(Last modified on February 21, 2017)

Introduction, Definitions, Acceptance and Modifications

Welcome to the Shakepay Application and Website. We are confident that you will find our Services useful. This Privacy Policy (the “Policy”) covers several different situations, so please refer to the following definitions for clarification:

Application” refers to the free app for iOS or Android created and owned by Shakepay. Application also includes any Application updates and upgrades that Shakepay may provide to you or make available to you, or that you obtain after the date you obtain your initial copy of the Application, to the extent that such items are not accompanied by a separate privacy policy. The Application may be specified as either “iOS Application” or “Android Application”, for use with respect to the Application’s operating system environment.

Device” refers to the handheld or tablet device onto which you downloaded the Application and are using the Services.

Services” are the proprietary software services that Shakepay has developed to allow Users to complete certain Transactions, and related functionalities. The Services may be accessed through the Application or the Website.

Shakepay” refers to Shakepay Inc., a duly incorporated company located in the province of Quebec, Canada. Where the present Policy refers to “Shakepay”, it may refer to Shakepay or its employees, officers, directors, subcontractors, agents or representatives, depending on the context. Any reference to “we”, “our”, or “us” in this Policy shall also refer to Shakepay. In this Policy, a Website visitor or Services User may be referred to as “you”. When you have created an account, you may be referred to as a “User”, and when you have logged in with your account credentials, you may be referred to as a “Logged-in User”.

Transaction” refers to a financial transaction completed using the Services, as more fully described in the Terms of Use.

Website” is the website located at which is owned and operated by Shakepay, and includes all subdomains, present and future. Without limiting the generality of the foregoing, the Website includes the any subdomain of the domain, where the Services may be accessed.

Additional definitions may be made throughout this Policy, but they will be recognizable as they will be capitalized, bolded, and in quotation marks. Additional definitions may also be found in the Terms of Use, and will have the same meaning in this Policy as they do there. The definitions found in this Policy shall also apply to the Terms of Use.

By visiting the Website, using the Services on the Website, or downloading, using or accessing the Application on your Device in any capacity, you agree to be bound by the terms of the Policy. By submitting Personal Information to us through the Services or via other means, you consent to Shakepay’s collection, use and disclosure of such Personal Information (as that term is defined hereinbelow) in accordance with this Policy (as amended from time to time) and as permitted or required by law. If you do not agree to all the provisions contained in the Policy, you are not authorized to use the Website or Services. If you have downloaded the Application and do not agree to all the provisions of the Policy, you must delete the Application from your Device.

Shakepay reserves the right, at any time and without prior notice, to modify or replace any of the Policy. Any changes to the Policy can be found at this URL. It is your responsibility to check the Policy periodically for changes. Your use of the Website and / or the Services following the posting of any changes to the Policy constitutes acceptance of those changes. If there are any significant changes to the Policy that materially affect the way we treat your information, you will be notified upon logging-in to the Services or via email.

The Policy should be read in conjunction with the Terms of Use, as both these documents govern your use of the Website and / or Application.

If you have any questions about the Policy or if you wish to inquire about and / or access any Personal Information Shakepay holds about you, please contact:

Shakepay Legal Services

General Statement of Privacy and Protection of Personal Information

Shakepay takes your privacy and security of Personal Information very seriously. We have provided a secure environment and this strict Policy that describes the limited ways the information is used and the limited access to such information.

What Does This Privacy Policy Cover?

This Policy covers the treatment of personally-identifiable information, i.e. any information that identifies an individual, or can be used in conjunction with other information to identify an individual (“Personal Information”) and other information gathered by Shakepay when you are using or accessing the Website or using the Services. This Policy also covers Shakepay’s treatment of any Personal Information that Shakepay may share with its business partners or other third parties under very limited circumstances.

This Policy does not apply to the general practices and treatment of information (whether personal or not) by third parties that Shakepay does not own or control, including but not limited to any third-party websites or services that you elect to access through the Website or Services or via a link from the Website or Services (“Third-Party Website”), or to individuals that Shakepay does not manage or employ. While we attempt to facilitate access or link only to those Third-Party Websites that share our respect for your privacy, we cannot take responsibility for the content or privacy policies of those Third-Party Websites. We encourage you to carefully review the privacy policies of any Third-Party Website you access. We have named and provided links to the most important of these Third-Party Websites elsewhere in this Policy.

Finally, this Policy does not cover any Personal Information you send to Shakepay via any non-secured mode of communications such as email, instant messenger, Intercom, or Twitter, as communications via these methods may be subject to interception, loss, or alteration. While we welcome your comments and suggestions sent to us in this manner, we encourage you to carefully examine what Personal Information you send to Shakepay via these methods.

