This document is the terms of use (collectively, TOU). Within the TOU, the term you or End User refers to the individual end user which has been authorised to use the Terminal Plus product (Product) (and each merchant as an entity and user of the Product). The terms we, our, or us refers to the developer of the Product and you and the developer are each a Party and, collectively, the Parties to the TOU. The Product(s) as used in the TOU includes any web properties associated with the Product.

Terms of Use

You are allowed to use this Product only under the following terms:

1. Eligibility. In order to use this Product, you must be at least eighteen (18) years old and provide true, complete, and up to date contact information. By using the Product, you represent and warrant that you meet the requirements listed above, and that you will not use the Product in a way that violates any Laws, regulations, or the TOU. We may refuse service, close accounts of any users, and change eligibility requirements at any time. For purposes of the TOU, Law means all applicable European Union or Member States law or other:

   1. laws (including common law), ordinances, regulations, and codes; and

   2. orders, requirements, directives, decrees, decisions, judgments, interpretive letters, guidance and other official releases of any government, authority, department or agency, or any judicial or regulatory (including self-regulatory) organisation having authority, oversight jurisdiction or similar power over any of the Parties.

2. Term Period. The Term Period begins when you sign up for an account and continues for as long as you use the Product. If you sign up on behalf of another person, you represent and warrant that you have the authority to accept the TOU on that person’s behalf.

3. Closing Your Account. You may terminate End User’s use of the Product according to the written agreement you entered into with us (Agreement). We may suspend or terminate your use of the Product in accordance with the Agreement or for a violation or suspected violation of the TOU, or at any time, with or without cause. Once your account is terminated, we may permanently delete it and all of the data associated with it. If you do not log into your account for nine (9) or more months, we may treat your account as "inactive" and permanently delete it and all the data associated with it.

4. Changes. We reserve the right to change any of part of the TOU at any time by posting a revised TOU on our website or within the Product, and/or by sending an email to the last email address you gave us. The new TOU will become effective immediately and apply to any continued or new use of the Product. We may change our website, the Product, or any features of the Product at any time, without prior notice to you.

5. Account Username and Password. You are responsible for keeping the Product and your or any End User electronic account usernames and passwords confidential. You are also responsible for the use by any individual of any account that you have access to, whether or not you authorised such use. You will immediately notify us of any unauthorised use of your accounts. We are not liable to you or to any third party for any losses due to stolen, hacked, lost, or forgotten usernames and/or passwords. We do not have access to your password, and for security reasons, we will never request that you divulge your password to us.

6. Integration to Third Party Systems / Hardware. We are not responsible for any maintenance, development, or support related to integration of the Product with any third party system. You are solely responsible for obtaining certified hardware or equipment that is approved and enabled for the use of the Product as well as the installation, servicing, and maintenance of such hardware or equipment. You are responsible for ensuring that such hardware or equipment is compliant with software releases or other specifications required by us, as may be modified from time to time in our sole discretion.

7. Rights

   1. Proprietary Rights Owned by Us. You expressly agree to respect our proprietary rights in all components comprising the Product. Proprietary rights include, but are not limited to, any patents, trademarks, service marks, copyrights, trade secrets, trade names, and any other intellectual property.

   2. Proprietary Rights Owned by You. You represent and warrant that you either own or have permission to use all of the material you enter into the Product, including but not limited to, your brand, inventory, content, photographs, push notification messages, and all other information you enter into the Product. You retain ownership of the proprietary materials you upload to the Product. We may use or disclose your materials only as we describe in the TOU, or as required by Law.

8. Aggregation. We may use any of your data in an aggregated format in accordance with the TOU or as otherwise permitted by Law.

9. Privacy Policy. We may access, collect, use, and disclose your information in accordance with the Privacy Policy.

10. Right to Review. We may view, copy, and internally distribute content from your account to create algorithms and programs that help us spot problem accounts, improve the Product, offer additional services to you or to other customers, or for any other lawful purpose.

