Butter Payments, Inc. Privacy Policy

Effective as of December 6, 2023.

Please click here to view the previous version of our Privacy Policy.

Butter Payments, Inc. (“Butter,”“we”, “us” or “our”) provides a B2B payments technology service (the “Platform”) that helps our customers drive revenue growth by optimizing their current payment processing. This Privacy Policy describes how Butter processes personal information that we collect through our website that links to this Privacy Policy (the “Site”) and certain additional personal information described in the Notice to European Users section (collectively and where applicable, the “Service”).

This Privacy Policy does not apply to information that we process on behalf of our business customers while providing the Platform to them. Our use of information that we process on behalf of business customers is governed by our agreements with such business customers. If you have concerns regarding your personal information that we process on behalf of a business customer, please direct your concerns to that business customer.

NOTICE TO EUROPEAN USERS: Please see the Notice to European Users section for additional information for individuals located in the European Economic Area or United Kingdom (which we refer to as “Europe”, and “European” as should be understood accordingly) below.

Index

• Personal information we collect
• How we use your personal information
• Data Retention
• How we share your personal information
• Your choices
• Other sites and services
• Security
• International data transfers
• Children
• Changes to this Privacy Policy
• How to contact us
• Notice to European users

Personal information we collect

Information you provide to us. Personal information you mayprovide to us through the Site or otherwise includes:

• -Contact Data, such as your first and last name, salutation, email address, billing and mailing addresses, professional title and company name, and phone number.
• -Demographic Data, such as your city, state, country of residence, postal code, and age.
• -Communications Data based on our exchanges with you, including when you contact us through the Site (such as through the ‘Get in touch’ functionality), communicate with us via chat features, social media, or otherwise;
• -Marketing Data, such as your preferences for receiving our marketing communications and details about your engagement with them;
• -Promotion Data, including information you share when you enter a competition, promotion or complete a survey. Please note that if you participate in a sweepstakes, contest or giveaway, we may ask you for your Contact Data to notify you if you win or not, to verify your identity, determine your eligibility, and/or to send you prizes. In some situations, we may need additional information as a part of the entry process, such as a prize selection choice. These sweepstakes and contests are voluntary. We recommend that you read the rules and other relevant information for each sweepstakes and contest that you enter; and
• -Other Data not specifically listed here, which we will use as described in this Privacy Policy or as otherwise disclosedat the time of collection.

Third-party sources.

We may combine personal information we receive from you with personal information we obtain from other sources, such as:

• -Public Sources, such as government agencies, public records, and other publicly available sources.
• -Other Private Source Data, such as data providers and data licensors; and
• -Marketing Partner Data, such as joint marketing partners and event co-sponsors.

Automatic data collection.

We, our service providers, and our business partners may automatically log information about you, your computer or mobile device, and your interaction over time with the Site, our communications and other online services, such as:

• -Device Data, such as your computer or mobile device’s operating system type and version, manufacturer and model, browser type, screen resolution, RAM and disk size, CPU usage, device type (e.g., phone, tablet), IP address, unique identifiers (including identifiers used for advertising purposes), language settings, mobile device carrier, radio/network information (e.g., Wi-Fi, LTE, 3G), and general location information such as city, state or geographic area.
• -Online Activity Data, such as pages or screens you viewed, how long you spent on a page or screen, the website you visited before browsing to the Site, navigation paths between pages or screens, information about your activity on a page or screen, access times and duration of access, and whether you have opened our emails or clicked links within them.
• -Communication Interaction Data such as your interactions with our email, text or other communications (e.g., whether you open and/or forward emails) – we may do this through use of pixel tags (which are also known as clear GIFs), which may be embedded invisibly in our emails.

Cookies.

Some of our automatic data collection is facilitated by cookies and similar technologies. For more information, see our Cookie Notice. We will also store a record of your preferences in respect of the use of these technologies in connection with the Site.

How we use your personal information

We may use your personal information for the following purposes or as otherwise described at the time of collection:

Site delivery and operations. We may use your personal information to:

• -provide and operate the Site and our business;
• -communicate with you about the Site, including by sending Site-related announcements, updates, security alerts, and support and administrative messages;
• -understand your needs and interests, and personalize your experience with the Site and our communications; and
• -provide support for the Site, and respond to your requests, questions and feedback.