No Collection of Personal Information as a Matter of Course

Shakepay does not, as a matter of course, gather any of your Personal Information while you are using the Website or Services, unless you are asked to provide such information, for example by signing up for an account. Personal Information is only gathered with your informed consent. Where you have provided Personal Information, it will only be used for the stated purpose, as detailed more specifically in the next section.

Personal Information Collected and Its Uses

The following is an exhaustive list of Personal Information collected from you when you use the Website or Services and what we use it for. You acknowledge that you are submitting this Personal Information with your informed consent.

Security and Encryption of Information

Shakepay uses only industry best practices (physical, electronic and procedural) in keeping any data collected (including Personal Information) secure. In addition, Shakepay uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Website and the Services, and these third parties have been selected for their high standards of security, both electronic and physical. For example, Shakepay uses Digital Ocean and Google Cloud Platform, recognized leaders in secure data, for hosting of the Website and Services, and storage of information (including Personal Information). Please note that these third parties may not be located in your home jurisdiction – see the Transfer of Personal Information Outside Your Home Jurisdiction section further in this Policy for more information.

Where you use the Services to perform a Transaction, all Transaction data, including Financial Information, is transferred by encrypted Transport Layer Security (“TLS”), the highest modern standard for Internet financial transactions.

Limited Gathering of Information for Statistical, Analytical and Security Purposes

Shakepay automatically collects certain information using third-party analytics programs Google Analytics and Fabric to help us understand how our Users use the Website and Services, but none of this information identifies you personally. For example, each time you visit the Website, we automatically collect your IP address, browser and computer type, access times, the web page from which you came, and the web page(s) you access (as applicable). We use information collected in this manner only to better understand your needs and the needs of the Website or Services Users in the aggregate. Shakepay also makes use of information gathered for statistical purposes to keep track of the number of visits to the Website, the specific pages on the Website, and Users of the Services with a view to introducing improvements.

Your IP address and other relevant information may be used in order to trace any fraudulent or criminal activity, or any activity in violation of the Terms of Use.

Aggregated Information

In addition to the information collected by the analytics program as described in the previous section, we may also generate, use and disclose aggregated and / or anonymized information and statistics about the Services and Services Users for marketing and strategic purposes. However, no User of the Services will be individually identifiable from these aggregated and / or anonymized information and statistics.

Non-disclosure of Personal Information to Third Parties

Except as provided in the next paragraph and the next sections in this Policy on Email Communications and Financial Information, Shakepay does not divulge any Personal Information gathered via the Website or Services to third parties. Moreover, Shakepay does not sell, rent, trade or license any Personal Information regarding its Users to third parties. Only the employees, representatives, subcontractors, officers, agents, or assigns of Shakepay are responsible for the management and development of the Website and Services, and only these individuals have access to the information collected there. These employees, representatives, subcontractors, officers, agents or assigns all have been instructed to comply with the Policy.

Notwithstanding anything in the Policy to the contrary, we may share any information we have collected about you or that you have submitted (whether Personal Information or not): (1) in response to subpoenas, court orders, or legal process, or to establish, protect, or exercise our legal rights or defend against legal claims or demands; (2) if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, fraud, or situations involving potential threats to the safety of any person, or any violation of the Terms of Use; (3) if we believe it is necessary to investigate, prevent, or take action regarding situations that involve abuse of the Website or Services infrastructure or the Internet in general (such as voluminous spamming, denial of service attacks, or attempts to compromise the security of the Website or Services infrastructure or the Website or Services generally); (4) to a parent company, subsidiaries, joint ventures, or other companies under common control with Shakepay (in which case we will require such entities to honour this Policy); (5) if Shakepay merges with another entity, is subject to a corporate reorganization, sells or transfers all or part of its business, assets or shares (in which case we will require such entity to assume our obligations under this Policy, or inform you that you are covered by a new privacy policy).

Email Communications and Compliance with Anti-Spam Laws

Shakepay currently uses MailChimp and Intercom (“Email Providers”) to send out emails and manage our newsletter. Personal Information is transferred to the Email Providers in order for our email communications to function properly. Your Personal Information is only used for the proper sending out of email; the Email Providers do not use this Personal Information for any other purpose, and will not transfer or sell your Personal Information to any other third party. You may unsubscribe from receiving marketing emails from us at any time by following the link at the bottom of any email sent to you.

Shakepay’s practices with regards to its email practices are designed to be compliant with anti-spam laws, specifically the law unofficially called “CASL”, or Canada’s Anti-Spam Law. If you believe you have received email in violation of this law, please contact us using the contact information further up in this Policy.

Financial Information Transfer to Third Parties

When you use the Services to complete a Transaction, certain Financial Information is transferred to third parties in order to complete the Transaction, under the following circumstances. Your financial information is always encrypted and Shakepay does not have access to the unencrypted information.

