Small business needs a simple way to convert cash to digital transactions. That's where we come in:
As an independent digital curation services firm, we can provide the right digital transaction services for your business.
We are currently processing with US dollar service providers only.
We regularly maintain a PCI DSS (Payment Card Industry Data Security Standards) certification. We also regularly monitor our systems for possible vulnerabilities and attacks, and regularly seek new ways and Third Party Services for further enhancing the security of our Services and protection of our Visitors' and Users' privacy.
910 S. Pearl Expressway, Ground Floor, Dallas, TX 75201
Monday - Friday: 10am - 5pm
This Flying Foxes Terms of Service (“Service Agreement”) is a legal agreement between Flying Foxes, LLC. (“Foxes”, “us”, or “we”) and the entity or person (“you”, “your”, or “user”) who have registered with the Foxes Service to receive digital curation services, and other business services that may be offered by Foxes and its affiliates (each, a “Service”). This Agreement describes the terms and conditions that apply to your use of the Services. By completing your registration for an account as provided elsewhere on a Flying Foxes website you confirm that you have read, agree with and accept the terms and conditions contained in, expressly referenced in or limited to these Terms of Service.
If you do not understand any of the terms of this Agreement, please contact us at support@flyingfoxesllc.com before using the Services.
You may not access or use any Services unless you agree to abide by all of the terms and conditions in this Agreement.
1. Foxes provides digital curation services for small businesses to facilitate digital transactions between buyers and sellers of goods and services for small businesses, specializing in converting cash to digital transactions through an online payments processor (the “ Services”). In order to execute this service, Foxes provides the credit card or other financial processing services that are required between a third-party payments processor, such as Stripe, and any small business.
2. Except as otherwise provided or limited by the terms of this Agreement, Foxes assumes all liability for the performance of financial processing services that are required between a third-party payments processor, such as Stripe, in exchange for the fee charged for each successfully executed transaction. Such liability is based on your compliance with all applicable laws, regulations agreements and covenants relating to your conduct of your business that is facilitated by the Services provided for herein and are in compliance with and/or observe your representations and warrants set forth in this agreement, and except as may otherwise arise out of any deliberate or grossly negligent act by Foxes or the financial processing service provider. Your failure in any such observation or compliance will limit or terminate our liability for Services provided hereunder.
3. Foxes is responsible for onboarding merchant customers, through its software, and assumes responsibility for facilitating the digital curation services that provides small businesses access to digital transactions.
4. You must be at least 18 years old to register as a merchant, individual or sole proprietor on the Foxes service. You may not use the Services if you are under 18 years of age.
5. Keeping your Foxes Account Current: You agree to keep the information in your Foxes account current, updating any changes affecting you, the nature of your business activities, your Representatives, beneficial owners, principals, or any other pertinent information. Foxes may suspend or Terminate your Foxes Account or Agreement if you fail to keep your information current.
6. Foxes provides the Services for the fees (“Fees”) described by your account manager and incorporated into your Service Agreement. The Fees include charges for Transactions (such as processing a payment) and for other events connected with your Foxes Account (such as handling disputed charges). We may revise the Fees at any time with at least 30 days’ advance notice before revisions become applicable to you (or a longer period of notice if this is required by applicable Law).
7. Our fees are exclusive of applicable Taxes. You have sole responsibility and liability for: (i) determining what, if any, Taxes apply to the sale of your products and services, acceptance of donations, or payments you make or receive in connection with your use of the Services; and (ii) assessing, collecting, reporting, and remitting Taxes for your business to the appropriate tax and revenue authorities.
8. General Operating Conditions of the Services
a. You represent, covenant, and warrant that you will use the Services only in compliance with Foxes standard published policies in effect from time to time including, without limitation, an AUP and all applicable laws and regulations including, without limitation, all applicable laws and regulations regarding public health and safety and consumer protection, and ownership and/or use of intellectual property owned by third parties. You will comply with all applicable laws, rules, and regulations in your use of the Service and your performance of obligations under the Terms of Service. You may not use the Services for any illegal, unauthorized or prohibited use or purpose whether such prohibited use arises in these Terms and Conditions, in any linked document hereto, or in the unique terms and conditions of any Services of which are being provided to you.
b. Foxes reserves the right at any time, and from time to time, to modify or discontinue the Services (or any part thereof) with or without notice (unless otherwise required by applicable law).
c. Foxes shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
d. Foxes is firmly committed to protecting the privacy of your personal information and the personal information of your customers. By using the Service, you acknowledge and agree that Foxes collection, usage and disclosure of this personal information is governed by our Privacy Policy.