Analytics, research and development. We may use your personal information for research and development purposes, including to analyze your usage of the Site (including which pages are most and least visited and how visitors move around the Site), analyze and improve the Service and our business, to develop new products and services and to train machine learning models and artificial intelligence algorithms. As part of these activities, we may create aggregated, de-identified and/or anonymized data from personal information we collect. We make personal information into de-identified or anonymized data by removing information that makes the data personally identifiable to you. We may use this aggregated, de-identified or otherwise anonymized data and share it with third parties for our lawful business purposes, including to analyze and improve the Service and promote our business.

Marketing and advertising. We, our service providers and our third-party advertising partners, may collect and use your personal information for marketing and advertising purposes.

• -Direct marketing. We may send you direct marketing communications and may personalize these messages based on your needs and interests. You may opt-out of our marketing communications as described in the Opt-out of marketing section below.
• -Interest-based advertising. Our third-party advertising partners may use cookies and similar technologies to collect information about your interaction (including the data described in the automatic data collection section above) with the Site, our communications and other online services over time, and use that information to serve online ads that they think will interest you. This is called interest-based advertising. We may also share information about our users with these companies to facilitate interest-based advertising to those or similar users on other online platforms. You can learn more about your choices for limiting interest-based advertising in our Cookie Notice.

Events, promotions and contests. We may use your personal information to:

• -administer promotions and contests
• -communicate with you about promotions or contests in which you participate
• -contact or market to you after collecting your personal information at an event

Data sharing in the context of corporate events, we may share certain personal information in the context of actual or prospective corporate events.

Compliance and protection. We may use your personal information to:

• -comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas, investigations or requests from government authorities;
• -protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims);
• -audit our internal processes for compliance with legal and contractual requirements or our internal policies;
• -enforce the terms and conditions that govern the Service; and
• -prevent, identify, investigate and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft.

With your consent. In some cases, we may specifically ask for your consent to collect, use or share your personal information, such as when required by law.

Data Retention

We generally retain personal information to fulfill the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements, to establish or defend legal claims, or for fraud prevention purposes. To determine the appropriate retention period for personal information, we may consider factors such as the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.

When we no longer require the personal information we have collected about you, we may either delete it, anonymize it, or isolate it from further processing.

How we share your personal information

We may share your personal information with the following parties and as otherwise described in this Privacy Policy, in other applicable notices, or at the time of collection.

Affiliates. Our affiliates.

Service providers. Third parties that provide services on our behalf or help us operate the Service or our business (such as hosting, information technology, customer support, email delivery, marketing, consumer research and website analytics).

Advertising partners. Third-party advertising companies for the interest-based advertising purposes described above.

Third parties designated by you. We may share your personal information with third parties where you have instructed us or provided your consent to do so. For example, we may share your personal information with third-party advertisers with whom we are collaborating to offer you additional services such as sweepstakes, raffles, and promotions. We will share personal information that is needed for these other companies to provide the services that you have requested.

Business and marketing partners. Third parties with whom we co-sponsorevents or promotions, with whom we jointly offer products or services, or whose products or services may be of interest to you.

Professional advisors. Professional advisors, such as lawyers, auditors, bankers and insurers, where necessary in the course of the professional services that they render to us.

Authorities and others. Law enforcement, government authorities, and private parties, as we believe in good faith to be necessary or appropriate for the compliance and protection purposes described above.

Business transferees. We may disclose personal information in the context of actual or prospective business transactions (e.g., investments in Butter, financing of Butter, public stock offerings, or the sale, transfer or merger of all or part of our business, assets or shares), for example, we may need to share certain personal information with prospective counterparties and their advisers. We may also disclose your personal information to an acquirer, successor, or assignee of Butter as part of any merger, acquisition, sale of assets, or similar transaction, and/or in the event of an insolvency, bankruptcy, or receivership in which personal information is transferred to one or more third parties as one of our business assets.

Your choices

In this section, we describe the rights and choices available to all users. Users who are located in Europe can find additional information about their rights in the relevant sections below.

Opt-out of communications. You may opt-out of marketing-related emails by following the opt-out or unsubscribe instructions at the bottom of the email, or by contacting us. Please note that if you choose to opt-out of marketing-related emails, you may continue to receive service-related and other non-marketing emails.

