Privacy Statement

Last Updated: April 25, 2019

We understand that the privacy of your information is important to you, and we are committed to being transparent about how we use, share, and protect your information. To help further our commitment, we have developed this Privacy Statement to help you better understand the types of information we collect, why we collect it, how we will use it, what we do with it and the various options you have to manage the privacy of your personal information. By using the ProfitKeeper website, you consent to the data and privacy practices described in this Privacy Statement.

Scope of this Privacy Statement

This Privacy Statement describes our privacy practices for the personal information we collect in the usual course of business through our websites as well as our ProfitKeeper Accounting software, including our ProfitKeeper Sync web application as well as our Financial Reporting and Analytics software (collectively, “Software”) and other initiatives such as marketing and product training.

If you are located in the European Economic Area (“EEA”), some special rules apply:

  • Please note that this Privacy Statement only applies to the extent that we process personal information about you as a data controller or data subject, as defined in applicable EU privacy regulations. It does not apply when we process personal information as a data processor on behalf of another controller, such as your franchisor (“Franchisor”).
  • When and to the extent that we process your personal information as a data controller, ProfitKeeper, a division of PrimePay, LLC (referred to in this Privacy Statement as “ProfitKeeper,” “us,” “we” or “our”) is the processor of your personal information and contact details are provided below under the heading “How to Contact Us.”
  • Other special rules for EEA residents are set out in Section 7 below.
  • The EEA includes European Union countries and also Iceland, Liechtenstein and Norway.

We may provide additional “just-in-time” disclosures or additional information about the data collection, use and sharing practices specific to the Software. These notices may supplement or clarify our privacy practices or may provide you with additional choices about how we will process your personal information.

This Privacy Statement includes some important information, please take the time to read the entire Privacy Statement. Of course, if you have any questions please reach out to us.

1.            WHAT INFORMATION DO WE HAVE ACCESS TO, AND WHAT INFORMATION DO WE COLLECT?

Information You Give Us.

  • Creating an Account. When you create an account after clicking “I agree” to the Terms of Use on our website, we collect contact information that allows us to set up or open your account. Such information could include any or all of the following: your name, your store, location or franchise number, your home or work address, your e-mail address, your home or work telephone number and your user ID. ProfitKeeper also collects demographic information such as your ZIP code or other postal code, age, gender, preferences, interests and favorites. The Software also automatically collects technical information about your computer hardware and software. This information can include: your IP address, browser type, domain names, access times and referring Web site addresses. This information is used by ProfitKeeper for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the ProfitKeeper Web site. Collectively, we refer to the information above, and any other information we collect that relates to you as a specific individual user, as your “Personal Information” in this Privacy Statement. or as otherwise required by applicable law or regulation. ProfitKeeper does not sell, rent or lease your Personal Information to third parties, except in an anonymized state as part of a generalized industry study or analysis.
  • Using our Software. We access and process  business and financial transaction information from you and/or your Franchisor when you use our Software, such as information about your business, sales, revenue, cost and spending data and financial statement information for your business (collectively, your “Financial Data”).
  • Customer Support, Product Research, Training, and Feedback. When you reach out to us for support, give us feedback, participate in optional surveys, product research or trainings, we may also collect information that you choose to share.
  • ProfitKeeper Website. Please keep in mind that if you directly disclose Personal Information, Financial Data or other sensitive data through ProfitKeeper public message boards, this information may be collected or used by others. ProfitKeeper does not read any of your private online communications. ProfitKeeper encourages you to review the privacy statements of Web sites you choose to link to from ProfitKeeper so that you can understand how those Web sites collect, use and share your information. ProfitKeeper is not responsible for the privacy practices or other content on Web sites outside of the ProfitKeeper and ProfitKeeper family of Web sites.

Information We Get When You Use the Software.