9. Service Requirements, Limitations and Restrictions
a. Compliance with Applicable Laws: You must use the Services in a lawful manner, and must obey all laws, rules, and regulations (“Laws”) applicable to your use of the Services and to Transactions. As applicable, this may include compliance with domestic and international Laws related to the use or provision of financial services, notification and consumer protection, unfair competition, privacy, and false advertising, and any other Laws relevant to Transactions.
b. Restricted Activities: You may not use the Services to facilitate illegal Transactions or to permit others to use the Services for such purposes.
i. Foxes Operating Rights
A. We reserve the right to modify or terminate the Services for any reason, without notice at any time. Not all Services and features are available in every jurisdiction, and we are under no obligation to make any Services or features available in any jurisdiction.
B. We reserve the right to refuse service to anyone for any reason or for no reason at any time.
C. We reserve the right to provide our Services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Foxes employees and contractors may also be Foxes customers and that they may compete with you, although they may not use your Confidential Information (as defined in Section 8 hereof) in doing so.
D. You license and grant to Foxes access to and the right to download your Store transactional information from your point of sale and other data systems to collect Data measuring your Store stand-alone performance or to be used in creating Combined Data for measuring and enhancing Service performance.
ii. Foxes Intellectual Property Rights
A. Foxes owns and retains, without limitation, all right, title and interest in and to (a) the software, and all improvements, enhancements or modifications thereto, (b) any software, applications, inventions or other technology developed by Foxes or by you in connection with implementation or support of the Service and (c) all intellectual property rights related to any of the foregoing including, without limitation the trademarks and copyrighted materials listed at Foxes Intellectual Property including, without limitation, patents, trademarks and tradenames.
10. Term and Termination: This Agreement is effective upon the date you first access or use the Services and continues until terminated by you or Foxes. You may terminate this Agreement by closing your Foxes Account at any time by sending an email to support@flyingfoxesllc.com with “close my account” in the header. If you use the Services again or register for another Foxes Account, you are consenting to this Agreement. We may terminate this Agreement or close your Foxes Account at any time for any reason (including, without limitation, for any activity that may create harm or loss to the goodwill of a Payment Method) by providing you Notice. We may suspend your Foxes Account and your ability to access funds in your Foxes Account, or terminate this Agreement, if (i) we determine in our sole discretion that you are ineligible for the Services because of significant fraud or credit risk, or any other risks associated with your Foxes Account; (ii) you use the Services in a prohibited manner or otherwise do not comply with any of the provisions of this Agreement; (iii) any Law, Payment Method Provider or Payment Method Acquirer requires us to do so; or (iv) we are otherwise entitled to do so under this Agreement. A Payment Method Provider or Payment Method Acquirer may terminate your ability to accept its Payment Method, at any time and for any reason, in which case you will no longer be able to accept the Payment Method under this Agreement.
11. Representations and Warranties
By accepting the terms of this Agreement, you represent and warrant that: (a) you are eligible to register and use the Services and have the authority to execute and perform the obligations required by this Agreement; (b) any information you provide us about your business, products, or services is accurate and complete; (c) any Charges represent a Transaction for permitted products, services, or donations, and any related information accurately describes the Transaction; (d) you will fulfill all of your obligations to Customers and will resolve all Disputes with them; (e) you will comply with all Laws applicable to your business and use of the Services; (f) your employees, contractors and agents will at all times act consistently with the terms of this Agreement; (g) you will not use the Services for personal, family or household purposes, for peer-to-peer money transmission, or (except in the normal course of business) intercompany Transactions; and (h) you will not use the Services, directly or indirectly, for any fraudulent or illegal undertaking, or in any manner that interferes with the normal operation of the Services.
12. Limitation of Foxes Liability; Limitation of Foxes warranties
a. TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY AS TO THE QUALITY AND AVAILABILITY OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FOXES DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL OPERATE ERROR-FREE OR THAT THE SOFTWARE OR SERVICES ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL MALWARE. FOXES MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT MADE AVAILABLE THROUGH THE SOFTWARE OR SERVICES, OR THE SERVICES, SOFTWARE, TEXT, GRAPHICS OR LINKS.
