Privacy Policy

WELCOME

At Paloma Works PBC (“Paloma®,” “we,” “us” or “our”), your privacy is incredibly important to us, and we are committed to protecting it through our compliance with the practices described in this privacy policy.

Our Privacy Policy (“Policy”) sets out how Paloma® collects, uses, stores, transfers and protects your Personal Data that we may collect from you, or that you may provide, when you visit our website (https://www.getpaloma.com/), use our mobile applications, or otherwise engage us through sales, marketing, communications or forms that link or refer to this Policy (our “Services”). This Policy applies to Personal Data collected through our Services, regardless of the country where you are located.

Our Services may include links to third-party websites, plug-ins, services, social networks, or applications. Clicking on those links or enabling those connections may allow the third party to collect or share data about you. We do not control these third-party websites, and we encourage you to read the privacy notice of every website you visit.

It is important to us that you understand what your rights are and how to control your privacy, including your rights to object to certain usages of your Personal Data by us. We have therefore provided simple explanations and have presented our policy in a layered format so you can click through to the specific areas set out below.

Please read this Policy carefully to understand our policies and practices for processing and storing your Personal Data and contact us if you have any questions or concerns. By engaging with our Services, you accept and consent to the practices described in this Policy. This Policy may change from time to time (see Changes to our Privacy Policy.). Historic versions can be obtained by contacting us. Your continued engagement with our Services after any such revisions indicates that you accept and consent to them, so please check the Policy periodically for updates.

TABLE OF CONTENTS

1. IMPORTANT INFORMATION AND WHO WE ARE
2. WHAT TYPES OF PERSONAL DATA DO WE COLLECT ABOUT YOU?
3. HOW IS YOUR PERSONAL DATA COLLECTED?
4. HOW DO WE USE YOUR PERSONAL DATA AND UNDER WHAT LEGAL BASIS?
5. DISCLOSURES OF YOUR PERSONAL DATA.
6. INTERNATIONAL TRANSFERS
7. CHILDREN’S ONLINE PRIVACY
8. DATA SECURITY
9. HOW LONG WILL YOU RETAIN MY PERSONAL DATA?
10. YOUR LEGAL RIGHTS
11. CONTACT INFORMATION
12. COMPLAINTS
13. CHANGES TO OUR PRIVACY POLICY
14. YOUR DUTY TO INFORM US OF CHANGES
15. THIRD-PARTY LINKS

1. IMPORTANT INFORMATION AND WHO WE ARE

Who do we collect Personal Data from?

To improve your eCommerce experience with our Services, we collect and use information about you, our users. Depending on context, “you” might be a Business User, End Customer, Prospective Customer, or Visitor:

• Business User. Paloma® provides Services to entities and individuals (“Seller” or “Business User”) who directly and indirectly provide us with “End Customer” Personal Data in connection with those Business Users’ own business and activities.
• End Customer. When you do business with, or otherwise engage in a transaction with a Business User as their customer or client, such as buying a product from a Business User who is using Paloma® to manage the eCommerce transaction, but are not directly transacting with Paloma®, we refer to you as an “End Customer.”
• Prospective Customer. When you communicate with a Business User through a direct message service that is connected to the Paloma® services, we refer to you as a “Prospective Customer.”
• Visitor. When you interact with Paloma® by visiting our website without being logged into a Paloma® account, or when your interaction with Paloma® does not involve you being a Business User or End Customer, you are considered a “Visitor.” For example, you are a Visitor when you send a message to Paloma® asking for more information about our Services.

Questions or Concerns?

If you have any questions about this Policy, including any requests to exercise Your Legal Rights, please contact us using the information set out in our Contact Details.

2. WHAT TYPES OF PERSONAL DATA DO WE COLLECT ABOUT YOU?

The information we collect and process about you depends on how you use our Services—as a Business User, End Customer, Prospective Customer, or Visitor.