When you access or use our Software, we may automatically collect certain information about you and how you use the Software. This may include:

  • Device information. We may collect device information such as Internet Protocol (“IP”) addresses, log information, error messages, device type, and unique device identifiers. For example, we may collect IP addresses from you when you log into the Software as part of our log-in and security features.
  • Usage Information. We may collect usage information such as the pages you viewed, the features you use, your browser type, and any links you click on to leave or interact with our Software. This helps us to provide the best viewing experience for our users.
  • Content. We collect and process Financial Data that you provide to your Franchisor or to other third party vendors utilized by your franchise system. We process this business transaction data through the Software as it relates to your own revenues, expenditures and as well as your transactions with your Franchisor. The Software automatically enters it into the Quickbooks® Online account in which you maintain your business records. Depending on the services subscribed by your Franchisor, the Software could also extract and process Financial Data from your Quickbooks® Online or Quickbooks® desktop or other accounting software so as to provide a standardized financial statement in a format common to all franchisees of your Franchisor and share it with your Franchisor. Thus, we access and process Financial Data related to your business. The Personal Information we do collect and retain is primarily contact information but could also include any content you provide to our client service personnel or any feedback you provide to us about the Software.
  • Information from Cookie and other Technologies. ProfitKeeper may use commonly-used tools such as cookies and similar technologies (collectively, “Cookies”) to provide the services you requested, recognize your visit, track your interactions with our Software, and improve your and other customers’ experience. A Cookie is a text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you. You have control over some of the data we collect from Cookies and how we use it. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, some parts of the Software may not work and you may not be able to fully experience the interactive features of the ProfitKeeper services or Web sites you visit.

Information We Get From Third Parties

As noted above, we get information about you from your Franchisor. In certain instances, we could also get information from other third parties where permitted by applicable law. For example, it is possible that we could receive information from:

  • Third parties with whom you have an account or receive a service when you choose to sync that third-party account/service with your Quickbooks® Online account or integrate your data from that third party into the Software or other service that we or an affiliate provide to you.
  • Third-parties who help us to supplement the information you have provided and to ensure the accuracy of your information. For example, we could use third party service providers to validate your e-mail or mailing address.
  • Third parties who provide us with information about you or your interaction with our Software. For example, we may obtain service and IT support information on technical issues you have raised with ProfitKeeper or with third parties, such as Intuit.

Required Information

The functionality in our Software requires you to provide access to your Personal Information and Financial Data in order for you to use the software. If you do not wish to provide the required information, do not use the Software since some or all of the features of the Software will not be available to you. We will try to let you know what information is required and what information, if any, is optional. We may also combine information that you provided us with information about you that we get from other sources, in accordance with applicable law.

2.            How Do We Use Your Personal Information and Financial Data?

We use your Personal Information and Financial Data in various ways, including to:

  • Provide, Improve, Protect, and Deliver the Functionality of the Software. We use your information:
    • to provide you with the services that you have accessed or requested;
    • to personalize your experience;
    • to provide technical support;
    • to protect the privacy, security and safety of the Software, ProfitKeeper, our clients and users; and
    • to otherwise operate our business.
  • Communicate with You. From time to time we may communicate with you, including to:
    • provide you with important information about the Software or your accounts, such as subscription related information.
    • give you offers for third-party products and services that we think may be of interest to you. We do not share your contact information with third-party vendors without your consent.
    • send you information about ProfitKeeper, PrimePay, other PrimePay products, special offers, and new product releases.
  • Protect ProfitKeeper and Others. We may use your Personal Information to protect ProfitKeeper, our clients and users, and others, such as for the purpose of combatting fraud.
  • Analyze Your Financial Data. We may use both manual and automated systems, such as machine learning and artificial intelligence, to:
    • analyze your Financial Data to improve our Software and provide useful business analytics to promote your profitability;
    • personalize your experience;
    • automate certain aspects of the Software or its implementation;
    • aggregate, de-identify or anonymize your Financial Data;
    • develop, in anonymized form, franchise-wide or industry-wide information, studies and analytical tools;
    • provide you certain features; and
    • protect the safety and security of ProfitKeeper, our Software, our clients, our users and others.

In general, we will use the Personal Information and Financial Data we collect from you only for the purposes described in this Privacy Statement or for purposes we provide at the time we collect information from you. Should we need to utilize such data for any other purpose not inconsistent with the spirit of this Privacy Statement, we will provide you with further information on any such additional processing when this happens, in accordance with applicable data protection laws.

