version in the Application and seeking for your express consent. Your express consent will constitute your acknowledgment of the amendments and you shall be bound by the amended Privacy Policy.

15. Last Amendment

15.1 The date of the last amendment is 22nd of September 2017.

16. Other Relevant Documents

16.1 For more detailed information on the terms and conditions governing the use of the Application, please refer to the following documents:

16.2 By consenting to this Privacy Policy, you also agree to be legally bound to the terms of the documents mentioned in Section 16.1.