b. TO THE FULLEST EXTENT PERMITTED BY LAW, FOXES’S AGGREGATE LIABILITY TO YOU FOR ANY BREACH OF ITS REPRESENTATIONS OR OBLIGATIONS UNDER THIS AGREEMENT SHALL NOT EXCEED AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU TO FOXES IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
c.TO THE FULLEST EXTENT PERMITTED BY LAW, NONE OF FOXES OFFICERS, DIRECTORS, EXECUTIVES OR AGENTS OR OUR SUPPLIERS OR PARTNERS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES TO YOU ARISING OUT OF OR IN CONNECTION WITH FOXES, THE SERVICES OR THESE TERMS OF SERVICE (HOWEVER ARISING, INCLUDING NEGLIGENCE) OR FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, AND LOSS OF DATA, REVENUE, USE AND ECONOMIC ADVANTAGE).
d. Foxes does not warrant performance of the Internet. The Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications, Foxes is not responsible for any delays, delivery failures, or damage, loss or injury to the Services resulting from such problems.
e. Foxes does not warrant that the results that may be obtained from the use of the Services will be accurate, or reliable or profitable
f. Foxes is not responsible for any of your tax obligations , for any liabilities which you incur related to the use of Foxes Services or for any compliance by you with any laws of or regulations of any jurisdiction regulating any aspect of the conduct of the business of your Store.
g. Foxes does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.
13. Your Indemnification of Foxes
a. You agree to indemnify and hold harmless Foxes and its officers, directors, employees, agents, parents, subsidiaries and affiliates (each, an “Indemnified Party”), from and against any losses, claims, demands, actions, costs, damages, penalties, fines and expenses, including without limitation, attorneys’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from (i) your Materials; (ii) your misuse of the Software, Services or the Foxes Service or Network; (iii) your breach of this Agreement or any representation, warranty or covenant by you in this Agreement; (iv) your violation of any applicable laws, rules or regulations through or related to the use of the Software, or the Services;(v) any dispute with respect to the operation of your Store with respect to quality, delivery, shipping, payment or other matter with regard to goods sole by you, or similar issues concerning any services to be delivered by you; or (vii) any breach by you of any intellectual property right of a third party involving Materials provided by you for use on the Service.
b. In the event of any claim, allegation, suit or proceeding alleging any matter potentially covered by the agreements in this Section, you agree to pay for the defense of the Indemnified Party, including reasonable costs and attorneys’ fees incurred by the Indemnified Party and for any damages or costs assessed against an Indemnified Party. Foxes reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Foxes in asserting any available defenses. This provision does not require you to indemnify any Indemnified Party for any unconscionable commercial practice by such party, or for such party’s gross negligence, fraud, deception, false promise, misrepresentation or concealment, suppression, or knowing omission of any material fact in connection with the Software or Services. You agree that the provisions in this section will survive any termination of your account, this Agreement, or your access to the Software and/or Services.
14. Cancellation and Termination of Accounts
a. By Store:
You may cancel your Account and terminate the Terms of Service at any time by contacting Foxes Support and then following the specific instructions indicated to you in Foxes response
b. By Foxes:
i. If you violate this Agreement, Foxes in its sole discretion may respond by suspending or terminating your Registration with or without notice based on a number of factors including, but not limited to, the egregiousness of your actions and whether a pattern of harmful behavior exists, on such timeline as Foxes determines in its sole discretion.
ii. At its sole discretion, Foxes may modify or discontinue the Software or Service, or may modify, suspend, or terminate your access to the Software or the Services, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to the Software or the Service, Foxes reserves the right to take appropriate legal action, including without limitation, pursuing civil, criminal, or injunctive redress. Even after your right to use the Software or the Services is terminated, this Agreement will remain enforceable against you. All provisions which by their nature should survive to give effect to those provisions shall survive the termination of this Agreement.
c. Effect of termination or suspension by either party hereto:
i. Upon suspension or termination Foxes will cease providing you with the Services and you will no longer be able to access your Account;
ii. Unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
iii. Any outstanding balance owed to Foxes for your use of the Services through the effective date of such termination will immediately become due and payable in full as you receive payments for good and services; and
iv. Your Store will be taken offline.
v. Your termination or suspense, no matter how occurring, will not relieve you of or release you from your obligations with respect to any pending delivery, payment, deliver, condition, or other matters which arose in the course of your business.
d. If at the date of termination of the Service, there are any outstanding Fees arising by reason of sales of good or services by you or by reason of data revenues you will receive net fees such funds as such funds are received and disbursed, and eventually a final statement via email.
e. We reserve the right to modify or terminate the Foxes Service, the Terms of Service and/or your Account for any reason, without notice at any time (unless otherwise required by applicable law). Termination of the Terms of Service shall be without prejudice to any rights or obligations which arose prior to the date of termination.
f. Without limiting any other remedies, Foxes may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance, or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the use of the Services.
