Old Podium Policies

Old Payments Service Terms

Podium Payment Service Terms – 2/26/21

By using or accessing Podium’s Payment Service, or by signing or clicking accept to any Subscription Documentation referencing these terms, you agree to be bound by the following terms and conditions (the “Payment Service Terms”).

These Payment Service Terms incorporate by this reference the Podium Terms of Service (currently available at: https://www.podium.com/terms-and-conditions/) as may be updated from time to time, which, among other terms, contains provisions governing the resolution of claims (see “Disclaimers”, “Limitations of Liability”, “Dispute Resolution”, “General”). In the event of any conflict or inconsistency between these Payment Service Terms and the Podium Terms of Service, these Payment Service Terms will govern.

Capitalized terms used herein without a definition have the same meaning as the defined term in the Podium Terms of Service. For the avoidance of doubt, all references to the “Agreement” will include these Payment Service Terms.

  1. DEFINITIONS.
    1. 1.1.Basic Fraud Review” means a review of all Orders placed using the Payment Services where the Payment Service Provider will issue an approve or decline recommendation.
    2. 1.2.Fraud Prevention Service” means an enhanced review of all Orders placed using the Payment Services where the Payment Service Provider will issue an approve or decline recommendation and guarantee the decision pursuant to the Chargeback Guarantee (defined below).
    3. 1.3.Order” means all card-not-present credit and debit card Transactions.
    4. 1.4.Payment Method” means a type of payment method that Podium and its Payment Service Provider accepts as part of the Payment Services.
    5. 1.5.Payment Service Provider” means such third party payment processor or third party fraud prevention service provider used by Podium in order to facilitate certain features of the Payment Services
    6. 1.6.Personal Data” means information that identifies a specific living person (not a company, legal entity, or machine) and is transmitted to or accessible through the Services.
    7. 1.7.Submitted Order” means all Orders submitted for review under the Fraud Prevention Services.
    8. 1.8.Prohibited Industries” means those industries that Podium or the Payment Service Provider(s) has identified as a restricted business or activity, as may be updated from time to time, including but not limited to those business listed at https://stripe.com/restricted-businesses, and any pornography, gambling, and/or firearms related businesses, activities, or transactions. “Prohibited Industries” also means any country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC).
    9. 1.9.Transaction” means a Payment Method request initiated by Client via the Payment Services for which Client directs Payment Service Provider to capture funds for or from a Customer-associated account with respect to a payment from a Customer, and includes the authorization, settlement and if applicable, disputes, refunds and reversals, with respect to such payment request.
  2. SERVICES.
    1. 2.1.Payment Services. Podium’s payment services allow you to accept various forms of payment and complete Transactions with your Customer’s through the Services (“Payment Services”).
    2. 2.2.Use of the Payment Services. Subject to Client’s performance of its duties and obligations under the Agreement (including these Payment Service Terms), Podium shall provide Client with the right to use the Payment Services, subject to any additional terms set forth in the applicable Subscription Documentation and, if applicable, any additional terms provided by the applicable Payment Service Provider. Podium will have no obligation to provide any services or perform any tasks not specifically set forth in the Agreement (including any applicable Subscription Documentation).
    3. 2.3.In addition to the support terms stated in the Podium Terms of Service, there may be certain features of the Payment Services that require additional support to be performed by the Payment Service Provider and subject to such Payment Service Provider’s support policy.
    4. 2.4.Terminal Products. To the extent Client uses, purchases, or accepts any Subscription Documentation that includes any Podium Terminal Products (as defined in the applicable terms), Client agrees to be bound by the Podium Terminal Terms (currently available at: https://www.podium.com/terms-and-conditions/card-readers).
  3. PAYMENT SERVICE PROVIDER ACCOUNT
    1. 3.1.Account Registration. In order to access and use the Payment Services, Client must register for an account with Podium’s Payment Service Provider (“Payment Service Provider Account”) via Podium’s platform. You agree and acknowledge that registration for a Payment Service Provider Account is subject to approval by the relevant Payment Service Provider, and such Payment Service Provider may suspend or terminate your Payment Service Provider Account at any time in accordance with the Payment Service Provider Agreement (as defined below). Your Payment Service Provider Account information must be accurate, current and complete, and any information provided to Payment Service Provider should correspond with the same type of information provided by you to Podium.
    2. 3.2.Payment Service Provider Agreement. Your use of the Payment Services is subject to your acceptance of the terms and conditions of the Payment Service Provider Agreement, available at https://stripe.com/connect-account/legal, as may be amended from time to time, and including any referenced, linked or additional terms provided by Payment Service Provider (“Payment Service Provider Agreement”). The Payment Service Provider Agreement is considered incorporated into this Agreement by reference as it relates to the Payment Services. The Payment Service Provider Agreement is a legal agreement between you and the Payment Service Provider. As between Client and Podium, any additional terms or amended terms agreed to between Client and Payment Service Provider will not be enforceable against Podium and this Agreement will govern in the event of any conflict or inconsistency between this Agreement and the Payment Service Provider Agreement.
    3. 3.3.Payment Service Provider Account Management. Your Payment Service Provider Agreement governs the management of your Payment Service Provider Account, including (i) use and administration of any data about you, your Customers or your Transactions that is provided to the Payment Service Provider, and (ii) any action submitted via your Payment Service Provider Account, such as initiating charges or refunds, handling chargebacks or disputes, and other functions which may be or become available through your Payment Service Provider Account. You hereby consent to Payment Service Provider’s disclosure of data (which may include Personal Data) to Podium for the purpose of facilitating the provision of the Services.