General Information Transfer from the Services

Any information (Personal or not) the Services collect while you use them may be stored locally on your Device or computer and then transferred to servers controlled by Shakepay, and Shakepay may obtain this information as a result of the data being sent to our servers from the Services. The information, however, is only used (or not used) by Shakepay as described elsewhere in this Policy. Your contact information, date of sign-up, number of payments you have received may be provided to users when you transact with, on, or through Shakepay.

Transfer of Personal Information Outside Your Home Jurisdiction

Services Users may access the Services from any country in the world. Shakepay and its third-party vendors, including service providers and hosting partners, are located in the United States, Europe and Canada. You acknowledge that Shakepay and our third-party vendors may be located in jurisdictions or countries where the privacy laws may not be as protective as those in your home country, state, province or other governmental jurisdiction, and consent to the transfer of your Personal Information to such countries. Without limiting the generality of the foregoing, Users in the European Union acknowledge and agree that their Personal Information may be transferred to the United States.

Tracking Technology ("Cookies")

Shakepay uses tracking technology (“cookies” and related technology such as tags, pixels and web beacons) on the Website and in the Application and by using the Website or Services you agree to their use. Cookies are small text files placed on your hard drive or memory when you visit a website or use an Application, in order to track use and to improve the User experience by storing certain data on your computer or Device. The Website and Services uses “session cookies,” which improve your User experience by storing certain information from your current visit on your computer.

Specifically, we use the following cookies to perform the following functions:

        •        Session cookie for the Services to identify the Logged-in User. It expires when the User logs out;

        •        Authentication cookie for the Services to facilitate signing in;

        •        Google Analytics cookie to provide general internal and User analytics and to assist in identifying possible fraudulent activities;

        •        Intercom session cookie to help identify Users who use the customer support services provided by Intercom.

Your browser or Device can be set to refuse cookies or delete them after they have been stored. Please refer to your browser or Device’s help section for instructions. Please note that deleting or refusing these cookies may reduce your User experience by requiring you to re-enter certain information, including information required to use the Services. Furthermore, as we use authentication cookies, deleting those cookies may prevent certain functions, including the entirety of the Services, from working at all. Shakepay and its Representatives shall not be held responsible for any function that may not operate after you refuse or delete cookies, or any losses or damages arising from those functions not operating, or having reduced functionality.

User Control and Uninstall for the Application

For the Application, you can access and change certain User settings from the settings menu on your Device. You may also uninstall; uninstall methods may vary depending on your Device or iOS or Android version. Shakepay has no control over these functions and denies any responsibility of your use thereof, and any data or Personal Information sent to third parties as a result of said activities. Shakepay shall also not be held responsible for any damages, pecuniary or otherwise, for your failure to backup important information, including but not limited to your private key, prior to uninstalling the Application.

Verification, Correction and Deletion of Personal Information

You have the right to: (i) verify what Personal Information Shakepay holds about you; (ii) ask for your Personal Information to be corrected or updated; and (iii) to withdraw your consent to the use by Shakepay of your Personal Information and have it deleted from our records. If you wish to inquire about and verify and / or correct Personal Information Shakepay holds about you, or if you wish to have all your Personal Information permanently deleted from our records, please contact us using the contact information further up in this Policy. Please note that deletion of your Personal Information may make it impossible for you to use the Services, or certain portions thereof, and Shakepay accepts no responsibility for any damages, pecuniary or otherwise, resulting therefrom. If you request deletion of your Personal Information, Shakepay reserves the right to retain some of your Personal Information for a reasonable time in order to satisfy our legal obligations or under a legal procedure of any sort.

Risks Associated with the Internet and Wireless Data Transmission

Despite Shakepay's best efforts to ensure that third parties will not access or obtain your Personal Information through your use of the Website or Services, complete confidentiality and security cannot currently be guaranteed on the Internet and / or where data is transferred via wireless digital technology of any type. Communication via the Internet is subject to interception, loss, or alteration. You acknowledge and agree that Shakepay cannot be held responsible for damages resulting from the transmission of confidential information or Personal Information over the Internet and that such communications are at your own risk.

Limitation of Liability

Shakepay, and / or its respective officers, directors, owners, officials, partners, partnerships, principals, employees, affiliates and other related entities, servants, agents, representatives, successors and assigns, will not be held liable for any losses or damages (pecuniary or otherwise) resulting from the misuse of any information collected by any third party, or any misuse of any information collected through the Website or Services not in violation of the Policy.

Compliance with Privacy Laws

This Policy and Shakepay’s practices in general are designed to be in compliance with Canada’s Personal Information Protection and Electronic Documents Act (“PIPEDA”, S.C. 2000, c. 5) and Quebec’s An Act Respecting the Protection Of Personal Information in the Private Sector (R.S.Q. c. P-39.1). If you have any questions regarding this compliance, please contact us using the contact information further up in this Policy.

© Shakepay Inc. 2018