Pimsical Retail OS Privacy Policy and Terms

Privacy Policy

Welcome to our Privacy Policy. This Privacy Policy helps you to make informed decisions about your relationship with Pimsical Retail OS, owned and operated by Finners Development LTD ("Finners Development", "Pimsical", "Pimsical Retail OS", "we", "us", "our").

1. Introduction

This is our Privacy Policy, the Privacy Policy is here to:

  1. Explain how we use information that you share with us in order to build a great service;
  2. Give you an understanding of what information we collect with your permission, and what we do and do not do with it;
  3. Hold us accountable for protecting your rights and your privacy under the following policy.

All the information we collect is related to providing the Service and its features. We collect information to provide the Service. This includes but is not limited to:

When you agree to our Privacy Policy, you give us the right to collect this information and use it for the purposes described.

We hope this helps you understand our privacy commitments to you. If you ever have any questions or concerns, then contact us at [email protected].

Throughout this Privacy Policy we refer to "Finners Development" using the terms defined in our Terms and Conditions.

2. Key highlights of what you’re consenting to

By using or interacting with the Service, you are consenting to:

  1. the use of cookies and other technologies
  2. the transfer of your information outside of the country where you live, this will mainly be inside the EEA but may result in data transferred to the US by our technical service provider, this is covered under the EU-US Privacy Shield
  3. the collection, use, sharing, and other processing of your information to provide you with a Service.

In each case, you consent to the processing of data by the entities described in this Privacy Policy, including the Finners Development entity, as data controller, indicated at the bottom of this document and Cloudflare as a data processor and technical service provider, who have their own privacy policy which can be found here. If you don't agree with the terms of this Privacy Policy, then please don't use the Service.

3. The information we collect

We may collect and store the following information.

3.1. Registration data

Your store name, and store access token provided when installing the app. This is used to identify your store and allow us to provide the Service.

3.2. Operational data

You may optionally provide more information to us, in order to allow the creation, management, maintenance and run requests, draft orders and inventory information from and with Shopify.

This includes the Shopify Access Token which we only store an encrypted copy of.

We also store information about your stock, stock requests and retail store, this is used to provide the Service.

3.3. Payment data

If you purchase any of our Paid Subscriptions (as defined in the Terms and Conditions), or make other purchases through the Service, your credit or debit card information (such as card type and expiration date) and other financial data that we need to process your payment may be collected and stored by Shopify, we will only store a tokenised version of this information and hold no financial information ourselves.

The Shopify will have its own Terms and Conditions and Privacy Policy, by using the Service you agree to these and all associated agreements as defined in our Terms and Conditions. By accepting the Privacy Policy, you are explicitly authorising us to use and share your information, including with business and service partners, which may be located outside your country of residence. This consent is given for the duration of your relationship with us.

3.4. Usage, log data & cookies

When you use or interact with the Service, we may use technologies that collect information about how the Service is accessed and used. This information may include:

  1. information about your type of subscription and your interactions with the Service, such as interactions with other users, Third Party Applications;
  2. the details of the requests you make and the date time of your request
  3. technical data, which may include URL information, cookie data, your IP address, the types of devices you are using to access or connect to the Service, device attributes, network connection type, network and device performance, browser type, language.

4. How we use the information we collect

Consistent with the permissions you give us to collect the information, we may use the information we collect, including your personal information:

  1. to provide, and improve your experience with the Service;
  2. to ensure technical functionality of the Service, develop new products and services, and analyse your use of the Service;
  3. to communicate with you for Service-related or research purposes including via emails, notifications, or other messages, which you agree to receive;
  4. to enable and promote the Service and other services or products, either within or outside the Service;
  5. to process your payment;
  6. to enforce this Privacy Policy, the Terms and Conditions, and any other terms that you have agreed to;
  7. as otherwise stated in this Privacy Policy.

5. Sharing information

This section describes how the information collected or generated through your use of the Service may be shared by you or by us.