3.            How Do We Share Your Information?

From time to time, we may need to share your information, but we will only share your Personal Information and Financial Data for the following reasons:

  • With your consent. We may share your Personal Information and Financial Data with your consent.
  • With third parties: We may share your Personal Information and Financial Data with third parties, but only for the following reasons:
    • With your consent or at your direction.
    • To provide Software functionality or services on our behalf. We access and/or share your Personal Information and Financial Data with your Franchisor, and we may share your information with trusted third parties who provide various functions on our behalf and enable us to provide our Software and operate our business, such as service providers and business partners that help us perform such functions as performing statistical analysis, sending you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your Personal Information except to provide these services to ProfitKeeper, and they are required to maintain the confidentiality of your information..
    • For Research. We may share certain information with third-parties for research purposes or to publish academic or policy-related materials, but only in an anonymous way that would not allow any specific business or individual person to be identified.
    • For legal reasons. We may share your Personal Information with third parties for legal reasons, including:
      • when we reasonably believe disclosure is required or permitted in order to comply with a subpoena, court order, search warrant, investigative demand or other applicable law, regulation or legal process;
      • to protect the rights, property, or safety of ProfitKeeper, our Software, our clients and users, or others;
      • if we believe your actions are inconsistent with the spirit and language of our Terms of Use, policies or agreements;
      • to protect against or defend our Software against attacks;
      • to enforce, remedy, or apply our Terms of Use and other agreements; or
      • to prevent fraud and for debt collection. 
  • With our Affiliates and Subsidiaries. We may share your Personal Information with and among our corporate affiliates and subsidiaries.
  • For Mergers and Acquisitions. If we are involved with a merger, asset sale, financing, liquidation, bankruptcy, or the acquisition of all or part of our business by another company, we may share your Personal Information with that company and its advisors before and after the transaction date.

 

4.            HOW DO WE PROCESS PERSONAL INFORMATION?

Our legal basis for collecting and using the Personal Information and Financial Data described in this Privacy Statement will depend on the type of information involved and the specific context in which we collect it. However, we will normally collect Personal Information or Financial Data from you only where we have your consent to do so, where we need the information to perform a service to which you or your Franchisor have subscribed, or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect Personal Information from you, including details of any legitimate interest we rely on to process your Personal Information and Financial Data. If you have questions about or need further information concerning the legal basis on which we collect and use your Personal Information, please contact us using the contact details provided under the “How To Contact Us” heading below.

5.            WHAT CAN YOU DO TO MANAGE YOUR PRIVACY?

You have choices when it comes to managing the privacy of your Personal Information and Financial Data.

  • Update Your Privacy Settings. You may update your privacy settings directly through the Software by visiting your account settings.
  • Manage Marketing Communications From Us. We honor your choices when it comes to receiving marketing communications from us. To update your preferences (including to opt-in or opt-out of marketing communications) you can contact us via the contacts listed in Section 10 “How to Contact Us”, below.
  • Cookies and Other Tracking Technologies. You can find information on changing your browser settings to opt-out of Cookies in your browser settings. Users and visitors in the EEA may make changes to your Cookies settings by launching the cookie consent widget available in your Quickbooks® Online account website. If you disable some or all of the Cookies, the Software or parts of the Software may not work. For more information, please refer to the Intuit Cookies Policy available in your Quickbooks® Online website.

6.            WHAT DATA DO WE RETAIN?

Unless you are from the EEA and specifically ask us to delete your Personal Information as explained in Section 7 “Individual Rights for EEA Users,” we retain your information as long as is necessary to provide you with the functionality and features provided by our Software. Once you or your Franchisor have terminated your account or otherwise cease using our Software (including if we determine your account has gone inactive), we will no longer retain your Personal Information except to the extent necessary:

  • to send you marketing communications in accordance with your marketing preferences (which you can change at any time – see Section 5);
  • for our own legal or regulatory compliance (e.g. maintaining records of transactions you have made with us), to exercise, establish or defend legal claims, and to protect against fraudulent or abusive activity on our Software; or
  • for general product improvement purposes in accordance with this Privacy Statement, provided that any data retained for this purpose will be handled securely and in confidence.

If we no longer need your Personal Information for the above purposes, we will generally retain it in accordance with our standard data retention and destruction practices. However, there may be occasions where we are unable to fully delete or de-identify your information due to technical or other operational reasons, for example where your information has been archived onto back-up systems. Where this is the case, we will take reasonable measures to securely isolate your information from any further processing until such time as we are able to overwrite, delete or de-identify it.

