Privacy Notice

EFFECTIVE DATE: September 1, 2021

This “Privacy Notice” describes the practices of DA WING GOAT LLC. and its subsidiaries and affiliates (collectively, “DA WING”, “we”, “us”, or “our”) and the rights and choices available to individuals, regarding personal data. DA WING is a member of the First Data group of companies. Personal data means any information that relates to an identifiable individual.

DA WING may provide additional or supplemental privacy notices to individuals at the time we collect their data, which will govern how we may process the information provided at that time. We may alter this Privacy Statement as needed to abide by local laws or regulations around the world, such as by providing supplemental information in certain countries. This Privacy Notice does not apply to DA WING’s processing of the personal data of its personnel, such as employees and contractors.

  1. The personal data we collect

We collect personal data about individuals from various sources described below. Where applicable, we indicate whether and why individuals must provide us with personal data, as well as the consequences of failing to do so.

  1. Information that we collect when a merchant’s customer interacts with a DA WING POS

(i) Information that we collect when individuals make a payment

When you make a payment at DA WING Point of Sale system (“DA WING POS”), we collect information about the transaction, which may include personal data. Information about transactions includes the payment card used, name associated with the payment card, electronic signature, name and location of the merchant at which the transaction occurred, date and time of the transaction, transaction amount, and information about the goods or services purchased in the transaction.

(ii) Additional information merchants’ customers may provide through the DA WING POS

We may collect additional information, this information may include:

  • Your email address or phone number, for example, if you choose to receive an electronic receipt or opt-in to receive marketing communications
  • Your marketing preferences, such as whether you wish to receive marketing communications or newsletters
  • Information about your participation in a merchant’s loyalty program, if offered and if you choose to participate
  • Other information you choose to enter into the DA WING POS, such as your birthdate, interests or preferences, reviews, and feedback
  1. Information collected via automated means

When you access our websites or use our mobile applications, we, our service providers, and our partners may automatically collect information about you, your computer or mobile device, and activity on our websites or mobile applications. Typically, this information includes your computer or mobile device operating system type and version number, manufacturer and model, device identifier (such as the Google Advertising ID or Apple ID for Advertising), browser type, screen resolution, IP address, the website you visited before browsing to our website, general location information such as city, state or geographic area; and information about your use of and actions on or in our websites or mobile applications, such as pages or screens you accessed, how long you spent on a page or screen, navigation paths between pages or screens, information about your activity on a page or screen, access times, and length of access. Certain products or services that we provide or which merchants may incorporate into their websites or mobile applications may automatically collect additional information, as may be further described in a separate privacy notice.

Our service providers and business partners may collect this type of information over time and across third-party websites. This information is collected via various mechanisms, such as via cookies, web beacons, embedded scripts, through our mobile applications, and similar technologies. This type of information may also be collected when you read our HTML-enabled emails. Please refer to our Cookies Disclosure for more details. You can choose to disable cookies or to opt out of the use of your browsing behaviour for purposes of targeted advertising. For opt out instructions, please review the “Targeted online advertising” portion of the “Your Choices” section of this Privacy Notice.

 

  1. How we use your personal data

We use your personal data for the purposes of:

  1. Providing our products and services, which includes:
  • Operating, evaluating, maintaining, improving, and providing the features and functionality of our products and services
  • Fulfilling a payment or return transaction initiated by you
  • Delivering electronic receipts to consumers who request them via email or text message
  • Managing our relationship with you or your company
  • Carrying out our obligations, and exercising our rights, under our agreement with you or your company
  • Communicating with you regarding your account with us, if you have one, including by sending you service-related emails or messages (e.g., messages regarding account verification, changes or updates to the functionality of our products or services, technical and security notices and alerts, and support and administrative messages)
  • Facilitating communications between merchants’ customers and merchants regarding marketing messages and preferences
  • Personalizing the manner in which we provide our products and services
  • Maintaining records for merchants regarding their personnel’s interaction with and use of the DA WING POS (e.g., clock-in and clock-out time)
  • Maintaining records for merchants of their customers’ purchase activity and history
  • Checking for fraud or money laundering and/or managing either our or merchants’ risk
  • Administering and protecting our business
  • Providing support and maintenance for our products and services, including responding to your service-related requests, questions, and feedback
  1. For research and development

We use the information we collect for our own research and development purposes, which include:

  • Developing or improving our products and services
  • Developing and creating analytics and related reporting, such as regarding industry and fraud trends
  1. Marketing

We may use your personal data to form a view on what products or services we think you may want or need, or what may be of interest to you.

We may present opportunities when you use a DA WING POS to provide your personal data to DA WING and merchants to facilitate marketing communications between you and the merchant, and we will send such marketing communication if you agree to receive them.

We may contact merchants and merchant’s personnel with marketing communications using the personal data that the merchant provided to us if the merchant actively expresses interest in making a purchase of DA WING products or services or have made a purchase from us and, in any case, have not opted out of receiving that marketing, to the extent permitted by applicable law.

Where required by law, we will get your express opt-in consent before we share your personal data with any company outside the First Data group for marketing purposes.

You can ask us to stop sending you marketing messages at any time by contacting us using the details at Contact us section or clicking on the opt-out link included in each marketing message.

Should you choose to opt out of receiving our marketing messages, we will continue to carry out our other relevant activities using your personal data, including sending non-marketing messages.

  1. Compliance, fraud prevention and safety

We use your personal data as we believe necessary or appropriate to (a) enforce the terms and conditions that govern our products and services; (b) protect our rights, privacy, safety or property, and/or that of you or others; and (c) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity.

  1. With your consent

In some jurisdictions, applicable law may require us to request your consent to use your personal data in certain contexts, such as when we use certain cookies or similar technologies or would like to send you certain marketing messages. If we request your consent to use your personal data, you have the right to withdraw your consent any time in the manner indicated when we requested the consent or by contacting us. If you have consented to receive marketing communications from our third party partners, you may withdraw your consent by contacting those partners directly.

  1. To create anonymous data

We may create anonymous data from your personal data and from other individuals whose personal data we collect. We make personal data into anonymous data by excluding information that makes the data personally identifiable to you, and use that anonymous data for our lawful business purposes.

  1. To comply with laws and law enforcement; protection and safety

DA WING may disclose information about you to government or law enforcement officials (including tax authorities) or private parties as required by law, and disclose and use such information as we believe necessary or appropriate to:

(i) Comply with applicable laws, lawful requests, and legal processes, such as to respond to subpoenas or requests from government authorities.

(ii) Enforce the terms and conditions that govern our products and services.

(iii) Protect our rights, privacy, safety or property, and/or that of you or others; and

(iv) Protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity.

  1. Business transfers

DA WING 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 Notice.

  1. To other parties with your permission or to fulfill a contract they have with you

DA WING may transfer your personal data to any third party who is not otherwise covered by the other listed categories above where you have given us permission to do so, or with whom you have entered into a contract when we need to transfer your personal data to that party in order to fulfil that contract.

  1. Your rights and choices

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

  1. Marketing communications

You can ask us to stop sending you marketing messages at any time by contacting us or clicking on the opt-out link included in each marketing message. You may continue to receive service-related and other non-marketing messages. You may unsubscribe from a specific merchants’ communications sent to you via DA WING’s technology by clicking “Unfollow” (or a similarly-titled opt-out link).