Privacy Policy

Effective Date: January 1, 2020

PayPal, Inc. (“PayPal,” “we,” “us,” or “our”) developed this Privacy Policy to explain how we may collect, Process, share, store, and transfer your Personal Data that you provide when you visit the Sites, access the Services and any other Site as a visitor or User (collectively “Simility Services”). All collection, use, and disclosure of your business and Personal Data will be governed under this Privacy Policy. If you create an Account to use the Simility Services or otherwise establish a Simility Account, our collection, use, and disclosure of your customers’ Personal Data will be governed in all respects by the terms of the Payment Services Agreement you enter into with us.
If you have questions about our privacy practices that are not addressed in this Privacy Policy, please contact us.

What Personal Data Do We Collect?

The Simility Sites are where you can learn more about Simility Services and how to become a User, sign up for more information about our Simility Services, or access your Account if you are a User. We may collect Personal Data about you when you visit or access the Simility Sites, including the following:
Personal Data You Provide to Us Voluntarily – We collect information about you that you voluntarily provide to us when you: (i) contact us to learn more about Simility, the Simility Services, or other opportunities you indicate are of interest at the time; (ii) access or use the Simility Service; or (iii) contact customer service. This information may include, for example, your name, mailing address, business name, and any other information that you choose to provide to us when you comment on materials on our Simility Services, in order to contact you as a potential customer, or respond to a support request. This also includes technical data, such as IP addresses and device identifiers that are commonly generated in establishing a connection with the Simility Services.
Retention – We collect and retain Personal Data submitted to the Simility Services in an identifiable format for the amount of time necessary to meet your request or fulfill our legal or regulatory obligations, unless it is in our legitimate business interests and not prohibited by law to maintain the Personal Data for longer periods.

How Do We Process Personal Data?

We may use information:
  • For our legitimate interests, namely:
    • To operate the Simility Services;
    • To contact and communicate with you when you reach out to us to ask us about our Simility Services;
    • To manage everyday business needs;
    • To analyze or improve the Simility Services or additional products or services; and
    • To protect the Simility Services and the rights of Users and others to enforce the terms of the Simility Services;
  • To comply with our obligations, including to comply with all applicable laws and regulations; and
  • To send you promotional materials from us or on behalf of our affiliates and business partners.

Sharing of Information

We share information with:
  • Other members of the PayPal corporate family such as our affiliated entities;
  • Other companies that we have hired to provide services on our behalf;
  • Other companies that we plan to merge with or be acquired by;
  • Other third parties where necessary for our business purposes or as required by law;
  • Businesses and members of the public, when data is aggregated and does not personally identify you; and
  • Otherwise with your consent.

International Transfers of Your Personal Data

Our operations are supported by a network of computers, cloud-based servers, and other infrastructure and information technology, including, but not limited to, third-party service providers.
We and our third-party service providers store and Process your Personal Data in the United States of America and elsewhere in the world. We will protect your information as described in this Privacy Policy if your Personal Data is transferred to other countries. The parties mentioned above may be established in jurisdictions other than your own and outside the European Economic Area and Switzerland.  These countries do not always afford an equivalent level of privacy protection.  We have taken specific steps to protect your Personal Data.  In particular, for transfers of your Personal Data within PayPal related companies, we rely on Binding Corporate Rules approved by competent Supervisory Authorities (available here).  Other transfers may be based on contractual protections.  Please contact us for more information about this.
By using our Sites and Services, you consent to your Personal Data being transferred to other countries, including countries that have different data protection rules than your country. Please contact us for more information about this.

Your Rights

You may review limited Personal Data after logging in to your Account. If you need to edit or update your information, please contact us. If you do not have an Account or if you have questions about your Account information or other Personal Data, please contact us.
Subject to limitations set out in data protection laws, You have certain rights in respect of Your Personal Data. In particular, You have a right of access, rectification, restriction, opposition, erasure and data portability. Please contact us at contact@simility.com if you wish to exercise these rights.
From time to time, we may send you emails regarding updates to our website, products or services, notices about our organization, or information about products/services we offer that we think may be of interest to you. If you wish to unsubscribe from such emails, simply click the “unsubscribe link” provided at the bottom of the email communication. Note that you cannot unsubscribe from certain Services-related email communications (e.g., account verification, confirmations of transactions, or technical or legal notices).

Cookies

When you visit the Simility Services, we and certain business partners and vendors may use cookies and other tracking technologies (collectively, “Cookies”) to recognize you and to otherwise customize your online experiences and other content and advertising; measure the effectiveness of promotions; and mitigate risk, prevent potential fraud, and promote trust and safety across the Simility Services. Certain aspects and features of the Simility Services are only available through the use of Cookies, so if you choose to disable or decline Cookies, your use of the Simility Services may be limited or not possible.
Please review our Statement on Cookies and Tracking Technologies to learn more about how we use Cookies.