15. Governing Law; Disputes; Legal Remedies
a. Governing Law. This Terms of Service Agreement is made under and shall be governed by the law of the State of Texas for agreements made and to be performed entirely within such state.
b. Jurisdiction and Venue. Subject to the provisions of paragraphs c., d., and e. below, the parties irrevocably and unconditionally submit to the exclusive jurisdiction of the Federal Courts and Texas State courts located in Dallas, Texas, with respect to any dispute or claim arising out of or in connection with the Terms of Service and the parties each agree to submit to the jurisdiction of such courts.
c. Informal Resolution. Notwithstanding any other provision of this Section 15, you and Foxes agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost and mutually beneficial outcome. You and Foxes therefore agree that, before either you or Foxes initiates a court proceeding or demands arbitration against the other as herein provided, or, in the absence of either party electing arbitration or commencing legal proceedings, we will personally meet and confer, via telephone or videoconference, in a good-faith effort to resolve informally any claim arising under or in connection with the provision of this Agreement. If you are represented by counsel, your counsel may participate in the conference, but you shall also fully participate in the conference. The party initiating the claim must give notice to the other party in writing of its, his, or her intent to initiate an informal dispute resolution conference, which shall occur within 30 days after the other party receives such notice, unless an extension is mutually agreed upon by the parties. To notify Foxes that you intend to initiate an informal dispute resolution conference, email support@FlyingFoxesllc.com, providing your name, telephone number associated with your Foxes account (if any), the email address associated with your Foxes account, and a description of your claim. In the interval between the party receiving such notice and the informal dispute resolution conference, the parties shall be free to attempt to resolve the initiating party’s claims. Engaging in an informal dispute resolution conference is a requirement that must be fulfilled before commencing litigation or arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.
d. Arbitration. The parties agree that any dispute or claim between them not resolved by informal resolution will be resolved by binding arbitration, rather than in court, except that (1) either party may assert claims in small claims court if the claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) Store or Foxes may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents) or failure of a party to meet the affirmative or negative covenants set forth in this Agreement..
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Terms of Service as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Foxes at 910 South Pearl Expressway, Dallas, Texas 75201. The arbitration will be conducted by a single arbitrator by the American Arbitration Association (AAA) under its rules, including if appropriate the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. Neither party will seek attorneys' fees and costs in arbitration unless the arbitrator determines that the claims of a party are frivolous. You may choose to have the arbitration conducted by telephone, video conference based on written submissions, or in person in Dallas, Texas or at another mutually agreed location.
In amplification of applicable AAA rules and not in limitation thereof, in any arbitration the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this arbitration agreement including, but not limited to any claim that all or any part of this arbitration agreement is void or voidable. All disputes regarding the payment of arbitrator or arbitration-organization fees including the timing of such payments and remedies for nonpayment, shall be determined exclusively by an arbitrator, and not by any court. The arbitration will decide the rights and liabilities, if any, of you and Foxes. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award, on an individual basis, monetary damages and to grant any non-monetary remedy or relief available to a party under applicable law, the arbitral forum’s rules, and this Agreement (including this arbitration agreement). The arbitrator will issue a written statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The award shall be binding only among the parties and shall have no preclusive effect in any other arbitration or other proceeding involving a different party. The arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator’s decision is final and binding on you and Foxes.
e. Waivers. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.
15. General Contract Provisions
a. Severability. Except as otherwise provided in this Agreement, if any provision of this Agreement is found to be invalid, the invalidity of such provision shall not affect the validity of
b. Electronic Communications; Notice by Electronic Communications; Supplemental Mail notice. For contractual purposes, notices provided for in this Agreement shall be in writing and shall be deemed to have given when sent by electronic Communications and with respect thereto (1) each of you and Foxes consent to receive communications from in an electronic form; and (2) each of you and Foxes agree that all terms and conditions, agreements, notices, disclosures, and other communications that either of you provides electronically satisfy any legal requirement that such communications would satisfy if they were in writing. You agree to keep your contact information, including email address, current. As a supplement to email notice only and not as a substitute therefore, either party may at its option deliver hard copies of notices and all other communication delivered by hand or overnight courier or U. S. mail addressed to the respective addresses set forth below in this Agreement, to such other address as either party may have furnished to the other in writing in accordance herewith, or in the case of the Store to the most recent address of Store set forth in the records of the Company.
c. Entire Agreement. This Agreement, including all documents linked hereto and incorporated herein by reference and made a part hereof, and all linked Agreement clauses, is the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
d. Binding Terms. All the terms and provisions of the Terms of Service shall be binding upon and inure to the benefit of the parties to the Terms of Service and to our respective officers, directors, executives, agents, partners, successors, permitted assigns and legal representatives. Foxes shall be permitted to assign these Terms of Service without notice to you or consent from you. You shall have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without Foxes prior written consent, to be given or withheld in Foxes sole discretion.