We may collect, use, store and transfer different kinds of Personal Data about you which we have grouped together as follows:

• Identity Data includes first name, last name, username, social media handle (such as “@instagramhandle” on Instagram) or similar identifier.
• Contact Data includes billing address, delivery address, email address and telephone number(s) of our Business Users and End Customers.
• Transaction Data includes information about payments between us and Business Users and between Business Users and End Customers, including details of products and services End Customers may have purchased from Business Users or Business Users may have purchased from us.
• Technical Data includes internet protocol (IP) address, login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, device ID and other technology on the devices you use to access our Services. .
• Business User Profile Data associated with our Business Users, including your username and password, social media handle, sales or orders fulfilled by you, your interests, preferences, feedback and survey responses.
• End Customer Profile Data associated with our End Customers, including social media handle, messages between Business Users and End Customers, including between End Customers and Business Users that have not yet had a transaction with the End Customer.
• Prospective Customer Profile Data associated with our Prospective Customers, including social media handle, messages sent to Business Users by Prospective Customers.
• Usage Data includes information about how you interact with and use our website, products and services.
• Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

What other information do you collect?

We also collect, use and share aggregated data such as statistical or demographic data which is not Personal Data as it does not directly (or indirectly) reveal your identity. For example, we may aggregate individuals’ Usage Data to calculate the percentage of users accessing a specific website feature in order to analyse general trends in how users are interacting with our website or Services to help improve the website and our service offering.

Do we control or process any sensitive personal information?

We do not control or process any sensitive personal information, such as Financial Data (including bank account and payment card details). Paloma® contracts with third-party payment services providers, such as Stripe, and does not receive, process, store, or otherwise collect any Financial Data. To the extent any of your Financial Data is stored with any third-party payment services provider, the collection and use of your information will be subject to such third-party’s Privacy Policy and Terms of Use.

3. HOW IS YOUR PERSONAL DATA COLLECTED?

We use different methods to collect data from and about you including through:

• Your interactions with us. You may give us your Personal Data by filling in online forms or by corresponding with us by post, phone, text, email, direct messages through third-party platforms (such as Instagram or Facebook) or other electronic messages between you and our Services. This includes Personal Data you provide when you:
• Sign Up for or otherwise create an account on our website;
• subscribe to our Services or publications;
• request marketing be sent to you;
• message or comment as a Prospective Customer on a Business User’s social media page;
• complete a purchase as an End Customer with a Business User; or
• give us feedback or contact us by email or otherwise.
• Cookies and Automated technologies or interactions. As you interact with our website, mobile or desktop applications, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this Personal Data by using cookies, pixels, web beacons, and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our Cookie Policy for further details.
• Third parties or publicly available sources. We will receive Personal Data about you from various third parties as set out below:
• Technical Data is collected from the following parties from analytics providers such as Google Analytics, HubSpot, Meta.
• Technical Data when you interact with our advertising and applications on third-party websites and services, if those application or advertising include links to this policy.
• Contact and Transaction Data that are collected from providers of technical, payment and delivery services, such as Stripe based outside the UK. Please note that we neither collect nor receive sensitive data, such as Financial Data, that you may be required to provide these third parties for technical, payment and delivery services.

4. HOW DO WE USE YOUR PERSONAL DATA AND UNDER WHAT LEGAL BASIS?

To Provide the Services

We use the data that we collect to provide you with the Services; to facilitate transactions between End Customers and Business Users; to fulfill orders between End Customers and Business Users; to conduct market analysis; to provide recommendations to Business Users, End Customers, and Prospective Customers; and to improve the Services. We may, in some circumstances, use third-party services providers to assist us with the above purposes and provide your Personal Data to such third-parties, but we do not sell or otherwise provide your Personal Data to any third-party for any other purpose.

Direct Marketing

Depending on how you use and interact with our Services, you may or may not receive direct marketing communications from us. If we send you direct marketing communications, then we may also analyze your Identity, Contact, Technical, Usage and Profile Data to form a view as to which products, services and offers may be of interest to you so that we can then send you relevant marketing communications.

