Privacy Notice for Square Sellers and Website Visitors

DATED 2022-04-01 · VERSION 20220902_rev01 · COMPARED WITH 20220501_rev01 · ARCHIVE SNAPSHOT

Full text changes — 20220501_rev01 to 20220902_rev01

COLOUR MARKS THE SEVERITY OF A FLAGGED CLAUSE · + AND − MARK ADDED AND REMOVED

 We collect information about you in three ways: (i) when you provide it to us directly; (ii) when we gather information while you are using the Services; and (iii) when we collect information from other sources. We explain below what types of data are involved in each case, how and why we process (use) it and the lawful basis that applies to our use of the relevant information.
 ##### Information You Provide ("Square Account Data")
 Below is a description of the types of information that we may receive directly from you which we refer to as "**Square Account Data**":
+| Types of Information
+("Square Account Data") | Examples |
+| **Types of Information
+("Square Account Data")** | **Examples** |
 | --- | --- |
 | Financial Information | Bank account information and payment card numbers |
 | Tax Information | Withholding allowances and tax filing status |
 | Identity Information | Name, email address, postal address, signature, and phone number;
 Passport number, driver's license number, Social Security number, Taxpayer Identification number, or other government-issued identification number |
 | Any other data you give us | Information that you voluntarily provide to us, including your survey responses; participation in contests, promotions, or other prospective seller marketing forms or devices; suggestions for improvements; referrals; or any other actions you perform on the Services. |
 Here is an explanation of what we do with the Square Account Data described above, i.e. how we use it and for what purposes, along with an explanation of the lawful basis that supports this use.
+| How we use Square Account Data | Why we process Square Account Data | Legal Justification |
+| **How we use Square Account Data** | **Why we process Square Account Data** | **Legal Justification** |
 | --- | --- | --- |
 | When you make a request to receive information about Square or our products we collect Identity Information that you provide to us. | To respond to your request, including determining whether the Services are available in your country. | Pre-contract performance |
 | We use your Identification Information and your Financial Information to go through our identity or account verification process and to enable you to authenticate into your account once it is created.
 We share your Identification Information with identity verification vendors to verify information that we collect. Our vendors cross-check the identity and financial data you give us. Your information is also screened against relevant sanctions watchlists.
  | To determine whether the Services are available in your country and to create your account with us and to meet our AML, "know your customer", background checking (see further below) and other compliance requirements. | Legal obligation. For example, "Know your Customer" and AML compliance requirements are governed by, among other laws, the Bank Secrecy Act (1970) (USA), the USA Patriot Act (2001) (USA), EU Directive 2015/849 (AMLD IV) on anti-money laundering and terrorist financing, EU Directive 2018/843 (AMLD V) on anti-money laundering and terrorist financing and EU Member State implementing legislation such as the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (as amended) (Ireland). |
+| We use your Identification Information to deliver the information and support you request, including to deliver technical notices, security alerts, and support and administrative messages to you. We also use it to resolve disputes, collect payments or fees, and provide assistance for problems with our Services or your Square account. | To communicate with you to fulfill our obligations under the \[Terms of Service\](https://squareup.com/gb/en/legal/general/ua). | Contractual performance |
+| We use your Identification Information to deliver the information and support you request, including to deliver technical notices, security alerts, and support and administrative messages to you. We also use it to resolve disputes, collect payments or fees, and provide assistance for problems with our Services or your Square account. | To communicate with you to fulfill our obligations under the [Terms of Service](https://squareup.com/us/en/legal/general/ua). | Contractual performance |
 | When you apply or sign up for a Square account or other Services, we collect all of the Square Account Data necessary to create your account and enable you to start fulfilling transactions. | To create and support your account with us, including displaying your transaction history including monthly account statements. | Contractual performance |
 | We use your Identification Information to send you surveys and get your feedback about our Services. | To understand if the Services are helpful to you and to evaluate the effectiveness of any updates we provide. | Legitimate interest |
 | We use your Identification Information to promote our products and Services to you. | To promote our products and services. | Legitimate interest or consent (where legally required for direct marketing contact). |
 | When you provide feedback to us or answer our surveys. | To improve our services and to develop new products and services. | Legitimate interest |
 | We use your Identification Information to personalise your use of our Services, for example, when you sign up for a Square account, we can associate certain information with your new account, such as information about other Square accounts you have had or currently have, and prior transactions you have made using our Services. | To improve your customer experience. | Legitimate interest and/or contractual performance. |
 ##### Information We Collect From Your Use of the Services
 We also get data from the devices you use when you interact with our systems, like your location or information about the device you're using. We refer to this as Usage Data.