e. Severability. If any provision, or portion of the provision, in these Terms of Service is, for any reason, held to be invalid, illegal, or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms of Service, and the Terms of Service will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms of Service.
f. Amendment. Foxes may amend these Terms of Service and any linked document at any time in any manner and for any reason or for no reason by posting the relevant amended and restated Terms of Service on Foxes website, available at https://www.flyingfoxesllc.com and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to Foxes website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
g. No Third-Party Rights
Save for Foxes and its affiliates, you or anyone accessing Foxes Services pursuant to these Terms of Service, unless otherwise provided in these Terms of Service, no person or entity who is not a party to these Terms of Service shall have any right to enforce any term of these Terms of Service, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, this shall not affect the rights of any permitted assignee or transferee of these Terms.
h. No Waiver. The failure of Foxes to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service, including all terms and conditions and other documents it incorporates by reference, is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provision of the Terms of Service shall remain in full force and effect.
i. No Joint Venture or Partnership. Foxes and you are parties to this agreement as independent contractors. No joint venture, partnership, employment, or agency relationship exists between you, Foxes or any third-party provider as a result of this Agreement or use of the Software or Services.
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1. Privacy Policy.
This Privacy Policy ("Privacy Policy") describes how FlyingFoxesllc.com, together with any affiliated companies ("Foxes", "we", "our", or "us"), collect, use, and share the Personal Information (as defined in Section 2) which we have with respect to your store and any of its customers on the Foxes digital curation service for small businesses, as well as an explanation of the data rights you or such customers may have in that Personal Information. This Privacy Policy applies to all Foxes users, including unregistered visitors, registered users (the stores), (collectively, "Users", "you", or "your") and users of registered users (the “Customers”), and to all Foxes digital curation services, (collectively, the "Services"). This Privacy Policy is not intended to override the terms of any contract you have with us, nor any rights you may have under applicable data privacy laws now existing or hereafter enacted.
Prior to accessing or using our Services, please read this policy and make sure you fully understand our practices in relation to your Personal Information. If you read and fully understand this Privacy Policy, and remain opposed to our practices, you must immediately leave and discontinue all use of any of our Services. If you have any questions or concerns regarding this policy, please contact us at support@FlyingFoxesllc.com.
2 Personal Information we collect
2.1. User and Customers’ Information:
To provide you the Services, we must collect Personal Information relating to a store owner ( a “User” of the Platform) represented by an identified or identifiable natural person or users of such store who are identifiable natural persons ("Personal Information"). We collect Personal Information you provide us, from your use of the Services, and from other sources. You are responsible for collection of User of User information, as specified in Section 3.
Here are the types of Personal Information we collect about you:
a. Information you provide us. When you register for our Services, use any of our Services; and/or when you contact us directly by any communication channel, you may provide us Personal Information, such as name, email address, phone number, payment remittance information, information you include in your communications with us and with other users on our service, and Personal Information contained in scanned identification documents (such as an ID card, driver's license, passport, or official company registration documents).
b. Information we collect when you use the Services. When you visit, download, and/or use any of our Services, we may collect Personal Information, such as Visitors', Users' and Users of Users, non-identifying Personal Information regarding the visitor’s or user’s device, operating system, internet browser, screen resolution, language and keyboard settings, Internet service provider referring/exit pages, date/time stamps, etc.
c. Information we collect from other sources. We may receive Personal Information about you from third-party sources, such as security providers, fraud detection and prevention providers for example to help us screen out users associated with fraud.
2.2. Customers’ Personal Information
We may also collect Personal Information pertaining to visitors and users of our User's websites or services ("Customers"), solely for and on our Users' behalf (as further described in Section 4 below).
3. Customers' Personal Information
Foxes may collect, store and process certain Personal Information of Customers ("Customers’ Information"), solely on our Users' behalf and at their direction. For example, each of our Users is able to import their e-mail contacts of their customers from third-party services like Gmail, or otherwise collect and manage contacts at registration and via their User store. Such contacts are then stored with Foxes, on the User's behalf and for use in transactions on the service.
For such purposes, Foxes serves and shall be considered as a "Processor" and not as the "Controller" (as both such capitalized terms are defined in the European Union General Data Protection Regulation ("GDPR") of such Customers’ Information.