• Business Users. During the registration process as a Business User on our website when your Personal Data is collected, you will be asked to indicate your preferences for receiving direct marketing communications from Paloma® via email or SMS. Submitting your phone number is not required to create an account with us. By providing us your phone number, you will receive SMS marketing communications from us.
• Visitors. If you have requested to receive direct marketing communications, then you will receive direct marketing communications from Paloma® via email until you opt out of receiving the marketing messages.
  
  You can ask us to stop sending you marketing communications at any time by following the opt-out links within any marketing communication sent to you or by contacting us through the CONTACT INFORMATION provided below.
  
  If you opt out of receiving marketing communications, you will still receive service-related communications that are essential for administrative or customer-service purposes, such as account statuses, services notices, order confirmations related to transactions between Business Users and End Customers, subscriptions reminders and billing, and updates to our Terms and Conditions, and checking that your contact details are correct.

Legal Basis in the EEA and UK

If you are a person located in the European Union Economic Area (the “EEA”) or the United Kingdom (the “UK”) our legal basis for collecting and using the personal data described above will depend on the purpose of processing and personal data concerned:

• Performance of a contract with you: In order to provide the services under our contracts or agreements with Business Users and End Customers, we must collect certain Personal Data to complete transactions, monitor Prospective Customer requests, and fulfill End Customer orders, among other required tasks.
• Legitimate interests: We may use your Personal Data where it is necessary to conduct our business and pursue our legitimate interests, for example to prevent fraud and enable us to give you the best and most secure customer experience. We make sure we consider and balance any potential impact on you and your rights (both positive and negative) before we process any users’ Personal Data for our legitimate interests. We do not use your Personal Data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).
• Legal obligation. We may use your Personal Data where it is necessary for compliance with a legal obligation that we are subject to. We will identify the relevant legal obligation to you when we rely on this legal basis.
• Consent. We rely on consent only where we have obtained your active agreement to use your Personal Data for a specified purpose, for example if you subscribe to an email newsletter, or if agree that we may share your name, social media handle, photographs, reviews or comments in support of internal or external marketing or promotions.

Purposes for which we will use your Personal Data

We have set out below, in a table format, a description of all the ways we plan to use the various categories of our users’ (Business Users, End Customers, Prospective Users, and/or Visitors) Personal Data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Purpose / Use	Type of Data	Legal Basis
To facilitate online eCommerce transactions and related communications between Business Users, End Customers, and Prospective Customers	(a) Identity Data (b) Contact Data (c) Transaction Data (d) Technical Data (e) Business User Profile Data (f) End Customer Profile Data (g) Prospective Customer Profile Data	(a) Performance of a contract with you to provide the Services (b) Necessary for our legitimate interests (to provide the Services including to facilitate eCommerce transactions)
To process and deliver orders or subscriptions from Business Users to our service, including: (a) Manage payments, fees and charges (b) Collect and recover money owed to us	(a) Identity Data (b) Contact Data (c) Transaction Data (d) Marketing and Communications Data	(a) Performance of a contract with you by collecting payment for the Services (b) Necessary for our legitimate interests (to recover debts due to us)
To manage our relationship with our users, which will include: (a) Notifying you about changes to our terms of service or privacy policy (b) Dealing with your requests, complaints and queries	(a) Identity Data (b) Contact Data (c) Business User Profile Data (d) End Customer Profile Data (e) Prospective Customer Profile Data (f) Usage Data (g) Marketing and Communications Data	(a) Performance of a contract with you (b) Necessary to comply with a legal obligation (c) Necessary for our legitimate interests (to keep our records updated and manage our relationship with you)
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data).	(a) Identity Data (b) Contact Data (c) Technical Data (d) Usage Data	(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise) (b) Necessary to comply with a legal obligation
To deliver relevant website content and online advertisements to Visitors, Business Users, and End Customers and measure or understand the effectiveness of the advertising we serve to you.	(a) Identity Data (b) Contact Data (c) Business User Profile Data (d) End Customer Profile Data (e) Prospective Customer Profile Data (d) Usage (f) Technical Data (g) Marketing and Communications Data	Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
To use data analytics to improve our Services, customer relationships and experiences and to measure the effectiveness of our communications and marketing with all users.	(a) Technical Data (b) Usage Data	Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
To send Business Users relevant marketing communications and make personalised suggestions and recommendations to you about goods or services that may be of interest to you based on your Profile Data.	(a) Identity Data (b) Contact Data (c) Technical Data (d) Usage Data (e) Business User Profile Data (f) End Customer Profile Data (g) Prospective Customer Profile Data (h) Marketing and Communications	(a) Necessary for our legitimate interests (to carry out direct marketing, develop our products/services and grow our business) (b) Consent, having obtained your prior consent to receiving direct marketing communications
To carry out market research through Business Users’ voluntary participation in surveys.	(a) Identity Data (b) Contact Data (c) Transaction Data (d) Business User Profile Data (e) End Customer Profile Data (f) Prospective Customer Profile Data (g) Usage Data (h) Marketing and Communications	(a) Necessary for our legitimate interests (to study how customers use our Services and to help us improve and develop our Services). (b) Consent, having obtained your prior consent to receiving direct marketing communications

