THE SIRKLE PRIVACY POLICY

Your privacy is important to SIRKLE.  As such, SIRKLE wants to help you better understand how it collects, uses, protects, and shares your personal data. The Policy does not apply to other websites or services it does not control.

This Privacy Policy is incorporated into, and forms an integral part of, the SIRKLE Terms of Service. The meaning of any capitalized term can be found in the Definitions section. Other terms may be defined in the Terms of Service. Please note that SIRKLE’s services may vary by region. SIRKLE encourages you to read this Privacy Policy carefully and take the time to get to know its practices. If you have questions about this Privacy Policy or SIRKLE’s privacy practices, please contact support@thesirkle.com.

Privacy Legislation

SIRKLE’S privacy policy adheres to applicable legislation.  Most notably, but not limited to, the European Union’s General Data Protection Regulation (GDPR) and the South African Protection of Personal Information Act (POPIA).  Should privacy legislation in other territories differ vastly from the above, our policy will be amended to include it.

Definitions

 “Account Information” means data about how and when a SIRKLE account is accessed and the features used.

“Browser Information” means data provided by a browser, including the IP address, the website visited, network connection, device information, and other data, including Cookies.

“Business or Business User” means a business which promotes on SIRKLE but does not offer eCommerce services.

“Contact Information” means basic personal details, including such information as first and last name, company name, email address, postal address, phone number, and may include social media account information.

“Payment Information” means, for example, bank, credit or debit card details.

“Security Information” means user ID, password and other security information used for authentication and account access.

“Support Information” includes hardware, software, authentication data, chat session contents, error reports, performance data, and other communication or technical information and may, with express permission, include remote access to facilitate troubleshooting.

“Transaction Information” means the data related to transactions that occur on our platform, including product, order, shipping information, contact Information, and payment information.

“Automated Decision Making” means a decision made solely by automated means without human involvement.

“Controller” means an entity that determines the purposes and means of the Processing of Personal Data.

“Cookie” is a small text file (up to 4KB) created by a website that is stored in the user's computer either temporarily for that session only, or permanently on the hard disk (persistent cookie). Cookies provide a way for the website to recognize you and keep track of your preferences to improve your user experience on the site.

“Merchant” means a business entity that uses SIRKLE Services for ecommerce. 

“Personal Data” means any information relating to an identified or identifiable natural person.  

“Processing” means any operation or set of operations which is performed upon Personal Data, whether by automatic means, including, but not limited to, alteration, collection, organization, recording, retrieval, storage, transmission, and use.

“Processor” means the entity which processes Personal Data on behalf of the Controller.

“Consumer User / Consumer” means an entity that interacts with the ecommerce offering of a Merchant through the SIRKLE platform.

Merchants and Business Users

Merchant Policies. Merchants should help Consumers understand how the Merchant collects and processes their Personal Data. To that end, Merchants must post an accurate privacy policy on their storefront that complies with all applicable laws and regulations;

Information Collected. When a Merchant or Business User interacts with our Website, for example, by signing up for a subscription or adding locations and promotions, SIRKLE may collect and control information such as Account Information, Browser Information, Contact Information, Payment Information, Support Information, and Security Information.

Information Usage. SIRKLE uses this information to provide Merchants and Business Users with our Services, confirm identities, provide support, invoicing, to resolve incidents related to the use of our Website and Services, to improve and personalize our Services, and to comply with legal requirements. SIRKLE may use this information in other cases where it has received express permission.

Consumer Users

Information Collected. When Consumers interact with a Merchant’s ecommerce offering through the SIRKLE platform, it may collect and process Browser Information and Transaction Information of the Consumer on behalf of the Merchant.

Information Usage. SIRKLE uses this information as a Processor to provide its Services to Merchants, improve and personalize our Services and manage risk and fraud.

Visitors

Information Collected. When visitors browse the SIRKLE Website or App, or engage in communications with SIRKLE, SIRKLE may collect, and control Browser Information, Support Information, and Contact Information submitted using any messaging features.

Information Usage. SIRKLE uses this information to provide our Services, improve and personalize Services, and provide support if needed.

Communications

With Merchants and Business Users

Email. SIRKLE may notify a Merchant or Business User by email or other means when a subscription is ending, when they have no active promotions, or when a Merchant received an order.