5.1. Third Party Applications

We may automatically share your activity with connected Third Party Applications. You understand and agree that that such information may be attributed to your account on the Third Party Application and may be published on such service.

You understand and agree that Third Party Application’s use of information collected from you (or as authorised by you) is governed by Third Party Application’s privacy policies on the relevant service, and our use of such information is governed by this Privacy Policy.

Third Party Applications include but in no means limited to:

5.2. Sharing by Us

5.2.1. Service providers and others

We may from time to time share your information with service providers to perform functions and process user data and help provide our Services, consistent with this Privacy Policy. For example, we work with analytics providers to help us understand the use of our Services. Where a third party processes user data on its own behalf, its processing is subject to its own Privacy Policy and applicable law.

5.2.2. Other sharing

In addition to the above, we may also share information with third parties for these purposes:

6. Your settings

We do not send your marketing emails or promotions, should this change we will provide you with settings to allow you to choose which communications you receive.

7. Transfer to other countries

We transfer, processes and stores information about our users on servers located in a number of countries. We may also subcontract processing to, or share your information with, third parties located in countries other than your home country. Your personal information may be subject to privacy laws that are different from those in your country of residence. Information collected within the European Economic Area and Switzerland may, for example, be transferred to and processed by third parties, located in a country outside of the European Economic Area and Switzerland for example by our technical service provider, this is covered under the EU-US Privacy Shield.

We may display content that links to third party websites and links inside of User Content. We cannot control or be held responsible for third parties’ privacy practices and content, please read their privacy policies to find out how they collect and process your personal information. We are also not responsible for the content or the links or any information contained, you follow these links at your own risk.

9. Security

We are committed to protecting our users’ information privacy. If you are using a shared device then you may wish to limit access to your computer and browser, and log out after having used the Service to protect your information.

While we take data protection precautions, no security measures are completely secure, and we do not guarantee the security of user information.

10. Accessing and updating user information

If you have questions about your privacy on the Service, this Privacy Policy, or information we have about you, please contact us at [email protected]. We will respond to all requests as soon as we are able to, but make no guarantees about how quickly we will respond.

11. Changes to the Privacy Policy

We may, in our discretion, make changes to the Agreements. Changes will be made in accordance to the terms set out in the Agreements. Continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you keep up to date with the Agreements regularly. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate the Agreements by contacting us at [email protected].

Terms and Conditions

Welcome to our Terms and Conditions. This is important, so please read them and our Privacy Policy and other terms referenced in this document.

1. Introduction

Thanks for choosing Pimsical Retail OS, owned and operated by Finners Development LTD ("Finners Development", "Pimsical", "Pimsical Retail OS", "we", "us", "our"). It is registered in England and Wales under company number 11111134, whose registered office is at 108 Dock House, Navigation Walk, Leeds, West Yorkshire, UK LS10 1JJ.

By signing up or otherwise using our service, websites, and software applications (together, the "Service"), or accessing any through the Service (the "Content") you are entering into a binding contract with us. Your agreement with us includes these Terms and Conditions ("Terms"), Privacy Policy (Together referred to as "Agreements"). If you wish to review the Agreements, they can be found on our website. You acknowledge that you have read and understood the Agreements, accept and agree to be bound by them. If you don’t agree with them, then you may not use the Service.

Please read the Agreements carefully. They cover important information about the Service provided to you and any charges, taxes, and fees we bill you. The Agreements include information about future changes to the Agreements, automatic renewals and privacy information. In order to use the Service and access the Content, you need to be 18 or older, have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and be resident in a country where the Service is available. Any information that you provided you agree the information you provide is true, complete and accurate, and you agree to keep it that way at all times.

2. Changes to the Agreements

We may, make changes to the Agreements. In some cases, we will notify you of changes in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate the Agreements by contacting us at [email protected].

3. Enjoying Pimsical

Here’s some information about all the ways you can enjoy Pimsical and Pimsical Retail OS.

