This “Privacy Policy” explains how Bath Fitter Holdings Inc. (“Company” or “we”) collects, uses, discloses, and otherwise processes personal data on behalf of our customers – typically, merchants (any, a “Merchant”) – in connection with the use of our application, BPro for payment purposes. This Privacy Policy does not apply to Company’s privacy practices in any other context.

Company’s processing of personal data in connection with the use of our application for credit card payment purposes is governed by this Privacy Policy and our agreements with Merchants if any.

This Privacy Policy is not a substitute for any privacy policy that a Merchant may be required to provide to their customers, personnel, or other individuals.

Information We collect

We may collect personal data from or on behalf of Merchants. Merchants determine the scope of the personal data transferred to us or that we collect, and the information we receive may vary by Merchant. Typically, the information we collect on behalf of Merchants includes:

Information that we collect when a customer for a Merchant makes a payment.

When a customer makes a payment via a Clover payment device, we collect encrypted information of the payment card used by customer. Such information may include the payment card used, name associated with the payment card, date and time of the transaction, payment card expiry date, CVV number, amount to debit.

We may also collect additional information ancillary to the payment, like for example Customers’ email address or phone number, such as when the customer chooses to receive an electronic receipt.

In addition, we collect: payment amount, payment status, payment type, payment transaction, confirmation number and last 4 digits of the payment card.

Information that we collect about personnel of a Merchant

We do not collect information about Merchants’ personnel and interactions with the Clover payment device.

Additional information that Merchants provide to us about their customers or personnel

Merchants do not provide us with any additional information via the BPro app.

How we use the information we collect

We use the personal data we collect for or on behalf of Merchants to complete payment of the transaction between Merchant and customer and get confirmation thereof.

In addition, Company may use personal data as we believe necessary or appropriate to (a) comply with applicable laws and lawful requests and legal processes, such as to respond to subpoenas or requests from government authorities; (b) enforce the terms and conditions that govern our application; (c) protect our rights, privacy, safety or property, and/or that of you or others; and (d) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity.

How we share information

We may share personal data that we collect with:

• The Merchant from whom or on whose behalf we collected the personal data
• The Clover payment platform. You may view Clover’s Privacy Notice here.

Company may disclose personal data to government or law enforcement officials or private parties as required by law, and disclose and use such information as we believe necessary or appropriate to (a) comply with applicable laws and lawful requests and legal processes, such as to respond to subpoenas or requests from government authorities; (b) enforce the terms and conditions that govern our application; (c) protect our rights, privacy, safety or property, and/or that of you or others; and (d) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity.

Company may sell or transfer some or all of its business or assets, including your personal data, in connection with a business transaction (or potential business transaction) such as a merger, consolidation, acquisition, reorganization or sale of assets or in the event of bankruptcy, in which case we will make reasonable efforts to require the recipient to honor this Privacy Policy.

Your rights and choices

Data subject rights

To the extent that applicable law provides individuals with rights pertaining to their personal information, such as to review and request changes to their personal information, individuals should contact the Merchant with any requests pertaining to the Merchant’s use of our application. To the extent that Clover is responsible for responding to data subject rights requests under applicable law, individuals may contact Clover with applicable requests as explained in Clover’s Privacy Notice, https://www.clover.com/privacy-policy. Company will assist a Merchant, or Clover, as applicable, in responding to such requests subject to our contract with a Merchant or Clover.

Complaints

If you have a complaint about our handling of personal data, you may contact us via the contact information provided below.

Updates

We reserve the right to modify this Privacy Policy at any time. We will notify you of updates by updating the date of this Privacy Policy.

Contact us

You may contact us with any questions, comments, or complaints, about this Privacy Policy or our privacy practices via: privacy@bathfitter.com

Your California privacy rights

As a California resident, you have the rights listed below. However, these rights are not absolute, and we may decline your request as permitted by the CCPA.

• Information. You can request the following information about how we have collected and used your Personal Information during the past 12 months:
• The categories of Personal Information that we have collected.
• The categories of sources from which we collected Personal Information.
• The business or commercial purpose for collecting and/or selling Personal Information.
• The business or commercial purpose for collecting and/or selling Personal Information.
• Whether we have disclosed your Personal Information for a business purpose, and if so, the categories of Personal Information received by each category of recipient.
• Whether we’ve sold your Personal Information; and, if so, the categories of Personal Information received by each category of recipient.
• Access. You can request a copy of the Personal Information that we maintain about you.
• Deletion. You can ask us to delete the Personal Information that we maintain about you.
• Nondiscrimination. You are entitled to exercise the rights described above free from discrimination. This means that we will not penalize you for exercising your rights by taking actions such as by denying you goods or services, increasing the price/rate of goods or services, decreasing the service quality, or suggesting that we may penalize you as described above for exercising your rights. However, the CCPA allows us to charge you a different price or provide a different service quality if that difference is reasonably related to the value of the Personal Information we are unable to use.

How to exercise your rights

You may exercise your California privacy rights as follows:

Right to information, access and deletion

You can request to exercise your information, access and deletion rights in the following ways:

• Email at privacy@bathfitter.com
• Identity verification. The CCPA requires us to verify the identity of the individual submitting the request before providing a substantive response to the request. A request must be provided with sufficient detail to allow us to understand, evaluate and respond. The requester must provide sufficient information to allow us to reasonably verify that the individual is the person about whom we collected information. A request may also be made on behalf of your child under 13.
• Authorized agents. California residents can empower an “authorized agent” to submit requests on their behalf. We may require the authorized agent to have a written authorization confirming that authority.

Sale of personal information

We do not sell, as defined under CCPA, your Personal Information to third parties.

In the preceding twelve (12) months, we have not sold any personal information collected via our application B Pro .