The Users controlling and operating such User stores shall be considered as the "Controllers" of such Users-of-Users Information, and are responsible for complying with all laws and regulations that may apply to the collection and control of such Users-of-Users Information, including all privacy and data protection laws of all relevant jurisdictions.
You are responsible for the security, integrity and authorized usage of Personal Information about Users-of-Users', and for obtaining consents, permissions and providing any required data subject rights and fair processing notices required for the collection and usage of such Personal Information.
Foxes urges that Users consult with appropriate legal counsel and publish and maintain clear and comprehensive privacy policies on their stores in accordance with any applicable laws and regulations, and that all Customers carefully read those policies and make sure that they understand and, to the extent required by applicable law, consent to them.
For more information on how Customers’ Personal Information may be handled by Foxes (which may be relevant for any specific notice you provide to and/or consent you obtain from your Users-of-Users), please see Sections 5, 12 and 13.
If you are a visitor, user or Customer of any of our Users, please read the following: Foxes has no direct relationship with Users-of-Users whose Personal Information it processes. If you are a visitor, user or customer of any of our Users, and would like to make any requests or queries regarding your Personal Information, please contact such User(s) directly. For example, if you wish to request to access, correct, amend, or delete inaccurate Personal Information processed by Foxes on behalf of its Users, please direct your query to the relevant User (who is the "Controller" of such data). If Foxes is requested by our Users to remove any Users-of-Users' Personal Information, we will respond to such requests in a timely manner upon verification and in accordance with applicable law (for example, thirty (30) days under the GDPR). Unless otherwise instructed by our User, we will retain their Users-of-Users' Personal Information for the period set forth in Section 12 below.
4. Why do We collect such Personal information
We use the Personal Information;
a. To further develop, customize, expand, and improve our Services, based on Users' common or personal preferences, experiences, and business needs;
b. To provide our Users with ongoing customer assistance and technical support;
c. To be able to contact our Users with general or personalized service-related notices and promotional messages (as further detailed in Section 8 below);
d. To help us to update, expand and analyze our records to identify potential new customers for our Users;
e. To analyze Foxes performance and activities;
f. To create aggregated statistical data and other aggregated and/or inferred information, which we or our Users and business partners may use to provide and improve our respective services;
g. To provide you with professional assistance, only upon your request;
h. To enhance our data security and fraud prevention capabilities; and
i. To comply with any applicable laws and regulations.
We use your Personal Information for the purposes set out in this Section 4 where:
a. Our use of your Personal Information is necessary to perform a contract or to take steps to enter into a contract with you (e.g. to provide you with a skilled advisor, to provide you with our customer assistance and technical support);
b. Our use of your Personal Information is necessary to comply with a relevant legal or regulatory obligation that we or you have; or
c. Our use of your Personal Information is necessary to support legitimate interests and business purposes for example to maintain and improve our Services and the effectiveness of Foxes by identifying technical issues.
5. How we share your Personal Information
We may share your Personal Information with service providers and others (or otherwise allow them access to it) in the following manners and instances:
5.1. Third Party Service Providers: Foxes has partnered with a number of selected service providers, whose services and solutions complement, facilitate, and enhance our own. These may include hosting and server co-location services, communications and content delivery networks (CDNs), data and cyber security services, billing and payment processing services, fraud detection and prevention services, web analytics, e-mail distribution and monitoring services, session recording and remote access services, performance measurement, data optimization, and our legal and financial advisors (collectively, "Third Party Service Provider(s)").
Foxes may share the following categories of Personal Information with Third Party Service Providers for a business purpose:
· identifiers, including name, alias, postal address, unique personal identifier, online identifier, internet protocol address, email address, account name, or other similar identifiers
· commercial information, for example information regarding products or services purchased, obtained, or considered
5.2. Law Enforcement, Legal Requests and Duties: Foxes may disclose or otherwise allow access to your Personal Information pursuant to a legal request, such as a subpoena, legal proceedings, search warrant or court order, or in compliance with applicable laws, if we have a good faith belief that the law requires us to do so, with or without notice to you.
5.3. Protecting Rights and Safety: Foxes may share your Personal Information if we believe in good faith that this will help protect the rights, property or personal safety of Foxes, any of our Users, any Users-of-Users, or any member of the general public, with or without notice to you.
5.4. Foxes Subsidiaries and Affiliated Companies: We may share your Personal Information internally within our family of companies, for the purposes described in this Privacy Policy in the course of facilitating and providing you (and your Users-of-Users) with our Services.
5.5. Connection With a Change in Corporate Control: In addition, should Foxes or any of its affiliates undergo any change in control, including by means of merger, acquisition or purchase of substantially all of its assets, your Personal Information may be shared with the parties involved in such event.