11. General Rules. You expressly agree to the following rules of use for the Product:

    1. You will not put into the Product any material, including graphics or other content, that is not created by you or that would violate any third party’s proprietary or legal rights.

    2. You will not use any misleading or incorrect names, addresses, email addresses, subject lines, or other information when using our Product.

    3. You will not upload or compose content that contains or offers any unlawful or illegal goods or services.

    4. You will not try to decipher, decompile, disassemble, or reverse engineer the Product.

    5. You will not import or incorporate any personal data, as defined in the Data Protection Act 2018, into the Product.

    Any breach of this section will be considered a material breach of the TOU and may result in immediate suspension or termination of your access to the Product.

12. Compliance with Laws. You represent and warrant that your use of the Product will comply with all Laws and regulations. You are responsible for determining whether the Product is suitable for you to use in light of any regulations that apply to your business. If you are subject to regulations and you use our Product, we are not liable if our Product does not meet those regulation requirements.

13. Reporting Violations. If you become aware that you or any End User is in violation of the TOU, you are required to notify us immediately.

14. Limitation of Liability.

    We shall not be liable to you for any indirect, special, incidental, exemplary, punitive, or consequential damages (including, without limitation, loss of business, revenue, profits, goodwill, use, data, or other economic advantage), whether based on breach of contract, tort (including negligence), product liability, or otherwise, and whether or not we have previously been advised of the possibility of such damages. To the fullest extent permitted by Law, our total liability to you under the TOU will not exceed the lesser of £5,000 or the fees paid by you under the Agreement for the three (3) month period prior to the event giving rise to damages.

15. No Warranties. All sales, use, and other tax information are estimates only, may not be accurate, and should not be relied upon for any purpose. You are responsible for the payment of all local taxes, and should consult a tax professional when calculating your taxes.

    Messages and notifications are for basic informational purposes only and are not intended to be relied upon in situations where such information is needed or where lost, erroneous, inaccurate or incomplete notification may lead to death, personal injury, property or environment damage. We do not guarantee the availability, accuracy, completeness, reliability, or timeliness of any data or information displayed by the Product. Further, we do not guarantee or represent any specific result or outcome as a result of you utilising the Product in any way.

    The Product is provided “As Is” and “As Available” without warranty or obligation to upgrade or enhance of any kind. To the maximum extent permitted by Law, we disclaim all warranties and conditions of any kind, whether express or implied, including, but not limited to:

    1. any implied warranties and conditions of accuracy, end user ability, fitness for a particular purpose and non-infringement; and

    2. that the Product will function with another software or system, or that it will function uninterrupted or error-free.

    We do not represent that the Product will be free from loss, corruption, attack, virus, interference, hacking or other security intrusion, and expressly disclaim any liability relating thereto.

    We do not guarantee you, and shall not be held liable for any loss of revenue associated with, level of exposure, downloads, sales, satisfaction, successful implementation, or installations with respect to the Product.

16. Dispute Resolution

    1. If you are a consumer, please note that the TOU, its subject matter and its formation are governed by English Law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

    2. If you are a business, the terms of the TOU, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English Law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

17. Indemnity. You shall defend, indemnify, and hold us harmless from any losses (including legal fees) that arise in connection with any third party claim or demand against us and all of our damages arising out of, resulting from, or in connection with:

    1. your breach of the TOU;

    2. your, or any End User’s, use of the Product in violation of the terms set forth in the TOU; or

    3. any hardware or equipment utilised by you in relation to the Products.

18. Third Parties. We are not responsible for the behavior or accuracy of any advertisers, linked websites, customers or consumers, or other End Users.

19. Equitable Relief. If you breach any of your obligations under the TOU, then we may seek injunctive or other equitable relief.

20. Assignments. You may not assign any of your rights under the TOU to anyone else without our prior written consent. We may assign our rights to any other individual or entity at any time, at our discretion.