+| Types of Informaton
+("Usage Data") | Examples |
+| **Types of Informaton
+("Usage Data")** | **Examples** |
 | --- | --- |
 | Commercial Information |
 - Information about the products and services you sell e.g., inventory, pricing and other data.
 - Information about your payment transactions e.g., when and where the transactions occur, a description of the transactions, the payment or transfer amounts, billing and shipping information, and payment methods used to complete the transactions.
+ |
 - These may reflect your preferences, characteristics, and behavior. For example, if you use a product or service after receiving a marketing communication about it.
+ |
 We need this Usage Data to do things like provide services to you that you have requested, fulfill our legal obligations (such as checking if payments are being made or received by you and that they are legally compliant), and help protect your account from hackers and prevent fraud. We also need this Usage Data to make our products and services better for you and others, for example, if more transactions are occurring on a specific hardware device we will build out more product and service availability on that device.
+| How we use Usage Data | Why we process Usage Data | Legal Justification |
+| **How we use Usage Data** | **Why we process Usage Data** | **Legal Justification** |
 | --- | --- | --- |
 | We collect your Commercial Information from the devices you use when you interact with our systems and from the information that is associated with the transaction as captured on our databases. | This enables us to provide services to you that you have requested including inventory, eCommerce and payments processing.
 This also enables us to protect the integrity of our Services and systems, and your, our, our customers', or your customers' rights or property.
 This also enables us to do internal research, measure, track, and analyze trends and usage.
  | Contract performance
 Legitimate Interests
 Legal obligation (fraud or incident reporting)
 Legitimate interest (protect your account)
+ |
 | We collect your Internet or other electronic network activity information while you are using the Services using our website, web apps, and hardware and we combine this with your Profile Information. | This enables us to provide Services to you in compliance with regulatory obligations.
+This enables us to provide Services to identify any unusual activity on your account so as to detect and prevent fraud, and to debug and fix errors that impair how our Services function. | Legal obligation (fraud or incident reporting)
+This enables us to provide Services to identify any unusual activity on your account so as to detect and prevent fraud, and to debug and fix errors that impair how our Services function.
+ | Legal obligation (fraud or incident reporting)
 Contract performance
 Legitimate interest
+ |
 | We store your Professional or employment-related information in our databases. | This enables us to deliver aspects of the Services (e.g., Team Management, Crew App and Payroll) that require this level of information to function. | Contract performance |
 | We generate your Profile Information using our databases. We use your Profile Information to verify your identity, and to enhance our Services. | This enables us to engage in profiling and automated processing to verify your identity both directly and through the use of third party identification verification services (so we can confirm you appear to be who you say you are), improve our products and Services and develop new products and Services. | Our legitimate interests in verifying your identity and reducing the risk of fraud, as well as, where permissible, offering new and improved services to our customers that are likely to be relevant to their business in light of their Seller activity and the systems and processes they use. |
 | We use your Geolocation data to determine whether we can provide you with Services and to customise our Services to your location. | This enables us to determine whether we can provide Services to you, and in what language, enables us to comply with applicable payment processor requirements, and other regulatory requirements, and also to combat fraud. | Contract performance (for Services in territories where we are authorised to conduct our business)
+Legal obligation (to comply with territorial restrictions) |
+Legal obligation (to comply with territorial restrictions)
+ |
 ##### Information We Collect from Other Sources
 We also need to check that you are eligible for the services you want to use, are using our services legally, and to protect your data and our services from potential fraudulent activity which may put you and your money at risk. To do this, we may collect data about you from companies that help us verify your identity, do a credit check, prevent fraud or assess risk.
+| Types of Information
+("External Data)" | Examples |
+| **Types of Information
+("External Data)"** | **Examples** |
 | --- | --- |
 | Background Check Information |
 - Credit report information.
 - Identity verification information.
 - Information about any person or corporation with whom you have had, currently have, or may have a financial relationship.
 | Credit, Compliance and Fraud Information |
 - Account or credit-related information with any credit reporting agency or credit bureau, where lawful, and any person or corporation with whom you have had, currently have, or may have a financial relationship, including without limitation past, present, and future places of employment, financial institutions, and personal reporting agencies.