Cookies. For information about cookies employed by the Site and how to control them, see our Cookie Notice.

Do Not Track. Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” or similar signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.

Declining to provide information. We need to collect personal information to provide certain services. If you do not provide the information we identify as required or mandatory, we may not be able to provide those services.

Other sites and services

The Site may contain links to websites, mobile applications, and other online services operated by third parties. In addition, our content may be integrated into web pages or other online services that are not associated with us. These links and integrations are not an endorsement of, or representation that we are affiliated with, any third party. We do not control websites, mobile applications or online services operated by third parties, and we are not responsible for their actions. We encourage you to read the privacy policies of the other websites, mobile applications and online services you use.

Security

We employ a number of technical, organizationaland physical safeguards designed to protect the personal information we collect. However, security risk is inherent in all internet and information technologies and we cannot guarantee the security of your personal information.

International data transfer

We are headquartered in the United States and may use service providers that operate in other countries. Your personal information may be transferred to the United States or other locations where privacy laws may not be as protective as those in your state, province, or country.

If you are based in Europe, please refer to the Notice to European Users for further details on international data transfers from Europe.

Children

The Site is not intended for use by anyone under 18 years of age. If you are a parent or guardian of a child from whom you believe we have collected personal information in a manner prohibited by law, please contact us. If we learn that we have collected personal information through the Site froma child without the consent of the child’s parent or guardian as required by law, we will comply with applicable legal requirements to delete the information.

Changes to this Privacy Policy

We reserve the right to modify this Privacy Policy at anytime. If we make material changes to this Privacy Policy, we will notify you by updating the date of this Privacy Policy and posting it on the Site or by other appropriate means. Any modifications to this Privacy Policy will be effective upon our posting the modified version (or as otherwise indicated at the time of posting). In all cases, your use of the Site after the effective date of any modified Privacy Policy indicates your acknowledging that the modified Privacy Policy applies to your interactions with the Site and our business.

How to contact us

• -Email: legal@butterpayments.com
• -Mail:
         Butter Payments, Inc.
         1 Letterman Drive, Ste. C-3500
         Attn: Legal
         San Francisco, CA 94129

Notice to European users

General

Where this Notice to European users applies. The information provided in this “Notice to European users” section applies only to individuals in the European Economic Area and the United Kingdom (i.e., “Europe” as defined at the top of this Privacy Policy).

Personal information. References to “personal information” in this Privacy Policy should be understood to include a reference to “personal data”as defined in the “GDPR” (i.e., the General Data Protection Regulation 2016/679 (“EU GDPR”) and the GDPR as it forms part of the laws of the United Kingdom (“UK GDPR”). Under the GDPR, “personal data” means information about individuals from which they are either directly identified or can be identified.

Additional personal information we collect in Europe. In addition to the personal information set out in the ‘Personal information we collect’ section above, we may also process:

• -TransactionData, such as transaction information, invoice and customer identifiers, transaction timestamps, payment method tokens, payment type, card scheme or network, Bank Identification Number (BIN), issuer country, currency and amount of the transaction, transaction status, and the issuer response.

We receive Transaction Data from our business customers when we provide the Platform to them. We may use Transaction Data for the purposes described in the ‘Our legal bases for processing’ section below.

Controller. Butter is the controller in respect of the processing of your personal information covered by this Privacy Policy for purposes of the GDPR. See the How to contact us section above for our contact details.

Our GDPR Representatives. We have appointed the following representatives in Europe as required by the GDPR – you can also contact them directly should you wish:

Our legal bases for processing

In respect of each of the purposes for which we use your personal information, the GDPR requires us to ensure that we have a “legal basis” for that use.

Our legal bases for processing your personal information described in this Privacy Policy are listed below.

• -Where we need to perform a contract, we are about to enter into or have entered into with you (“Contractual Necessity”).
• -Where it is necessary for our legitimate interests and your interests and fundamental rights do not override those interests (“Legitimate Interests”). More detail about the specific legitimate interests pursued in respect of each Purpose we use your personal information for is set out in the table below.
• -Where we need to comply with a legal or regulatory obligation (“Compliance with Law”).
• -Where we have your specific consent to carry out the processing for the Purpose in question (“Consent”).  