21. Force Majeure. We will not be liable for any delay, failure in performance, loss or damages or for any failure of the Product because of circumstances beyond our control. Such circumstances may include, but are not limited to: natural disasters, acts of war or terrorism, riots, labour conditions, governmental action, power outages, or internet disturbances.

22. Severability. If any clause of the TOU is held to be unenforceable by a court of competent jurisdiction, that clause will be removed or edited, and the rest of the TOU will remain in full force and effect.

23. SMS messages. By using the Product, you agree to receive SMS text messages relating to the Product, Services, our website properties, and other services, products, advertisements, offers, and solicitations offered by our us, our affiliates, our customers, and other third parties.

24. Obligations. You will provide all documents and take any actions necessary to meet your obligations under the TOU.

25. Notices. Any notice to you will be effective when we:

    1. send a copy of the notice to the last email or physical address you gave us; or

    2. post a copy of the notice in our Product or on our website.

    Any notice from you to us shall be sent via registered mail or overnight courier to: GPUK LLP, trading as Global Payments, Granite House, Granite Way, Syston, Leicester LE7 1PL, Attn: Corporate Secretary, and will be effective upon actual receipt.

26. Entire Agreement. The TOU and any additional terms from any additional documentation you have agreed to, embody the entire agreement and understanding of the Parties, and supersede all prior agreements, representations, and understandings. As it relates to the Product, in the event of any conflict, ambiguity or inconsistency between the TOU and any other document, the terms of the TOU shall govern, unless otherwise stated therein.

At Global Payments, its subsidiaries and affiliates, we respect your concerns about privacy. This privacy notice relates to the collection of personal data from users of our websites and mobile applications in the course of our business activities.

Our privacy practices vary depending on the services we provide. For some products and services, where required, we will provide additional privacy notices before collecting your personal data. Please read this notice carefully, as it provides an overview of the possible circumstances in which we may interact with your personal data. If you have any questions about how we use your personal data, you may contact us at privacy@globalpay.com or by the methods provided in the “Contact Us” section below.

Global Payments’ products and services include point-of-sale solutions that enable our customers to process credit and debit payments and perform a variety of back office functions including invoicing, inventory and personnel management.  For our customers, information about disclosures, transfers and other processing of personal data as part of the services we provide is set out in the documentation provided to them at or before onboarding. This notice is a supplement, not a replacement, to that documentation and relates specifically to information we collect through our websites and mobile applications.

Global Payments collects personal data from users of our websites and mobile applications. Such users may be customers or prospective customers of Global Payments, of our customer’s end users who engage with our websites and mobile applications as part of the services we provide to our customers. Because Global Payments’ relationship with our customer’s end users is indirect, we process such end user personal data only for the purposes of providing the services to our clients, in accordance with our Customer’s instructions.

Under applicable privacy laws, Global Payments would be considered a service provider or processor.  If you are an end user who has a relationship with one of our customers and you have a question about how your personal data is collected, used, or shared, or would like to exercise any rights you may have with respect to your personal data, please contact the customer directly.

Select one of the links below to jump to the relevant section:

• Personal data we collect
• Sources of personal data
• How we use the personal data we collect
• How we share the personal data we collect
• Our relationship with affiliate companies (including sharing and cross-border transfers)
• Login details and your responsibility
• How we protect and dispose of personal data
• Cookies and Other Tracking Technologies
• External Links
• Managing Your Preferences
• Your Legal Rights
• Children
• Changes & Updates
• Contact Us

Personal data we collect

Personal data is information that may identify you as an individual. Subject to your consent if required by law, we may collect the following types of personal data related to users of our websites and mobile applications, who might be our customers, prospective customers, and end users of our customers who engage with our websites and mobile applications as part of the services we provide:

• Identifiers: name and contact information, such as telephone number, email address, or postal address;
• Login credentials: such as username and password;
• Internet/electronic activity collected through cookies or similar technology: such as IP address and email username
• Professional or employment related information: your status with the organisation with which you are affiliated or information you provide as a job applicant, and your time clock information where features is available and enabled; and/or
• Location information: information stored on the device of our customers used to optimise their experience with the website and our applications.