+ |
+| How we use External Data | Why we process External Data | Legal Justification |
+| **How we use External Data** | **Why we process External Data** | **Legal Justification** |
 | --- | --- | --- |
 | We collect Background Check Information about you from background check vendors and we process this information using our anti-fraud and risk management systems. | This helps us verify your identity, do a credit check, prevent fraud and assess risk. | Legal obligation Legitimate interest |
 | We receive and exchange Credit, Compliance and Fraud Information using our credit management systems and processes. | As required under applicable laws, as part of any credit investigation, credit eligibility, identity or account verification process, fraud or risk detection process, or collection procedure. | Legal obligation Legitimate interest |
 ## INFORMATION WE COLLECT ABOUT YOUR CUSTOMERS
 We also obtain information about your customers on your behalf as your service provider when they transact with you or otherwise when you request that we do so. We call this information Your Customers' Data. We collect Your Customers' Data when they interact with you through your use of Square's products, for instance when they make a payment at your establishment, or schedule an appointment, or receive an invoice from you. The particular Customer Data we collect will vary depending on your location, which products and services you use and how you use them. Your Customers' Data may include:
+| Types of Information
+("Your Customers' Data") | Examples |
+| **Types of Information
+("Your Customers' Data")** | **Examples** |
 | --- | --- |
 | Customer Device Information |
 - Information about your customer's device, including hardware model, operating system and version, device name, unique device identifier, mobile network information, and information about the device's interaction with our Services.
+ |
 | Customer Financial Information |
 It is your responsibility to obtain any necessary permission for us to use Your Customers' Data in the manner envisaged in this Privacy Notice so that we can provide you with the Services requested by you.
 ## WHEN AND WITH WHOM WE SHARE YOUR INFORMATION
 We may share the personal information described in the ["Information We Collect About You"](https://squareup.com/us/en/legal/general/privacy) section with the following categories of service providers and third parties:
+| Category of service providers (third parties & affiliates) with whom we share your personal information in order for you to receive the Services | Description of the services in question |
+| **Category of service providers (third parties & affiliates) with whom we share your personal information in order for you to receive the Services** | **Description of the services in question** |
 | --- | --- |
 | Service support partners | We work with the following types of third party service providers who help us provide, maintain and improve the Services:
 - Technology providers or potential partners to store information, provide software, or programs to help us provide the Services;
 - Marketing or event providers that help us run our advertising campaigns, contests, special offers, or other events or activities;
 - Identity verification providers to help us with fraud prevention and to assist us in meeting our AML, "know your customer", background checking and other compliance requirements;
 - Fee collection service providers to help us enforce our legal rights;
 - Financial partners, like financial institutions, payment networks, payment card associations, and credit bureaus that help us provide the Services.
+ |
+| Third Party Analytics Services | We use third-party analytics service providers to help us with our online services, such as Google Analytics, Facebook, BugSnag and Crashlytics. The analytics providers that administer these services use technologies such as cookies, web beacons, and web server logs to help us analyze how you use our online services. We may disclose your \[site-use information\](https://squareup.com/us/en/legal/general/privacy) (including IP address) to these analytics providers, and other service providers who use the information to help us figure out how you and others use our online services.
+| Third Party Analytics Services | We use third-party analytics service providers to help us with our online services, such as Google Analytics, Facebook, BugSnag and Crashlytics. The analytics providers that administer these services use technologies such as cookies, web beacons, and web server logs to help us analyze how you use our online services. We may disclose your site-use information (including IP address) to these analytics providers, and other service providers who use the information to help us figure out how you and others use our online services.
 - To learn more about Google Analytics and how to opt out, please visit https://marketingplatform.google.com/about/ or https://support.google.com/analytics/answer/181881?hl=e
 - To learn more about how Facebook uses your data please visit https://www.facebook.com/help/325807937506242/ or log on to your Facebook account and access your settings. To understand more about Facebook advertising please see here https://www.facebook.com/about/ads.
 - To learn more about BugSnag, please visit https://docs.bugsnag.com/legal/privacy-policy/.
 - To learn more about Crashlytics, please visit https://fabric.io/terms.
 Certain web browsers allow you to instruct your browser to respond to Do Not Track ("DNT") signals to website you visit, informing those sites that you do not want your online activities to be tracked. At this time, our websites are not designed to respond to DNT signals or similar mechanisms from browsers.