3.1. Our Services & Paid Subscriptions

Pimsical Retail OS provides certain services requiring payment before you can access them. The Pimsical Retail OS services that may be accessed after payment are currently referred to as the "Paid Subscriptions".

3.2. Storing your Data

To provide you a Service we need to connect to your Shopify store. We will hold, including but not limited to your stock room requests, draft orders, inventory and retail store data. We have to do this in order to provide you with a Service.

4. Rights we grant you

The Service, software applications and the Content are licensed, not sold, to you, and we retain ownership of all copies of the software applications and Content even after installation on your personal computers, mobile handsets, tablets, and/or other relevant devices ("Devices").

All trademarks, service marks, trade names, logos, domain names, and any other features of the Pimsical Retail OS brand ("Brand Features") are the sole property of Finners Development LTD. The Agreements do not grant you any rights to use any Brand Features whether for commercial or non-commercial use.

You agree to abide by our Community guidelines and not to use the Service, the Content, or any part thereof in any manner not expressly permitted by the Agreements.

5. Third Party Applications

The Service is integrated with third party applications, and services. These may have their own terms and conditions and privacy policies and your use of these is governed by their terms and conditions and privacy policies. You understand and agree that we do not endorse and are not responsible or liable for the behaviour, features, or content of any third party applications, and services. This includes but not limited to our technical service provider Cloudflare who have their own terms and conditions and privacy policy for example.

6. User-Generated Content

Pimsical Retail OS users may post, upload, and/or contribute ("post") content to the Service (which may include, for example, pictures, text, messages, information and/or other types of content) ("User Content"). For the avoidance of doubt, "User Content" includes any such content posted to any other part of the Service.

You promise and agree that any User Content you post, you have the right to post, and does not violate the Agreements, applicable law, or the intellectual property (including without limitation copyright), publicity, personality, or other rights of others or imply any affiliation or endorsement by Pimsical Retail OS or any individual without express written consent from such individual.

We may, but have no obligation to, monitor and review User Content. In all these cases, we reserve the right to remove any User Content for any or no reason, including but not limited to, User Content that violates the Agreements. We will take these actions without prior notification to you. Removal of User Content shall be at our sole discretion, and we do not promise to remove any specific User Content.

We may, but have no obligation to, remove User Content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms.

You are solely responsible for all User Content that you post. We are not responsible for User Content, nor does it endorse any opinion contained in any User Content. You agree to indemnify and hold us harmless to any claims, damages, losses and expenses.

7. Rights you grant us

The rights granted to you under the Agreements, to allow the Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Service. If you provide feedback, ideas or suggestions to Pimsical Retail OS in connection with the Service or Content ("Feedback"), you acknowledge that the Feedback is not confidential and that we can use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content. You grant Pimsical Retail OS a non-exclusive, transferable, sub-licensable, royalty-free, perpetual and worldwide licence to use in any way including make available to the public any of your Feedback in connection with the Service through any medium. Where applicable under applicable law, you agree to waive any "moral rights" (or the equivalent under applicable law) for example your right to be identified as the author of any Feedback, and your right to object.

8. User guidelines

We’ve established a few rules for you to follow when using the Service. Please follow these rules and encourage others to do the same.

The following is not permitted whatsoever:

Please respect Pimsical Retail OS, the owners of the Content, and other users of the Service and the wider Community. Do not post any User Content which is or includes User Content that:

You acknowledge that posting any such User Content may result in immediate termination of your account. We have no responsibility for your choices to post material on the Service. If you believe that any User Content does not comply with the Community guidelines or the Agreements, then please contact us at [email protected].

9. Service limitations and modifications

We will make reasonable efforts to keep the Service operational. However, certain technical difficulties or maintenance may result in interruptions. Pimsical Retail OS reserves the right at any time, to modify or discontinue, temporarily or permanently, functions and features of the Service, without notice, all without liability to you. You understand and agree that Pimsical Retail OS has no obligation to maintain, support, upgrade, or update the Service.