Sources of personal data

With your consent if required by law, we may collect personal data from several sources that we use to provide our services to you, to analyse and improve our services, and to communicate with you. Those sources include:

Data that you provide to us: when you set up an account with us, use our services, or communicate with us. For example, if you register for an online account with us, we may request your name, contact information and business information. Providing us with personal data about yourself is voluntary, and you can always choose not to provide certain information, but then you may not be able to take advantage of or participate in some of the services.

Data collected from third parties: collected in the course of providing our services to you. For example, we may collect personal data from credit-reporting agencies to enable us to identify you, prevent possible fraud and to deliver the services to you.

Data collected automatically through technology: when you visit our websites and mobile applications or interact with an email we send to you, such as your account or device identifier, and usage information such as pages that you visit, information about links you click, the types of content you interact with, the frequency and duration of your activities, and other information about how you use our services. You have the ability to express your preference regarding some of the ways we collect information through technology in some of our services.

How we use the personal data we collect

Subject to your consent, if required by law, we may use your personal data for the following business purposes:

• Providing our services and related support: including to help fulfill your requests for products and services; to communicate with you about your use of our services; to respond to your inquiries; to provide troubleshooting and other technical support; to facilitate software delivery, including managing staff, initiating sales, refunds and generating reports; and for other customer service and support purposes as needed.  
• Protecting the integrity of the services: including to verify your identity; to detect and prevent fraud and unauthorised access and activities; to preserve the integrity of the services and our systems; to enforce our applicable terms; and to protect the rights and safety of others.
• Analysing and improving the services and our business: including to better understand how users access and use our services; to evaluate and improve the services and our business operations; to develop new features, offerings and services; to conduct surveys and other evaluations; and for other research and analytical purposes.
• Personalising the Services: including to tailor content we send or display on our websites (e.g., for your geographic area); to offer personalised help and instructions; and to otherwise personalise your experiences with the services.  
• Advertising, marketing and promotional purposes: including to reach you with more relevant ads and to evaluate, measure and improve the effectiveness of our ad campaigns; to contact you about our services, and those of our affiliates, as well as other information we think may interest you.  Where required by applicable law, we will obtain your consent to use your personal data for marketing and related purposes.  
• Securing and protecting our business: including to protect and secure our business operations, assets, services, network and information and technology resources; to investigate, prevent, detect and take action regarding fraud, unauthorised access, situations involving potential threats to the rights or safety of any person or third party, or other unauthorised activities or misconduct.
• Defending our legal rights: including to manage and respond to actual and potential legal disputes and claims, and to otherwise establish, defend or protect our rights or interests, including in the context of anticipated or actual litigation with users or third parties.  
• Auditing, reporting, corporate governance, and internal operations: including relating to financial, tax and accounting audits; audits and assessments of our operations, privacy, security and financial controls, risk, and compliance with legal obligations; our general business, accounting, record keeping and legal functions; to maintain appropriate business records; to enforce company policies and procedures; and related to any actual or contemplated merger, acquisition, asset sale or transfer, financing, bankruptcy or restructuring of all or part of our business.
• Complying with legal obligations: including to comply with the law, our legal obligations and legal process, such as warrants, subpoenas, court orders, and regulatory or law enforcement requests.  

How we share the personal data we collect

Except as otherwise specified, we may share your personal data in the manner and for the purposes described below:

• With Global Payments’ affiliates where such disclosure is necessary to provide you with our services or to manage our business.  
• With third-party service providers whose systems, applications, products or services help us to provide the services. For example, we may share personal data with IT service providers who help manage our back office systems or administer our websites and mobile applications. These service providers are under contractual obligations and have agreed to confidentiality restrictions and to only use any personal data we share with them, or which they collect on our behalf, for the purpose of providing the contracted service to us. We may also share identifiers with logistics service providers to enable the delivery of packages to individuals.
• With our customer with whom you are also engaging when you use the services. Each such customer operates independently from Global Payments and their collection and use of your personal data is not subject to this notice but to their own privacy notices.
• With other third parties  including financial institutions such as Visa®, MasterCard®, Discover® Card services, and banking institutions involved in supporting, clearing or settling payment-related transactions.
• With advertisers and analytics providers, we may share internet/electronic activity information in order to help us measure our ad campaigns and better understand how individuals interact with our websites and mobile applications.