Customer Data

A core component of using the Simility Service is your provision to us of data related to your company’s customer and transactions. Customer data is owned and controlled by our Users, and any customer data that we maintain or process we consider to be strictly confidential. We collect and process customer data solely on behalf of our Users, and in accordance with our agreements with the User. We do not use or disclose customer data except as authorized and required by our Users and provided for in our agreements with our Users.

Security

We maintain technical, physical, and administrative security measures designed to provide reasonable protection for your information against loss, misuse, unauthorized access, disclosure, and alteration. The security measures include firewalls, data encryption, physical access controls to our data centers, and information access authorization controls.

Children’s Privacy

The Simility Services are intended for a general audience and are not directed at individuals under the age of majority. We do not knowingly collect information from children or other individuals who are not legally able to use the Simility Services. If we obtain actual knowledge that we have collected information from a child, we will promptly delete it, unless we are legally obligated to retain such data. If you believe that we have mistakenly or unintentionally collected information from a child, please contact us.

Changes

We may change this Privacy Policy from time to time to reflect changes to our privacy practices for our Simility Services. The revised Privacy Policy will be effective as of the published Effective Date.
If we make a material change to the Privacy Policy, we will notify you in advance by posting notice of the change on the Simility Services before the change becomes effective. We also may notify you of the change using email or other means.

Contact

If you have general questions about our Privacy Policy and practices or questions about your Personal Data, please send us an email at simility-contact@paypal.onmicrosoft.com, or contact us at:
430 Sherman Ave, Suite 212
Palo Alto, CA 94306