Account. SIRKLE sends certain required communications, such as account notices or information, to users of SIRKLE’s Services.

With Consumer Users

Email.  SIRKLE may send emails to Consumers with a summary of their orders and the contact details of Merchants.

Push Notifications.  Merchants and Business Users may send push notifications to the mobile devices of Consumers for promotional purposes.  This is an opt in functionality.

Information Sharing

SIRKLE will never be reckless with your personal data. SIRKLE guarantees that it will always use it for its intended purposes only.

However, SIRKLE’s Services are possible because of a variety of third parties and service providers. Sometimes it is necessary to share Merchant or Consumer Personal Data with them to support SIRKLE’s Services. SIRKLE may access, transfer, disclose, and/or preserve that Personal Data with consent, or in the following circumstances.

  • Compliance: If SIRKLE has a good faith belief that doing so is necessary to: (i) comply with applicable law or respond to valid legal process, including from law enforcement or other government agencies; or (ii) protect the rights or property of SIRKLE, including enforcing the terms governing the use of the Services.
  • Protection: If SIRKLE has a good faith belief that doing so is necessary to: (i) protect Merchants, Consumers or visitors; for example, to prevent spam or attempts to defraud users of its Services, or in response to threats of safety of any person; (ii) operate and maintain the security of its service, including to prevent or stop an attack on its computer systems or networks.

Service Providers. SIRKLE may from time to time use a limited number of third-party service providers to assist it in providing Services for the purposes described in this Privacy Policy.

Payment Processing.  SIRKLE shares payment data with its appointed payment portal providers.    Actual payment will be processed by the payment portal providers.

Automated Decision-Making

Some Personal Data may be used in Automated Decision Making to help SIRKLE screen accounts for risk, fraud, or abuse concerns.

Information Protection

SIRKLE maintains administrative, technical, and physical security measures designed to provide reasonable protection for Personal Data against unauthorized access, disclosure, alteration, loss, and misuse. These security measures include internal, external and perimeter surveillance cameras, as well as various levels of network security.   

SIRKLE’s payment portal providers are certified as a PCI DSS Level 1 compliant service providers, which is the highest level of compliance available.   Unfortunately, no method of Internet use, data transmission, or electronic storage is completely secure, so SIRKLE cannot guarantee the absolute security of Personal Data.

While SIRKLE is dedicated to securing its Website and Services, you are responsible for securing and maintaining the privacy of your passwords and account information. SIRKLE is not responsible for protecting Personal Data shared with a third-party based on an account connection that you have authorized.

Accountability for Onward Transfer

SIRKLE provides services around the world. To provide Services, it may be necessary to transmit Personal Data outside of the country, state, or province where the data was received.

Data Processors. SIRKLE will only share or disclose Personal Data to Processors that SIRKLE has contractually obligated to provide at least the same level of privacy protection. Furthermore, SIRKLE will obligate any Processor to the specified, explicit and legitimate purposes consistent with your consent.

Remedial Measures. If SIRKLE learns Personal Data is not protected according to the contract, or is being processed beyond your consent, SIRKLE will take reasonable steps to protect your information and/or cease its illegitimate processing.

Access to Your Personal Data

SIRKLE understands that you have rights over your Personal Data, and provides reasonable steps to allow you to access, correct, amend, delete, port, or limit the use of your Personal Data. This includes the right to withdraw, at any time, your consent for SIRKLE’s collection and use. Additionally, you may have the right to make a complaint with the Data Protection Authority in your country.

Merchants, Business Users and Consumers can update many types of collected Personal Data directly within their accounts. Please contact SIRKLE if you are unable to access or otherwise change your Personal Data within your account, or if you are concerned about other data collected.

Note to Consumers. SIRKLE is a Processor to your Merchant. You may also wish to contact your Merchant(s) directly regarding your Personal Data they have collected. SIRKLE can only forward your request to them. Any deletion or limitation on the use of your Personal Data may negatively affect your use of SIRKLE’s Services.

Enforcement; Recourse

Inquiries and complaints relating to SIRKLE’S treatment of Personal Data may be directed to support@thesirkle.com