Global Payments may also disclose personal data about you if it believes such disclosure is necessary to comply with laws or respond to lawful requests and legal process, to enforce our agreements, policies and terms of use and to protect or defend the rights, safety or property of Global Payments, users of the services or any person.

In addition, subject to applicable legal requirements, we may share personal data in connection with or during negotiation of any merger, financing, acquisition, bankruptcy, dissolution, transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business assets to another company.

Unless otherwise disclosed in a specific notice, and subject to your consent, if required by applicable law, we do not sell your personal data to third parties.

Our relationship with affiliate companies (Including sharing and cross-border transfers)

Subject to your consent, if required by law, we may appoint an affiliate company to process personal data in a service provider role. In most cases, we will remain responsible for that company’s processing of your personal data pursuant to applicable data privacy laws.

Because our affiliate companies are located around the globe, your personal data may be transferred to and stored in the United States or in another country outside of the country in which you reside, which may be subject to different standards of data protection than your country of residence. We will take appropriate steps to ensure that transfers of personal data are made in accordance with applicable law, are carefully managed to protect your privacy rights and interests and limited to countries which are recognised as providing an adequate level of legal protection or where alternative adequate arrangements are in place to protect your privacy rights. As required by law, Global Payments implements adequate safeguards to ensure the protection of personal data transferred outside the European Economic Area or the United Kingdom.

Login details and your responsibility

Subject to your consent, if required by law, we will collect and process your personal data as necessary to set up and administer your sign up to, and use of, the log in facility available on our websites and mobile applications. With your consent, we will use “cookies” to recognise the machine or other device you use to access our websites. If we contact you, we will never ask you for your password in an unsolicited email, message or phone call. If you choose to use the log in facility available on our websites and mobile applications, you are required to adhere to the security procedures we establish in the documentation we provide you as part of the services.

How we protect and dispose of personal information

We maintain administrative, technical and physical safeguards designed to protect the personal data you provide against accidental, unlawful or unauthorised destruction, loss, alteration, access, disclosure or use.

Any suspected attempt to breach our policies and procedures and the security of our systems, or to engage in any type of unauthorised action involving our information systems, is regarded as potential criminal activity. Suspected attempts to access or use our systems in a way that is inconsistent with our legal terms or security controls may be reported to the appropriate authorities.

Please remember that communications over the Internet such as emails are not secure. We seek to keep secure all confidential information and personal data submitted to us in accordance with our obligations under applicable laws and regulations. However, like all website operators, we cannot guarantee the security of any data transmitted through the Internet. 

We store some personal data we collect and use on servers located in the United States. Therefore, your information may be subject to the laws of the United States and appropriate safeguards as required under applicable law. When we no longer need your personal data to provide the services, it will be securely deleted or de-identified in a manner that ensures you cannot be re-identified. Where we are collecting or storing your personal data on behalf of our customer, the retention of your personal data may be subject to our contractual obligations to our customer.

Cookies and Other Tracking Technologies

Subject to your consent, if required by law, we may use unique device identifiers like IP address to recognise a user’s computer or other device used to access our websites and mobile applications. Cookies or similar tracking technologies are used to help us remember information about your visit to the site, like your country, language and other settings, allowing us to understand who has seen which websites, advertisements, or emails we have sent to determine how frequently particular pages are visited, as well as the relevance and effectiveness of our messages. They can also help us to operate our websites more efficiently and make your next visit easier.