Banking Regulations Notice for EEA Users

In general, the Luxembourg laws to which PayPal’s handling of user data is subject (data protection and bank secrecy) require a higher degree of transparency than most other EU laws. This is why, unlike the vast majority of providers of internet-based services or financial services in the EU, PayPal has listed in this Privacy Statement the third party service providers and business partners to whom we may disclose your data, together with the purpose of disclosure and type of information disclosed. You will find a link to those third parties here.  By accepting this Privacy Statement and maintaining an account with PayPal, you expressly consent to the transfer of your data to those third parties for the purposes listed.
PayPal may update the list of third parties referred to above every quarter (January 1st, April 1st, July 1st and October 1st). PayPal will only start transferring any data to any of the new entities or for the new purposes or data types indicated in each update after 30 days from the date when that list is made public through this Privacy Statement. You should review the list each quarter on the PayPal website on the dates stated above. If you do not object to the new data disclosure, within 30 days after the publication of the updated list of third parties, you are deemed to have accepted the changes to the list and to this Privacy Statement. If you do not agree with the changes, you may close your account and stop using our services.
In order to provide the PayPal Services, certain of the information we collect (as set out in this Privacy Statement) may be required to be transferred to other PayPal related companies or other entities, including those referred to in this section in their capacity as payment providers, payment processors or account holders (or similar capacities).  You acknowledge that according to their local legislation, such entities may be subject to laws, regulations, inquiries, investigations, or orders which may require the disclosure of information to the relevant authorities of the relevant country. Your use of the PayPal Services constitutes your consent to our transfer of such information to provide you the PayPal Services.
Specifically, you consent to and direct PayPal to do any and all of the following with your information:
  1. Disclose necessary information to: the police and other law enforcement agencies; security forces; competent governmental, intergovernmental or supranational bodies; competent agencies, departments, regulatory authorities, self-regulatory authorities or organisations (including, without limitation, the Agencies referenced in the “Agencies” section of the Third Party Provider List here) and other third parties, including PayPal Group companies, that (i) we are legally compelled and permitted to comply with, including but without limitation the Luxembourg laws of 24 July 2015 on the US Foreign Account Tax Compliance Act (“FATCA Law”) and 18 December 2015 on the OECD common reporting standard (“CRS Law”); (ii) we have reason to believe it is appropriate for us to cooperate with in investigations of fraud or other illegal activity or potential illegal activity, or (iii) to conduct investigations of violations of our User Agreement (including without limitation, your funding source or credit or debit card provider).
    If you are covered by the FATCA or CRS Law, we are required to give you notice of the information about you that we may transfer to various authorities. Please read more about PayPal’s obligations under the FATCA and CRS Law and how they could affect you as well as take note of the information we may disclose as result.
    We and other organisations, including parties that accept PayPal, may also share, access and use (including from other countries) necessary information (including, without limitation the information recorded by fraud prevention agencies) to help us and them assess and to manage risk (including, without limitation, to prevent fraud, money laundering and terrorist financing). Please contact us if you want to receive further details of the relevant fraud prevention agencies. For more information on these Agencies, fraud prevention agencies and other third parties, click here.
  2. Disclose Account Information to intellectual property right owners if under the applicable national law of an EU member state they have a claim against PayPal for an out-of-court information disclosure due to an infringement of their intellectual property rights for which PayPal Services have been used (for example, but without limitation, Sec. 19, para 2, sub-section 3 of the German Trademark Act or Sec. 101, para 2, sub-section 3 of the German Copyright Act).
  3. Disclose necessary information in response to the requirements of the credit card associations or a civil or criminal legal process.
  4. If you as a merchant use a third party to access or integrate PayPal, we may disclose to any such partner necessary information for the purpose of facilitating and maintaining such an arrangement (including, without limitation, the status of your PayPal integration, whether you have an active PayPal account and whether you may already be working with a different PayPal integration partner).
  5. Disclose necessary information to the payment processors, auditors, customer services providers, credit reference and fraud agencies, financial products providers, commercial partners, marketing and public relations companies, operational services providers, group companies, agencies, marketplaces and other third parties listed here. The purpose of this disclosure is to allow us to provide PayPal Services to you. We also set out in the list of third parties, under each ” Category”, non-exclusive examples of the actual third parties (which may include their assigns and successors) to whom we currently disclose your Account Information or to whom we may consider disclosing your Account Information, together with the purpose of doing so, and the actual information we disclose (except as explicitly stated, these third parties are limited by law or by contract from using the information for secondary purposes beyond the purposes for which the information was shared).
  6. Disclose necessary information to your agent or legal representative (such as the holder of a power of attorney that you grant, or a guardian appointed for you).
  7. Disclose aggregated statistical data with our business partners or for public relations. For example, we may disclose that a specific percentage of our users live in Manchester. However, this aggregated information is not tied to personal information.
  8. Share necessary Account Information with unaffiliated third parties (listed here) for their use for the following purposes:
    1. Fraud Prevention and Risk Management: to help prevent fraud or assess and manage risk. For example, if you use the PayPal Services to buy or sell goods using eBay Inc, or its affiliates (“eBay”), we may share Account Information with eBay in order to help protect your accounts from fraudulent activity, alert you if we detect such fraudulent activity on your accounts, or evaluate credit risk.
      As part of our fraud prevention and risk management efforts, we also may share necessary Account Information with eBay in cases where PayPal has placed a hold or other restriction on your account based on disputes, claims, chargebacks or other scenarios regarding the sale or purchase of goods. Also, as part of our fraud prevention and risk management efforts, we may share Account Information with eBay to enable them to operate their programmes for evaluating buyers or sellers.
    2. Customer Service: for customer service purposes, including to help service your accounts or resolve disputes (e.g., billing or transactional).
    3. Shipping: in connection with shipping and related services for purchases made using PayPal.
    4. Legal Compliance: to help them comply with anti-money laundering and counter-terrorist financing verification requirements.
    5. Service Providers: to enable service providers under contract with us to support our business operations, such as fraud prevention, bill collection, marketing, customer service and technology services. Our contracts dictate that these service providers only use your information in connection with the services they perform for us and not for their own benefit.

Definitions

Account means Simility account.
Personal Data means information that can be associated with an identified or identifiable person. “Personal Data” can include name, postal address (including billing and shipping addresses), telephone number, email address, financial account information, account number, and date of birth. Personal Data does not include information that does not identify a specific user.
Process describes any method or way that we handle Personal Data or sets of Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, and consultation, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction of Personal Data.
Services means all Simility products, services, content, features, technologies, or functions (including integrations with third party services) offered by PayPal and all related sites, applications and services.
Site means the Simility websites, mobile apps, official social media platforms, or other online properties through which PayPal offers the Services.
User means you or anyone else who has established a relationship with PayPal (for example, by opening an Account) or otherwise uses the Services or accesses the Sites.

California Consumer Privacy Act Notice

In this notice, we are addressing specific disclosure requirements under the California Consumer Privacy Act of 2018 for California residents. This notice should be read together with Simility’s Privacy Statement and applies to all California residents who visit our Sites or use the Services.

Personal Information Collection and Purposes of Use

We collect, use and share personal information regarding California residents as described in this notice.

We did not sell any consumers’ personal information in the preceding 12 months.