5.6.Third Party Licensing. Foxes shall have the exclusive rights: (i) during and after the term hereof to collect, analyze and market data and other information relating to the provision, use and performance of various aspects of the service and related systems and technologies (including, without limitation, information derived from Customer Data, Customer Client Data, Customer point of sale data, and data from Customer’s ancillary business systems (collectively the “Combined Data”); (ii) during and after the term hereof to use such Combined Data to improve and enhance the service and for other development, diagnostic and corrective purposes in connection with the service and other Company offerings of products or services; and (iii) during and after the term hereof to license Combined Data in such combinations as it deems commercially appropriate in aggregated, anonymized form to third parties for marketing purposes.
5.8. Upon Your Further Direction: Foxes may also share your Personal Information with third parties for other purposes upon your further direction or with your explicit approval.
6. Where do we store your Personal Information?
6.1. Users' and Customers' Personal Information will be stored in data centers located in the United States of America. We may use other jurisdictions as necessary for the proper delivery of our Services and/or as may be required by law from time to time.
6.2 Foxes affiliates and third party service providers that store or process your Personal Information in accordance with industry standards and regardless of any lesser legal requirements which may apply in their jurisdiction.
7. Use of cookies and other third-party technologies
We and our Third Party Service Providers may use cookies and other similar technologies ("Cookies") in order for us to provide our Service and ensure that it performs properly, to analyze our performance and marketing activities, and to personalize your experience.
Please note that we do not change our practices in response to a "Do Not Track" signal in the HTTP header from a browser or mobile application, however, most browsers allow you to control cookies, including whether or not to accept them and how to remove them. You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser.
8. Communications from Foxes
We may use your Personal Information to send you promotional content and messages by e-mail, text messages, notifications within our service, marketing calls and similar forms of communication from Foxes or our users or the Network partners through such means.
If you do not wish to receive such promotional messages or calls, you may notify Foxes at any time or follow the "unsubscribe" or STOP instructions contained in the promotional communications you receive.
8.1. Service and Billing Messages
Foxes may also contact you with important information regarding our Services, or your use thereof. For example, we may send you a notice (through any of the means available to us) if a certain Service is temporarily suspended for maintenance; reply to your support ticket or e-mail; send you reminders or warnings regarding upcoming or late payments for your current or upcoming subscriptions; forward abuse complaints regarding your User Website; or notify you of material changes in our Services.
It is important that you are always able to receive such messages. For this reason, you are not be able to opt-out of receiving such Service and Billing Messages unless you are no longer a Foxes User (which can be done by deactivating your account).
9. Your rights in relation to your Personal Information
Foxes agrees that it is imperative that you have control over your Personal Information. Pursuant to privacy regulations worldwide, Foxes is taking steps to enable you to request access to, receive a copy of, update, amend, delete, or limit the use of your Personal Information.
Before fulfilling your request, we may ask you for additional information in order to confirm your identity and for security purposes. We reserve the right to charge a fee where permitted by law (e.g. if your request is unfounded or excessive).
You have the right to file a complaint with your local supervisory authority for data protection (but we still recommend that you contact us first).
If you are a Foxes User, and you wish to receive a copy, access and/or request us to make corrections to the Personal Information that you have stored with us (either yours or your Users-of-Users'), or wish to request a list of what Personal Information (if any) pertaining to you we disclosed to third parties for direct marketing purposes, please send a request to support@flyingfoxesllc.com. We will make reasonable efforts to honor your request promptly (unless we require further information from you in order to fulfil your request), subject to legal and other permissible considerations.
Please note that permanently deleting your Foxes account erases all of your Personal Information from Foxes databases. After completing this process, you can no longer use any of your Foxes Services, your account and all its data will be removed permanently, and Foxes will not be able to restore your account or retrieve your data in the future. If you contact our support channels in the future, the system will not recognize your account and support agents will not be able to locate the
10. Additional Information for California residents
If you are a California resident using the Services, the California Consumer Privacy Act ("CCPA") may provide you the right to request access to and deletion of your Personal Information.
In order to exercise the right to request access to and deletion of your Personal Information, please see the information on the section 9, above. We do not discriminate based on the exercise of any privacy rights that you might have under this Section.
As informed in section 6 above, Foxes may collect, store and process certain Personal Information of Users-of-Users, solely on our Users' behalf and at their direction. For such purposes, Foxes serves and shall be considered as a "Service Provider" and not as the "Business" (as both such capitalized terms are defined in the CCPA. Foxes does not and will not sell your customers' Personal Information.
