Privacy Policy

Vivan 8om Services Inc. is the company behind the BooksPOS software.

At BooksPOS, we respect the need for online privacy and make every effort to protect any personal or professional information shared with us. The following provisions are in addition to the confidentiality provisions set forth herein (listed in section 6 of the Terms and Conditions Agreement). In the event of a conflict between the provisions of this section and the confidentiality provision, the confidentiality provisions shall prevail.

1. Information we collect and store:
   1. BooksPOS collects our Customer’s information in the following manner:
      • Information the customer gives us.
        For those users who provide requisite authorization during the account setup and login process, BooksPOS collects information from the user about the business, to provide better service to all users. This includes first name, last name, email address, and the organization name. BooksPOS does not store passwords in plain text in our application -these are highly encrypted at multiple levels.
      • Information we collect as customers use our service.
        BooksPOS may collect specific information about how customers use our product. This includes situations such as how a customer uses a specific feature and when a customer uses the product. The information is collected as data logs, images, or a logical sequence of images to reply to an issue encountered by a user. Our logging system automatically collects information such as the internet protocol address, browser type, browser language, referring URL, features accessed, errors generated, time zone, operating system information, and other such information that is transmitted in the header of the user’s HTTP request and stores this information in log files. BooksPOS uses these log files to analyze trends, administer, and improve the application. BooksPOS does not collect or store applications or user-specific data as part of logs.
   2. Data we process on our customer’s behalf: Service Data
      • We only process Service Data as per our Customer’s instructions. For purposes of the GDPR and the Swiss Federal Act on Data Protection, we are the processor and not the controller of the Service Data. Service Data, as defined in the Terms, means all electronic data, text, messages, or other materials, including Personal Data of Users and End-Users, submitted to the Service(s) by our Customers through Customer’s Account in connection with Customer’s use of the Service(s), including data collection of our Customer’s end customers from Online Websites and Marketplaces using our integrations. Our EEA or Switzerland based Customers are the “controllers” of that data and are responsible for compliance with the applicable data protection law. We work with our customers to help them provide notice to their customers concerning the purpose for which Personal Data is processed by BooksPOS.
      • If you are our Customer from EEA or Switzerland, then in your role as a controller, you are authorizing, on behalf of you and your authorized agents and End-Users, and representing that you have the authority to provide such authorization to the processing and transfer of Personal Data in and to the United States and other countries which may have different privacy laws from your or their country of residence. We will take all steps reasonably necessary to ensure that the Service Data is treated securely and in accordance with this Notice.
      • We do not own, control, or direct the use of Service Data, and in fact we are largely unaware of what information is being stored on our platform and only access such information as reasonably necessary to provide the Service(s) (including to respond to support requests), as otherwise authorized by Customers or as required by law. Unless we explicitly agree otherwise in writing, you will not process sensitive personal data (such as health data) on our platform.
      • As the controller, it shall be your responsibility to inform the End-Users about the processing, and, where required, obtain necessary consent or authorization for any Personal Data that is collected as part of the Service Data through your use of the Service(s). As the processors of Personal Data on behalf of our Customers, we follow Customer’s instructions with respect to the Service Data to the extent consistent with the functionality of our Service(s). In doing so, we implement technical, physical, and administrative measures against unauthorized processing of such information and against loss, destruction of, or damage to, Personal Data.
2. How we use the information we collect
   • BooksPOS uses the above information for the following general purposes: service provisioning, billing, identification and authorization, service improvement, and research. When a customer contacts BooksPOS, we may keep a record of customer communication to help solve any issues customers might be facing.
   • When you share your contact details through the Contact Us Page, or Request a Demo or Request a Quote for our enterprise plan or by signing up for our free trial, we will use your information to contact you to understand your needs and send fortnightly newsletters about retail and how BooksPOS can help. All newsletter emails will have an unsubscribe link that will unsubscribe you from our list. You may also reply back to any email explicitly asking to be unsubscribed and we will delete your contact details.
3. Security of customer data
   • BooksPOS adopts industry appropriate data collection, storage, processing practices, and security measures to protect against unauthorized access, alteration, disclosure, or destruction of customer personal information and data stored in customer user accounts. BooksPOS ensures that it receives similar commitments from its vendors used to provide the Services hereunder. BooksPOS will provide notification to customers as soon as reasonably practical after a breach of such security that may impact Customer Data. Access to customer name and email address is restricted to employees who need to know such information in connection with providing service to customers and are bound by confidentiality obligations. BooksPOS does not sell the personally identifiable information customer provide for financial gain nor does BooksPOS share such information with third parties for the purpose of sending customer advertisements for products or services unaffiliated with BooksPOS.
4. Retention, deletion, or blocking of data
   • We adhere to the principles of purpose limitation and data minimization. Therefore, we only store your personal data for as long as it is necessary to achieve the purposes mentioned here or as long as the many storage periods required by law. After discontinuation of the respective purpose or expiry of these deadlines, the corresponding data will be blocked or deleted in accordance with the statutory provisions. Our legal basis for the deletion or blocking of personal data is Art. 5 (1) b) GDPR and Art. 5 (1) c) GDPR.
5. Your rights of access, rectification, cancellation, limitation of processing, data portability and to withdraw consent
   • We will provide access to your personal data stored by us at any time. If you wish, you will receive it in a structured, commonly used, and machine-readable format. We will be happy to correct, edit, limit, or delete your personal data at your request, provided that no statutory storage requirements are in conflict, or forward them to another responsible office. If your personal data stored with us has been processed incorrectly, out-of-date, or unlawfully, you can restrict its processing by us. Finally, you may change or revoke your consent to the processing of your personal information at any time with future effect. To contact us for any of these concerns, please email us at [email protected]. Our legal basis for the disclosure, correction, deletion, limitation of processing, and data transmission is the respective request of the data subject.
     You have the right to complain about the improper processing of your personal data (such as collection, storage, modification, transfer, deletion, etc.) by emailing us at [email protected].
6. Modification of this Privacy Policy
   • We reserve the right to change this Privacy Policy from time to time to ensure that it complies with current legal requirements or to implement changes to our services in the Privacy Policy, such as when introducing new services. Your new visit will be subject to the new privacy policy.