Privacy & Cookie Policy
Introduction & Scope.
Welcome, this is the Privacy & Cookie Policy (the “Policy”) for the mobile application known as Charm (the “App”), only available on the App Store for iOS devices, proudly operated, provided and managed by Opilio Software LLC (hereinafter referred to as “Opilio”).
Henceforth, this Policy sets forth the manner in which we gather your information, how we use it, what we do to protect it, and to assist you in making informed decisions when using our services. Unless otherwise indicated below, this Policy applies to any website that references this Policy, the App, any of Opilio’s websites, as well as any data Opilio may collect across partnered and unaffiliated sites.
For purposes of this Policy, “Service(s)” refers to Opilio’s custom point of sale management platform.
As used herein, the terms ‘us’, ‘its’, ‘ours’ and/or ‘we’, as used herein, shall refer to us, Opilio and/or our affiliates, assignees, successors and/or brands. As used herein, the terms ‘you’, ‘your’, and/or ‘yourself’ refer to you, a user/visitor/browser of our websites, whether registered under an account or not.
As used herein and elsewhere, the words “collect”, “use”, “process”, “treat”, “disclose” and analogous shall be related to personally identifiable information (the “PI”) and other data that we may collect from our users and/or visitors, including cookies inside a computer and mobile device IDs.
This Policy shall be supplemented by any other guidelines, terms and policies made available by us from time to time, incorporated herein by reference.
User Consent.
By accessing our Services and using our App, you accept our Policy, you consent to our collection, storage, use and disclosure of your PI information as described in this Privacy Policy. We will also ask for your specific consent to certain parts of the Service (i.e. subscription to modules, in-app purchases and newsletters) via clickable boxes with legends similar or analogous to “I Accept”.
You acknowledge and agree that this Policy is between you and Opilio only, and not with Google Inc. or Apple Inc. Henceforth, Opilio is solely responsible for the App and the content thereof. This Policy may not provide for usage rules for the App that are less restrictive than the usage rules set forth for licensed applications in, or otherwise be in conflict with, Google Inc.’s or Apple Inc.’s app stores terms of service and privacy policies.
Collection of Personal Information.
Through our Service, we may collect both “Non-Personal Information” and “Personal Information”. “Non-Personal Information” includes information that cannot be used to personally identify an individual person, such as anonymous usage data, general demographic information we may collect, number of clicks, platform types, preferences you submit and preferences that are generated based on the data you submit. “Personal Information” includes information that can be used to personally identify an individual person.
We may also collect non-personally identifiable information with third parties, such as aggregate user statistics, analytics, demographic information, and web site usage information. As our user, you will generally be able to control and select the amount and type of PI you may disclose to us.
Here at Opilio, we work hard to earn and keep your trust; and therefore we adhere to the following principles in order to protect your privacy: (i) we will not sell or lease your PI to third parties; (ii) we will not disclose your PI with other users or third parties without your consent; (ii) any PI that you provide to Opilio will be secured with industry standard safety protocols and technology.
We will keep a list of any sub-processors that will be involved in the processing of your PI due to the provision of our Service, and will inform you of any intended material changes concerning the addition or replacement of sub-processors before such changes are effective, thereby giving you the opportunity to object to such changes.
Personal Information Processing and Treatment.
Overall, we use your PI to provide and improve our Service. Accordingly, we will generally collect, use and disclose your PI to:
· Provide, operate, maintain, improve, and promote our platform and our products and services.
· Verify your e-mail address and other send account notices.
· Develop, research, process, safeguard and improve our Services.
· Offer promotions, newsletters, send service related announcements and contact you about inquiries for our products and services.
· Investigate and prevent fraudulent transactions, unauthorized access to our services, and other suspicious activities.
· Monitor and analyze trends, usage, and activities in connection with our products and services and for marketing or advertising purposes.
Opilio will keep any collected PI only long as it is necessary, with regard to the purpose of its processing and treatment. This means that PI collected and processed for marketing and commercial purposes will be stored for as long as you have an active account, and for twelve (12) months after your subscription has ended or where your account has been deleted or deactivated.
If you do not wish to disclose any or part of your PI to us, you may still be able to use some of the functionalities of our Services, though we will not be able to guarantee that you will be able to enjoy them at their fullest if you elect not to disclose it to us. Overall, your final remedies will be to delete your copy of the App, delete your account with us and/or exit our Service.
Information Collected from Payment Processors.
From time to time, we may use third party payment partners in order to bill and process any payments and subscriptions and in-app purchases. These platforms will request you to disclose them sensitive information in order to complete purchases and operations related to our Services, and are governed by their own safety standards, policies and terms of use.
Information Storage.
We will retain your PI only for as long as it is reasonably necessary for our business purposes (e.g. as long as your account is active). We will also retain and use your PI for our compliance obligations, to resolve disputes among our users, and enforce our contracts with authorized third parties.
Your Rights as Data Subject.
The General Data Protection Regulation (GDPR) allows individuals in the EU greater control over their personal data and grants them a number of rights with regard to how that data is processed, stored, and accessed.
For the purposes of the GDPR, in the European Union, Opilio is a “data controller” of PI you provide to us for the primary purposes of providing you with our Services.
For European Union customers and users, by clicking the “I Accept” button or otherwise accepting the terms and conditions of our services through a clickable action or similar action, you hereby acknowledge, agree and unequivocally consent to the collection, process, management, treatment, transfer and authorized of your PI by Opilio, its affiliates and authorized third parties.