Change my Cookies

For more information about the cookies we use and how to change your cookie preferences, please see our Cookie Policy.

5. DISCLOSURES OF YOUR PERSONAL DATA.

We may share your Personal Data where necessary with the parties set out below for the purposes set out in the table Purposes for which we will use your Personal Data above.

• External Third Parties as set out in this Privacy Policy and our Cookie Policy.
• Specific third parties, such as HubSpot and Intercom.
• Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your Personal Data in the same way as set out in this Policy.

We require all third parties to respect the security of your Personal Data and to treat it in accordance with the law. We do not allow our third-party service providers to use your Personal Data for their own purposes and only permit them to process your Personal Data for specified purposes and in accordance with our instructions.

6. INTERNATIONAL TRANSFERS

We are based in the United States. We may process, store, and transfer the personal data we collect, in and to a country outside your own, with different privacy laws. In addition to sharing your Personal Data within Paloma®, we may also transfer your Personal Data to service providers that carry out certain functions on our behalf. This may involve transferring Personal Data outside your country to countries which have laws that do not provide the same level of data protection as your country’s laws. By submitting your personal data or engaging with our Services, you consent to this transfer, storing, or processing.

If you are a person located in the EEA or the UK, please be aware that Paloma®’s use of your Peronsal Data internally and in connection with third-party service providers will involve transferring your data outside the EEA or UK to the US or other jurisdictions outside of the EEA or UK. Whenever we transfer your Personal Data out of the EEA or UK to countries which have laws that do not provide the same level of data protection as the EEA and UK laws, we always ensure that a similar degree of protection is afforded to it by ensuring that the following safeguards are implemented. Whenever we transfer your Personal Data out of your country, including the EEA and the UK, to third-party service providers, we ensure a similar degree of protection is afforded to it by ensuring that the following safeguards are in place:

We may use specific standard contractual terms approved for use in the EEA or UK (as applicable) which give the transferred Personal Data the same protection as it has in the EEA or UK (as applicable), namely the International Data Transfer Agreement or The International Data Transfer Addendum to the European Commission’s standard contractual clauses for international data transfers. To obtain a copy of these contractual safeguards, please contact us at [insert contact email address or link to Contact details].

7. CHILDREN’S ONLINE PRIVACY

We do not direct our Website to minors and we do not knowingly collect Personal Data from children under 16 years old or as defined by local legal requirements. If we learn we have mistakenly or unintentionally collected or received Personal Data from a child under the age at which they are legally able to consent to the collection of their Personal Data, or otherwise without appropriate consent, we will delete it. If you believe we mistakenly or unintentionally collected any information from or about a child, please contact us at hello@getpaloma.com.