We have set out below, in a table format, the legal bases we rely on in respect of the relevant Purposes for which we use your personal information – for more information on these Purposes and the data types involved, see ‘How we use your personal information’.
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Retention

We retain personal information for as long as necessary to fulfil the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements, to establish or defend legal claims, or for Compliance and protection purposes.

To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.

When we no longer require the personal information, we have collected about you, we will either delete or anonymize it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible. If we anonymize your personal information (so that it can no longer be associated with you), we may use this information indefinitely without further notice to you.

Other info

No sensitive personal information. We ask that you not provide us with any sensitive personal information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership) on or through the services, or otherwise to us. If you provide us with any sensitive personal information to us when you use the services, you must consent to our processing and use of such sensitive personal information in accordance with this Privacy Policy. If you do not consent to our processing and use of such sensitive personal information, you must not submit such sensitive personal information through our services.

Your rights

General. European data protection laws give you certain rights regarding your personal information. If you are located in Europe, you may ask us to take the following actions in relation to your personal information that we hold:

• -Access. Provide you with information about our processing of your personal information and give you access to your personal information.
• -Correct. Update or correct inaccuracies in your personal information.
• -Delete. Delete your personal information where there is no good reason for us continuing to process it - you also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).
• -Transfer. Transfer a machine-readable copy of your personal information to you or a third party of your choice.
• -Restrict. Restrict the processing of your personal information, for example if you want us to establish its accuracy or the reason for processing it.
• -Object. Object to our processing of your personal information where we are relying on Legitimate Interests – you also have the right to object where we are processing your personal information for direct marketing purposes.
• -Withdraw Consent. When we use your personal information based on your consent, you have the right to withdraw that consent at any time.

Exercising These Rights. You may submit these requests by email to legal@butterpayments.com or our postal address provided above. We may request specific information from you to help us confirm your identity and process your request. Whether or not we are required to fulfill any request you make will depend on a number of factors (e.g., why and how we are processing your personal information), if we reject any request you may make (whether in whole or in part) we will let you know our grounds for doing so at the time, subject to any legal restrictions.

Your Right to Lodge a Complaint with your Supervisory Authority. In addition to your rights outlined above, if you are not satisfied with our response to a request you make, or how we process your personal information, you can make a complaint to the data protection regulator in your habitual place of residence.

• -For users in the European Economic Area – the contact information for the data protection regulator in your place of residence can be found here: https://edpb.europa.eu/about-edpb/board/members_en
• -For users in the UK – the contact information for the UK data protection regulator can be found here: https://ico.org.uk/make-a-complaint/

Data Processing outside Europe

We are a U.S.-based company and many of our service providers, advisers, partners or other recipients of data are also based in the U.S. This means that, if you use the Services, your personal information will necessarily be accessed and processed in the U.S. It may also be provided to recipients in other countries outside your home country.

It is important to note that the U.S. is not the subject of an ‘adequacy decision’ under certain international privacy laws, such as the GDPR, which means that the U.S. legal regime is not considered by certain relevant governmental bodies to provide an adequate level of protection for personal information.

Where we share your personal information with third parties who are based outside your home country, if required by applicable international privacy law, we try to ensure a similar degree of protection is afforded to it by making sure one of the following mechanisms is implemented:

• -Transfers to territories with an adequacy decision. We may transfer your personal information to countries or territories whose laws have been deemed to provide an adequate level of protection for personal information by relevant governmental authorities, such as the European Commission or UK Government (as and where applicable) (from time to time) where the GDPR applies.
• -Transfers to territories without an adequacy decision.
• • -We may transfer your personal information to countries or territories whose laws have not been deemed to provide such an adequate level of protection.
  • -However, in these cases:
  • • -we may use specific appropriate safeguards under the GDPR, which are designed to give personal information effectively the same protection it has in your home country – for example, standard-form contracts approved by relevant authorities for this purpose; or
    • -in limited circumstances, we may rely on an exception, or ‘derogation’ under applicable international privacy laws, which permits us to transfer your personal information to such country despite the absence of an ‘adequacy decision’ or ‘appropriate safeguards’ – for example, reliance on your explicit consent to that transfer where the GDPR applies.

Where provided for under applicable international privacy laws, you may contact us if you want further information on the specific mechanism used by us when transferring your personal information out of your home country.