When technically feasible and as required under applicable laws, we will enable tools to help you make choices about cookies and other tracking technologies. You may also delete or block cookies at any time by changing your browser settings. If you delete or block cookies, some features of the websites may not function properly.

External Links

We may provide links on our websites to other websites that are not under our control. We do not endorse or make any warranty of any type regarding the content contained on such websites or products and services offered on those websites. We make no representation regarding your use of such websites. Please be aware that we are not responsible for the privacy practices of the operators of other websites. We encourage our users to be aware when they leave our websites and to read the privacy statements of every website that collects personal data. This notice applies solely to information collected by Global Payments.

Managing Your Preferences

Subject to your consent if required by applicable law, we may use your personal data to provide you with direct marketing information about our products and services as well as those of our global affiliates and third parties. Our direct marketing may be by email, telephone, post or SMS or such other method(s) as may become relevant. In addition, we may provide direct marketing information and permit others to do that as allowed by our customers’ respective contracts.

We will take steps to seek to ensure that any direct marketing from us and which is sent by electronic means will provide a simple means for you to stop further communications, in accordance with applicable law. For example, in emails, we provide you with an “unsubscribe” link, or an email address to which you can send an opt-out request. In addition, if we need your consent for direct marketing communications under applicable law, and if you provide your consent, you will be able to change your mind at any time.

Your Legal Rights

If you use our website or mobile applications for the purpose of engaging with one of our customers and have questions about legal rights you may have with respect to your personal information collected by our Customer, please consult the customer with which you have engaged.

Subject to certain exemptions, and in some cases dependent upon the processing activity we are undertaking, users have certain rights in relation to their personal information. These rights may include:

Rights	What does this mean?
Right to be informed	You have the right to be provided with clear and easy-to-understand information about how we use your personal data. This is why we are providing you this notice and we may provide other forms of notice, as appropriate or required by law, in the services.
Right to access personal information	You have the right to access and receive a copy of personal data we hold about you.
Right to rectification	You have the right to correct or update your personal data if it is outdated, incorrect or incomplete.
Right to data portability	In some circumstances, you have the right to receive the personal data you request from us in a format that is user-friendly and enables you to transfer it to another provider.
Right of erasure (“right to be forgotten”)	In some circumstances, you have the right to have your personal data erased or deleted.
Right to withdraw your consent to the use of your personal information	You may withdraw your consent to the use and disclosure of personal information.
Right to restrict/suspend processing of personal information	You may object to processing of personal data that is based on legitimate interest. You may withdraw consent for processing that is based on consent (this includes the right to opt out of direct marketing).
Right to information about data transfers	You have the right to obtain a copy of documents related to the safeguards under which your personal data is transferred outside the EU.
Right to complain to a supervisory authority	You have the right to contact the data protection authority in your country if you have any concerns about our data protection and privacy practices.

In order to honour any access or deletion request, we will require you to provide enough information for us to verify your identity. For example, we may ask you for information associated with your account, including your contact information or other identifying information. If you designate an authorised agent to make a rights request on your behalf, we may require proper proof of that authorisation as well as direct verification of your identity from you.

Children

Our websites are not intended for use by children. We do not solicit or knowingly accept any personal information from persons under the age of eighteen (18). Please do not use this website if you are under the age of eighteen (18).

Changes and Updates

We reserve the right, in our sole discretion, to modify, update, add to, discontinue, remove or otherwise change any portion of this notice, in whole or in part, at any time. When we amend this notice, we will revise the “Last Updated” date located at the top of the document. We will also take reasonable steps to ensure you are made aware of any material updates including providing you direct communication about such changes or providing a notification through the services, as appropriate. The most current version of this notice will be available on the websites and mobile applications and will supersede all previous versions of this notice.

Contact Us

If you have questions about this notice, or if you want to exercise your rights as described in this notice, you may submit a request by completing this form or contact us as follows:
GPUK LLP, trading as Global Payments, Granite House, Granite Way, Syston, Leicester LE7 1P
Attn: Data Protection Officer
Email: dpo@globalpay.com