We are not liable for any disruption or impact to your business resulting from your use of the Service.

10. Customer support

For customer support, please contact us at [email protected]. We try to respond to Customer Support within a reasonable time frame, but we make nor offer any service level agreement, guarantees or warranties of any kind and no guarantees to provide a satisfactory answer or conclusion.

11. Payments, cancellations, and cooling off

Paid Subscriptions can be purchased by paying a monthly subscription fee. When you register for a Paid Subscription, you consent to get access to a Paid Subscription immediately.

Your payment to us will automatically renew at the end of the subscription period, unless you cancel your Paid Subscription. The cancellation will take effect immediately and you will be downgraded this will limit your usage of the service. If you cancel your payment or Paid Subscription after you have accessed the Service at any time after registering for a Paid Subscription or before the end of the current subscription period, we will not refund any subscription fees already paid to us.

Pimsical Retail OS may change the price for the Paid Subscriptions at any time and will communicate any price changes to you in advance. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. You accept the new price by continuing to use the Service after the price change takes effect. If you do not agree with the price changes, you may cancel your Paid Subscription prior to the price change going into effect.

12. Term and termination

The Agreements will continue to apply to you until terminated by either you or Pimsical Retail OS. You acknowledge and agree that the perpetual licence granted by you in relation to User Content, including Feedback, is binding and therefore continue after expiry or termination of any of the Agreements for any reason. We may terminate the Agreements or suspend your access to the Service at any time. If you or Pimsical Retail OS terminate the Agreements, or if we suspend your access to the Service, you agree that Pimsical Retail OS shall have no liability and/or responsibility to you and Pimsical Retail OS will not refund any amounts that you have already paid. To terminate your account, please contact us at [email protected].

Sections of the Agreements that, either explicitly or by their nature, must remain in effect even after termination of the Agreements, shall survive termination.

13. Warranty and disclaimer

We endeavour to provide the best service we can, but you agree that the Service is provided "as is" and "as available", without any warranty. You use the Service at your own risk, we do not warrant that the Service is free of any harmful components. We take no responsibility for any Third Party Applications or Content, User Content, or any content or service offered via a link, you should use your own judgment and exercise caution. No information or content provided shall form a warranty on behalf of Pimsical Retail OS.

14. Limitation

You agree that your remedy for any problems or dissatisfaction with the Service is to stop using and/or uninstall the Service. While we accept no responsibility for third party applications or their content and they may be governed by their own Terms and Privacy Policies, you remedy for any problems or dissatisfaction is to stop using and/or uninstall the third party services.

In no event will Finners Development LTD, its directors or any associated persons be liable for any damages, loss of use, data, business or profiles in all cases arising from the use of the Service, Pimsical Retail OS or Third Party Applications, regardless of legal theory or aggregated liability for any and all claims relating to the Service.

15. Entire agreement

Other than as stated or as explicitly agreed upon in writing between you and Pimsical Retail OS, the Agreements constitute all the terms and conditions agreed upon between you and Pimsical Retail OS and supersede any prior agreements.

16. Severability and waiver

Should any provision of the Agreements be held invalid for any reason or to any extent, such invalidity shall not in any manner affect or render invalid the remaining sections of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.

Any failure by Pimsical Retail OS or any third party to enforce the Agreements or any provision thereof shall not waive Pimsical Retail OS’s or the applicable third party right to do so.

17. Assignment

Pimsical Retail OS may assign the Agreements or any part of them, and we may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer and/or sub-license your rights under the Agreements to any third party.

18. Indemnification

You agree to indemnify and hold us harmless from and against all damages, losses, and expenses of any kind arising out of:

19. Contact us

If you have any questions concerning the Service or the Agreements, please contact us at [email protected].

108 Dock House, Navigation Walk, Leeds LS10 1JJ

Finners Development LTD

Thank you for reading our Terms.