Users of the Services who are California residents and under 18 years of age may request and obtain removal of content they posted by emailing us at support@FlyingFoxesllc.com. All requests must be labeled "California Removal Request" on the email subject line. All requests must provide a description of the content you want removed and information reasonably sufficient to permit us to locate that content. We do not accept California Removal Requests via postal mail, telephone, or facsimile. We are not responsible for notices that are not labeled or sent properly, and we may not be able to respond if you do not provide adequate information. Please note that your request does not ensure complete or comprehensive removal of the material. For example, materials that you have posted may be republished or reposted by another user or third party.
11. Questions and Complaints
If you have any questions or concerns about our collection, use or disclosure of Personal Information, or if you believe that we have not complied with this Privacy Policy or applicable data protection laws, please contact us - our details are set out at the end of this Privacy Policy.
Our Data Protection Office will investigate the complaint and determine whether a breach has occurred and what action, if any, to take. We take every privacy complaint seriously and will make all reasonable efforts to resolve your complaint promptly and in accordance with applicable law.
You can file a complaint with your local supervisory authority for data protection at any time, however we recommend that you contact us first so we can try to resolve it.
12. Data Retention
Foxes may retain your Personal Information ( as well as your Customers Personal Information) for as long as your User Account is active, as indicated in this Privacy Policy, or as otherwise needed to provide you with our Services.
We may continue to retain your Personal Information after you deactivate your User Account and/or cease to use any particular Services, as reasonably necessary to comply with our legal obligations, to resolve disputes regarding our Users or their Users-of-Users, prevent fraud and abuse, enforce our agreements, generate statistical or customer date used to operate Foxes and/or protect our legitimate interests.
We maintain a data retention policy which we apply to Personal Information in our care.
13. Security
Foxes has implemented security measures designed to protect the Personal Information you share with us, including physical, electronic and procedural measures. Among other things, we offer HTTPS secure access to most areas on our Services; the transmission of sensitive payment information (such as a credit card number) through our designated purchase forms is protected by an industry standard SSLJTLS encrypted connection; and we regularly maintain a PCI DSS (Payment Card Industry Data Security Standards) certification. We also regularly monitor our systems for possible vulnerabilities and attacks, and regularly seek new ways and Third Party Services for further enhancing the security of our Services and protection of our Visitors' and Users' privacy.
Regardless of the measures and efforts taken by Foxes, we cannot and do not guarantee the absolute protection and security of your Personal Information, your Users-of-Users' Personal Information or any other information you upload, publish or otherwise share with Foxes or anyone else. We encourage you to set strong passwords for your User Account and User Website, and avoid providing us or anyone with any sensitive Personal Information of which you believe its disclosure could cause you substantial or irreparable harm.
Furthermore, because certain areas on our Services are less secure than others (for example, if you set your Support forum ticket to be "Public" instead of "Private", or if you browse to a non-SSL page), and since e-mail and instant messaging are not recognized as secure forms of communications, we request and encourage you not to share any Personal Information on any of these areas or via any of these methods.
If you have any questions regarding the security of our Services, you are welcome to contact us at support@FlyingFoxesllc.com.
14. Third-Party Websites
Our Services may contain links to other websites or services. We are not responsible for such websites' or services' privacy practices. We encourage you to be aware when you leave our Services and to read the privacy statements of each and every website and service you visit before providing your Personal Information. This Privacy Policy does not apply to such linked third party websites and services.
15. Updates and interpretation
We may update this Privacy Policy as required by applicable law, and to reflect changes to our Personal Information collection, usage and storage practices. If we make any changes that we deem as "material" (in our sole good faith discretion), we will notify you (using one of the notification sent and/or take any other measures. We encourage you to periodically review this page for the latest Information on our privacy practices. Unless stated otherwise, our most current Privacy Policy applies to all information that we have about you and your Users-of-Users, with respect to and Foxes Website, App, Mobile App other potential Service.
Any heading, caption or section title contained herein, and any explanation or summary under the right column, is provided only for convenience, and in no way defines or explains any section or provision hereof, or legally binds any of us in any way.
This Privacy Policy was written in English, and may be translated into other languages for your convenience. You may access and view other language versions by changing your Foxes Website language settings. If a translated (non-English) version of this Privacy Policy conflicts in any way with its English version, the provisions of the English version shall prevail.
16. Contacting us
If you have any questions about this Privacy Policy or wish to exercise any of your rights as described in Sections 9 or 10 please refer to those sections or contact the Data Protection Office at support@FlyingFoxesllc.com We will attempt to resolve any complaints regarding the use of your Personal Information in accordance with this Privacy Policy.
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