+ |
 | Partners | We may share minimal personal information (such as your business name) with potential partners who may be able to provide a complementary or related service for your business. |
 | Our Affiliates and Group Companies | With other business units (Cash App, Afterpay/Clearpay, and TIDAL) and between wholly-owned subsidiaries of Block, Inc. For example, we may share your information internally to understand how you engage with our company products to help make our Services better for you and for everyone, and to help us build Services tailored to your preferences. We will provide you with notice of the proposed sharing at the time so that you can make an informed decision. |
+| Other third parties who will receive your personal information | Why we share data with these parties |
+| **Other third parties who will receive your personal information** | **Why we share data with these parties** |
 | --- | --- |
 | Other users of our Services with whom you interact through your own use of our Services. | To enable you to make or accept a payment, appointment, or money transfer using our Services. |
 | Law enforcement agencies | If we believe that disclosure is reasonably necessary (i) to comply with any applicable law, regulation, legal process or governmental request (e.g., from creditors, tax authorities, law enforcement agencies, in response to a garnishment, levy, or lien notice, etc.); (ii) to establish, exercise or defend our legal rights; (iii) to enforce or comply with our \[General Terms\](https://squareup.com/us/en/legal/general/ua) or other applicable agreements or policies; (iv) to protect our or our customers' rights or property, or the security or integrity of our Services; (v) for an investigation of suspected or actual illegal activity; or (vi) to protect us, users of our Services or the public from harm, fraud, or potentially prohibited or illegal activities. |
 | To a subsequent owner, co-owner, or operator of one or more of the Services | To enable them to continue to run the Services after the change of owner or operator. |
 | If we do or try to do a corporate merger, consolidation, or restructuring (including during due diligence and negotiation of these); the sale of substantially all of our stock and/or assets; the financing, acquisition, divestiture, or dissolution of all or a portion of our business; or other corporate change. | To enable the completion of the relevant merger, restructuring, financing, acquisition, divestiture, dissolution or other corporate change. |
 | Our Affiliates and Group Companies | See below. |
 Even though you use our services while acting as an employee, owner, director, officer, or contractor of a company, partnership, sole proprietor of a business, nonprofit, or government agency, if you live in California, California law gives you the right to ask if we disclose your personal information to third parties for their direct marketing purposes (we do not disclose your personal information for others' direct marketing purposes). It also gives you the right to ask if we sell your personal information to third parties (we do not sell your personal information and have not done so in the past), and if we did (which we don't), you'd have the right to opt out of such sales.
 #### What You Need to Know About the California Consumer Privacy Act and Interest-Based Advertising
 As described in our [privacy notice](https://squareup.com/us/en/legal/general/privacy), Square and third parties that provide advertising or other functionality on our behalf, may use cookies, pixel tags, and other technology to help us advertise our products and services to you as informed by your interests. This approach is called interest-based advertising, which means we tailor our ads to you based on information that gives us a sense of what interests you, such as information collected from your activity on the web, including but not limited to, browsing or purchasing products on or through our websites or on third party websites, your activity on mobile sites and applications, or your responses to our marketing emails.
+Square does not sell your data, has not in the past, and is committed not to do so in the future. While the California Consumer Privacy Act (CCPA) lacks clear guidance whether this type of interest-based advertising would be considered a "sale" of personal information under that law, we do not believe this information constitutes a "sale" under CCPA.
+Square does not sell your data, has not in the past, and is committed not to do so in the future. While we do not believe Square's interest-based advertising activities constitute a "sale" under CCPA, we provide you with ways for you to control the cookies, and similar technologies, and internet-based information you may share with us.
+However, we also want to provide you with ways for you to control the cookies and internet-based information you may share with us. You can always restrict the placement of cookies on your computer or remove them from your browser by going to your browser settings. More information on how to manage these settings on common browsers and devices are below.
+You may opt out of cookies, other than those that are necessary to provide you with our Services. You may visit Square's Cookie Preferences Center to manage your cookie preferences at any time.
+You can always restrict the placement of cookies on your computer or remove them from your browser by going to your browser settings. More information on how to manage these settings on common browsers and devices are below.
 - Manage cookie settings in [Chrome](https://support.google.com/chrome/answer/95647) and [Chrome Android](https://support.google.com/chrome/answer/95647) and [Chrome iOS](https://support.google.com/chrome/answer/95647)
 - Manage cookie settings in [Firefox](https://support.mozilla.org/en-US/kb/enhanced-tracking-protection-firefox-desktop)
 - Manage cookie settings in [Internet Explorer](https://support.microsoft.com/en-us/windows/delete-and-manage-cookies-168dab11-0753-043d-7c16-ede5947fc64d)
 - Manage cookie settings in [Microsoft Edge](https://support.microsoft.com/en-us/windows/delete-and-manage-cookies-168dab11-0753-0)
 - Manage cookie settings in [Safari](https://support.apple.com/en-gb/guide/safari/sfri11471/mac) and [Safari iOS](https://support.apple.com/en-gb/HT201265)