California residents may not be discriminated against because they exercise any of their rights.
In the preceding 12 months, we have collected the following categories of personal data from California residents:
We have collected such personal information from the following categories of sources:
We collected such personal information to use for the following purposes:
In the preceding 12 months, we shared personal data with the following categories of third parties:
a. Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers.
  • from you when you use our website and Services
  • corporate subsidiaries and parent organization
  • provide you with the Services
  • personalize your experience
  • perform analytics
  • respond to your requests and communicate with you
  • send you promotions and surveys
  • operate, maintain and provide you with features and functionality of the Service
  • service providers
  • third parties as required under applicable law, to prevent harm, financial loss, fraud, illegal activity, or to enforce our Terms of Use
  • corporate subsidiaries and parent organization
  • third parties in the event of a sale, purchase, divestiture, merger, acquisition, bankruptcy, dissolution, reorganization, liquidation, or similar transaction or proceedings
b. Any categories of personal information described in subdivision (e) of Section 1798.80: “Personal information” means any information that identifies, relates to, describes, or is capable of being associated with, a particular individual, including, but not limited to, his or her name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. “Personal information” does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records.”
  • from you when you use our website and Services
  • corporate subsidiaries and parent organization
  • provide you with the Services
  • personalize your experience
  • perform analytics
  • respond to your requests and communicate with you
  • send you promotions and surveys
  • operate, maintain and provide you with features and functionality of the Service
  • service providers
  • third parties as required under applicable law, to prevent harm, financial loss, fraud, illegal activity, or to enforce our Terms of Use
  • corporate subsidiaries and parent organization
  • third parties in the event of a sale, purchase, divestiture, merger, acquisition, bankruptcy, dissolution, reorganization, liquidation, or similar transaction or proceedings
c. Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
  • from you when you use our website and Services
  • provide you with the Services
  • personalize your experience
  • perform analytics
  • respond to your requests and communicate with you
  • send you promotions and surveys
  • operate, maintain and provide you with features and functionality of the Service
  • service providers
  • third parties as required under applicable law, to prevent harm, financial loss, fraud, illegal activity, or to enforce our Terms of Use
  • corporate subsidiaries and parent organization
  • third parties in the event of a sale, purchase, divestiture, merger, acquisition, bankruptcy, dissolution, reorganization, liquidation, or similar transaction or proceedings
d. Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an Internet Web site, application, or advertisement.
  • from you when you use our website and Services
  • service providers
  • provide you with the Services
  • personalize your experience
  • perform analytics
  • respond to your requests and communicate with you
  • send you promotions and surveys
  • operate, maintain and provide you with features and functionality of the Service
  • service providers
  • third parties as required under applicable law, to prevent harm, financial loss, fraud, illegal activity, or to enforce our Terms of Use
  • corporate subsidiaries and parent organization
  • third parties in the event of a sale, purchase, divestiture, merger, acquisition, bankruptcy, dissolution, reorganization, liquidation, or similar transaction or proceedings
e. Audio, electronic, visual, thermal, olfactory, or similar information.
  • from you when you use our website and Services
  • provide you with the Services
  • respond to your requests and communicate with you
  • operate, maintain and provide you with features and functionality of the Service
  • service providers
  • third parties as required under applicable law, to prevent harm, financial loss, fraud, illegal activity, or to enforce our Terms of Use
  • corporate subsidiaries and parent organization
  • third parties in the event of a sale, purchase, divestiture, merger, acquisition, bankruptcy, dissolution, reorganization, liquidation, or similar transaction or proceedings
f. Professional or employment-related information.
  • from you when you use our website and Services
  • provide you with the Services
  • personalize your experience
  • perform analytics
  • respond to your requests and communicate with you
  • send you promotions and surveys
  • operate, maintain and provide you with features and functionality of the Service
  • service providers
  • third parties as required under applicable law, to prevent harm, financial loss, fraud, illegal activity, or to enforce our Terms of Use
  • corporate subsidiaries and parent organization
  • third parties in the event of a sale, purchase, divestiture, merger, acquisition, bankruptcy, dissolution, reorganization, liquidation, or similar transaction or proceedings
g. Inferences drawn from any of the information identified in this subdivision to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
  • from you when you use our website and Services
  • provide you with the Services
  • personalize your experience
  • perform analytics
  • operate, maintain and provide you with features and functionality of the Service
  • service providers
  • third parties as required under applicable law, to prevent harm, financial loss, fraud, illegal activity, or to enforce our Terms of Use
  • corporate subsidiaries and parent organization
  • third parties in the event of a sale, purchase, divestiture, merger, acquisition, bankruptcy, dissolution, reorganization, liquidation, or similar transaction or proceedings