7.            WHAT SPECIAL INDIVIDIAL RIGHTS ARE THERE FOR EEA CLIENTS AND USERS?

If you reside in the EEA, you have certain rights with respect to your Personal Information that we collect and process. We respond to all requests we receive from individuals in the EEA that are using our Software when it is available within the EEA and who wish to exercise their data protection rights in accordance with applicable data protection laws. To file a request or act on one of your rights, please contact us at support@profitkeeper.com or use the contact details provided under Section 10, “How to Contact Us.” EEA residents have the following rights:

  • Access, Correction or Deletion. If you are an EEA resident, you may request access to, correction of, or deletion of your Personal Information. You can often go directly into your Quickbooks® Online account under Account Settings to take certain actions. Please note that since the Software works as a plug-in or add-on to your Quickbooks® Online account, a change in your Quickbooks account settings could potentially limit or disable the services provided by the Software. Please also note that even if you request for your Personal Information to be deleted, certain aspects may be retained by us: to meet our legal or regulatory compliance (e.g. maintaining records of transactions you have made with us); to exercise, establish or defend legal claims; and to protect against fraudulent or abusive activity on our Software. Data retained for these purposes will be handled as described in Section 6 “Data Retention,” above.
  • Objection and Restriction. You may object to our processing of your Personal Information or ask us to restrict processing of your Personal Information.
  • Portability. You may request portability of your Personal Information.
  • Withdraw Consent. If we have collected and processed your Personal Information or Financial Data with your consent, you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your Personal Information and Financial Data conducted in reliance on lawful processing grounds other than consent. If you withdraw your consent, object to our processing or delete your Personal Information, your user rights to the Software will be terminated.
  • File a complaint. You have the right to file a complaint with a supervisory authority about our collection and processing of your personal information.

8.            HOW DO WE PROVIDE FOR THE SECURITY OF YOUR PERSONAL INFORMATION and FINANCIAL DATA?

We understand that the security of your information is important to you. We provide appropriate technical and organizational security controls to protect your information. Nonetheless, even with our best efforts, we cannot absolutely guarantee or warrant the security of your information. All user data is housed on our servers in a secure area with limited access and protected from unauthorized access, use or disclosure. When Personal Information or Financial Data is transmitted to other websites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.

9.            INTERNATIONAL DATA TRANSFERS.

We may transfer your Personal Information and Financial Data to, and process and store such information, in other countries in compliance with applicable law. Some of these countries may have data protection laws that are different from the laws of your country (and, in some cases, may not be as protective). However, we have taken appropriate safeguards to require that your Personal Information and Financial Data remain protected. The Software accesses and processes Financial Data held by your Franchisor and transfers it into your Quickbooks® Online account and, in some cases, accesses and processes Financial Data in your Quickbooks® Online account and transfers it back to your Franchisor. ProfitKeeper is not responsible for the handling or transmittal of your Personal Information or Financial Data by others. If or when Intuit transfers your personal information from your Quickbooks account from the EEA or Switzerland to a non-EAA country, Intuit represents that it relies on one or more of the following legal mechanisms: E.U.-U.S. Privacy Shield and Swiss-U.S. Privacy Shield. For information on the handling of your personal information by your Franchisor, please consult your Franchisor’s Privacy Statement.

10.          HOW TO CONTACT US.

If you have questions or comments about this Privacy Statement or our practices, please contact us:

  • Email: support@profitkeeper.com
  • Regular mail or courier: ProfitKeeper, a Division of PrimePay, LLC, Attention: Privacy Compliance, 6859 E. Rembrandt Avenue, Suite 120, Mesa AZ 85212

12.          CHANGES TO OUR PRIVACY STATEMENTS.

From time to time we may change or update our Privacy Statement. We reserve the right to make changes or updates at any time. If we make material changes to the way we process your Personal Information or Financial Data, we will provide you notice via our Software or by other communication channels, such as by email or community post and, if required by applicable data protection laws, seek your consent to those material changes.

You can see when this Privacy Statement was last updated by checking the “last updated” date displayed at the top of this Privacy Statement. Please review any changes carefully.

13.          COLLECTION AND USE OF CHILDREN’S PERSONAL INFORMATION.

Our Software is intended for and directed to individuals 18 or over and we do not knowingly collect personal information from minors.