8. DATA SECURITY

We have put in place appropriate security measures to prevent your Personal Data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your Personal Data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your Personal Data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected Personal Data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

9. HOW LONG WILL YOU RETAIN MY PERSONAL DATA?

We will only retain your Personal Data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your Personal Data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for Personal Data, we consider the amount, nature and sensitivity of the Personal Data, the potential risk of harm from unauthorized use or disclosure of your Personal Data, the purposes for which we process your Personal Data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

In some circumstances you can ask us to delete your data: see Your Legal Rights below for further information.

In some circumstances we will anonymize your Personal Data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

10. YOUR LEGAL RIGHTS

For residents of California, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Montana, Oregon, Tennessee, Texas, Utah, or Virginia, your state may provide certain additional rights (now or in the future) including the rights to:

• Confirm whether we process their personal information.
• Access and delete certain personal information.
• Correct inaccuracies in their personal information, taking into account the information's nature processing purpose (excluding Iowa and Utah).
• Data portability.
• Opt-out of personal data processing for: targeted advertising (excluding Iowa); sales; or profiling in furtherance of decisions that produce legal or similarly significant effects (excluding Iowa and Utah).
• Either limit (opt-out of) or require consent to process sensitive personal data.

The exact scope of these rights may vary by state. To exercise any of these rights, or appeal any decision regarding a consumer rights request, please email [email address].

For EEA and UK based users, you have a number of rights under data protection laws in relation to your Personal Data. You have the right to:

• Request access to your Personal Data (commonly known as a “subject access request”). This enables you to receive a copy of the Personal Data we hold about you and to check that we are lawfully processing it.
• Request correction of the Personal Data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
• Request erasure of your Personal Data in certain circumstances. This enables you to ask us to delete or remove Personal Data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your Personal Data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your Personal Data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
• Object to processing of your Personal Data where we are relying on a legitimate interest (or those of a third party) as the legal basis for that particular use of your data (including carrying out profiling based on our legitimate interests). In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your right to object.
• You also have the absolute right to object any time to the processing of your Personal Data for direct marketing purposes (see above for details of how to object to receiving direct marketing communications).
• Request the transfer of your Personal Data to you or to a third party. We will provide to you, or a third party you have chosen, your Personal Data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
• Withdraw consent at any time where we are relying on consent to process your Personal Data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
• Request restriction of processing of your Personal Data. This enables you to ask us to suspend the processing of your Personal Data in one of the following scenarios:
• If you want us to establish the data’s accuracy;
• Where our use of the data is unlawful but you do not want us to erase it;
• Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or
• You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

If you wish to exercise any of the rights set out above, please email support@getpaloma.com.

No fee usually required

You will not have to pay a fee to access your Personal Data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

What we may need from you.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Data (or to exercise any of your other rights). This is a security measure to ensure that Personal Data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond.

We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

11. CONTACT INFORMATION

If you have any questions or concerns about this Policy, the use of your Personal Data, or if you want to exercise your privacy rights, please contact us.

The best way to contact us is through our dedicated customer service email, hello@getpaloma.com.

You can also reach us through our postal address: Paloma Works PBC 169 Madison Ave #2050 New York, NY 10016

If you are an End Customer (e.g., you made a purchase or otherwise transacted with a Business User), please refer to the Business User’s privacy policy or notice for information regarding the Business User’s privacy practices, choices and controls, or contact the Business User directly.

12. COMPLAINTS

Please contact hello@getpaloma.com with any complaint, request, or additional information related to your Personal Data or this Privacy Policy. For residents of the UK or the EEA, you also have the right to make a complaint at any time to your local information privacy supervisory authority, such as the Information Commissioner’s Office (“ICO”) in the UK.

13. CHANGES TO OUR PRIVACY POLICY

We keep our policies under regular review. This version was last updated on June 26, 2024. Historic versions can be obtained by contacting us.

14. YOUR DUTY TO INFORM US OF CHANGES

It is important that the Personal Data we hold about you is accurate and current. Please keep us informed if your Personal Data changes during your relationship with us, for example a new address or email address.

15. THIRD-PARTY LINKS

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.