The section below covers the certain situations that you, as data subject, and we as a data controller, are most likely to see, but you should also carefully review the full list of data subject rights here: https://gdpr-info.eu/chapter-3/. You retain the right to access, amend, correct or delete your PI where it is inaccurate at any time. To do so, please contact support@opiliosoft.com.
- The right to be forgotten: You can request us to be “forgotten”; that is, to have your PI removed from our Service. If we are asked to do this, we will remove any PI you we collected from you as requester. We will also need to contact any third parties, such as our cloud service providers, that process your PI on our behalf. To ensure that any personal data in Opilio’s possession can be removed in a timely manner, you can relay any request to be “forgotten” to us by submitting a request-
- Data portability: Under the GDPR, our users located in the EU may request Opilio to send them any PI in our possession. In this case, we will provide you with any PI that you have in a commonly used, machine-readable format.
- Access: As a data subject, you can ask Opilio to confirm how and where your PI is being stored and processed. You also have the right to know how such that data is shared with third parties by us.
- Rectification: As data subject, you have the right to obtain from Opilio, without undue delay, the rectification of inaccurate PI concerning you.
Your privacy request must include, at the least, the following information: (i) your complete name, address and/or e-mail address in order for us to notify you the response to your request; (ii) attached documents establishing your identity; and (iii) a clear and concise description of the PI with regard to which you seek to enforce any of your privacy rights. If you request rectification, please indicate amendments to be made and attach documentation to backup your request.
Upon receipt of your privacy request, and after due review, we may then edit, deactivate and/or delete your PI from our Services within thirty (30) days. In case of secure databases under our control where deletion is impossible, we will make such information permanently inaccessible.
How We Protect Your Information.
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your PI, username, password, transaction information and data stored on our websites. Sensitive and private data exchange between Opilio and its users happens over secured communication channels encrypted and protected with digital signatures.
Lawful Disclosure of Personally Identifiable Information.
Opilio may disclose personally your PI under special circumstances, such as to comply with subpoenas or when your actions violate our terms, policies or those of the app stores distributing our App. Accordingly, we must reserve our right to disclose your PI when we or our affiliates, clients, contractors, licensors, officers, agents and/or representatives reasonably believe it necessary to protect our interests, or where you result to be in breach of our Terms and/or this Policy.
Henceforth, we will have the right to disclose any and all collected PI and/or user data, under the following circumstances: (i) if required under applicable law, rules or regulations; (ii) in response to a valid request or subpoena from a government or law enforcement agency; (iii) to defend ourselves and our affiliates, licensors, officers, agents and representatives from legal claims and processes brought to us by third parties (including takedown notices); (iv) to defend the property, rights and integrity of any of our users, advertisers or licensors; and/or (v) to stop or cause to cease any actions that we may consider to cause –whether allegedly or factually– a contingency or liability.
Email Communications & Opting Out.
We collect the e-mail addresses of those who communicate with us via e-mail, aggregate information on what pages users’ access or visit, and information volunteered by the consumer (such as survey information and/or website registrations).
We will send you Service-related announcements on occasions when it is necessary to do so. For instance, if our Service is temporarily suspended for maintenance, or a new enhancement is released, which will affect the way you use our Service, we might send you an email. Generally, you may not opt-out of these communications, which are not promotional in nature. If you no longer wish to receive email update and other commercial communications and messages, you may opt-out of receiving them by following the instructions included in each update or communication.
Changes to this Privacy Policy.
Opilio may periodically update this Policy. We will notify you about significant changes in the way we treat PI by sending a notice to the primary email address specified as the primary account holder account or by placing a prominent notice on our websites. Your continued use thereof after the last effective date of modifications thereof indicates your acceptance of such modifications.
Service Eligibility & Age of Consent.
Through the simple use of our platform and our products and services, you hereby represent and warrant that you are at least eighteen (18) years of age –or older– as of the date of first access thereof. If you are still a minor (which may depend on the jurisdiction where you reside), you may only access our Services under the direct supervision of your parent or legal guardian.
Opilio does not knowingly collect any kind of information from persons under the age of thirteen (13). If we learn or suspect that any user is under the age of thirteen (13), we will delete any appertaining PI.
International Transfer Notice.
We have our headquarters in the United States of America. Henceforth, your PI may be accessed by us or our affiliates, agents, partners, advertisers or third-party service providers in our business locations, which may or may not be located in your country of residence, and you hereby consent to such access and transfer by simple disclosure. All Opilio related entities are subject to the privacy practices set out in this Policy and any applicable jurisdictional legislation.
Notice to Florida Residents.
Opilio’s main business operations are located in the State of Florida. In compliance with Florida Information Protection Act of 2014 (501.171) or ‘FIPA’, we are responsible for any and all factual or suspected security data breaches into our PI databases, and are also required to notify our Florida customers of any such factual or suspected breach (by email and/or post). A breach of security is defined as an “unauthorized access, or authorized access for an illegitimate purpose of PI, that compromises the security, confidentiality or integrity of such PI”.
How to Contact Us.
If you have any questions regarding this Policy or the practices of our websites, or wish to withdraw your consent for the continued collection, use or disclosure of your PI, please contact us at If you have any questions or queries about us, the Site, our Services or this Policy, please contact us at support@opiliosoft.com.
Date of last effective update is Feb 15th, 2019.