    4. 3.4.Payment Services Pre-requisites. In order to use the Payment Services, for the duration of the Subscription Term you must have a valid and in effect (i) executed Payment Service Provider Agreement and (ii) Payment Service Provider Account. In the event Payment Service Provider terminates or suspends your Payment Service Provider Agreement or Payment Service Provider Account, for any reason, Podium reserves the right to terminate or suspend your use of the Payment Services, without any liability to you.
  4. FRAUD PREVENTION SERVICES
    1. 4.1.Basic Fraud Review. The Basic Fraud Review services, under which the Payment Service Provider will review all Orders placed through the Payment Services and provide you with an approve or decline recommendation, will be included as part of any subscription to Podium Payment Services.
    2. 4.2.Fraud Prevention Services. If you subscribe to the Fraud Prevention Services, the Payment Service Provider will review all Orders placed through the Payment Services and provide you with an approve or decline recommendation and where Payment Service Provider has provided an approve notice and you have fulfilled the Order and such Order is subject to a chargeback pursuant to the reason codes set out below (“Approved Order Chargeback”), Podium will provide the Chargeback Guarantee (as defined below). For the avoidance of doubt, if you subscribe to the Fraud Prevention Service you must submit all Orders placed through the Payment Service for review.
      1. Chargeback Guarantee – Generally. Your sole and exclusive remedy for an Approved Order Chargeback will be the payment by Podium of liquidated damages in an amount of the Chargeback Guarantee. The Chargeback Guarantee amount (i) will be the lower of: (a) the original Order value and (b) the amount stated in the original chargeback notice submitted for review under the Fraud prevention Services (e.g., to reflect any changes in the order value after it was approved by Podium), (ii) will exclude the fees charged for review of such Order and (iii) will be reduced by any amounts recovered by you for such Order and (iv) will exclude any fees incurred by you in relation to such chargeback (e.g., from the payment processor) (the “Chargeback Guarantee”). 
      2. Crediting Process. If applicable, Podium will provide reimbursement for amounts owed to you pursuant to the Chargeback Guarantee on a monthly basis, as a credit to your account (e.g., chargeback amounts for March would be set off from the payment owed by you to Podium in the April invoice). Following termination or expiration of your applicable Subscription Documentation, Podium shall provide reimbursement via wire transfer in the event the reimbursement amount exceeds the fees owed by you to Podium.
      3. Required Documentation. If requested by Podium, you must submit the following documents for an Order to be covered by the Chargeback Guarantee:
          • A copy of the original chargeback notification, which must include the following: (i) a chargeback reason or reason code, (ii) the original order date and order amount, (iii) for orders in which the Customer used a credit card to place the order, the notice must include the first six (6) and last four (4) digits of the credit card, and (iv) if the order was placed using an alternative payment method (e.g. PayPal) the notice must include the customer’s name and customer email,
          • For orders of tangible goods, you will, if and where available, provide Podium with a proof of delivery in one of two formats: a copy of the shipping form (as provided by the shipping company) containing the delivery address, reroute information, date of delivery and the parcel delivery status; or a valid tracking number from a shipping company, and
          • Any other documents that Podium or the Payment Service Provider reasonably requires
      1. Excluded Orders. The following orders are not covered by the Chargeback Guarantee.
          • Not Approved. The order did not result in Payment Service Provider providing an approval notice.
          • Not Fraud Related. The chargeback reason is other than a reason code set out herein.
          • Chargeback Notice / Order Mismatch. The information in the chargeback notice does not match the information in the original order.
          • Delivery. Tangible goods delivered to an address other than the shipping address set out in the original order.
          • Late Submission of Chargeback. The chargeback was submitted to Podium for reimbursement more than three (3) days after the chargeback notice issuance date or if the date of the chargeback notice is before the order shipping date.
          • Eligibility Period. The Chargeback Guarantee shall be valid for period of six (6) months from the date of the approval notice.
          • Disputing Party. Orders for which Client does not make Payment Service Provider the first and primary point of contact for disputing the chargeback through Client’s payment gateway and/or bank.
          • Reclamation of Goods by Client. Order for which Client is successful in reclaiming the goods. In such case, the Chargeback Guarantee amount will be limited to the to the order shipping costs.
          • Failure to Provide Notice. Podium reserves the right to decline to reimburse for chargebacks if Client fails to timely comply with its notice obligations or any other terms herein.
          • Prohibited Industries. Orders related to a Prohibited Industry.
      1. Basic Fraud Review Orders. For the avoidance of doubt, Basic Fraud Review Orders are not subject to the Chargeback Guarantee.
    1. Order Review. You may, in your sole discretion, approve or reject an Order. Podium may choose not to review a Submitted Order if (i) the Order was already fulfilled by you; (ii) more than one (1) week has passed since the Order was created; (iii) the Client Data or a portion thereof does not meet the standards set by the Payment Service Provider; (iv) the Order contains data related to Prohibited Industries; or (v) the Order does not include a physical product or is an order for services.
      1. Order Information Modification. You agree and acknowledge that each update of Order details, which includes but is not limited to updating the shipping and billing Customer name or address, Customer email, order amount or payment details, submitted after the issuance of an approve notice, will result in the Order being submitted for additional review and you may be charged the applicable fee for any such updated details.
    2. Reason Codes. Payment Service Provider covers any and all chargebacks that are of card not present “unauthorized credit card use”. The below reason codes will be deemed to be automatically updated, without amendment hereto, to reflect changes made by the credit card networks and will automatically apply to the Service as of the date of such change.
      1. Visa
          • 10.1: EMV Liability Shift Counterfeit Fraud (Online Only)
          • 10.4: Other Fraud – Card Absent Environment
      1. MasterCard 
          • 4837/37: Fraud Transaction No Cardholder Authorization
          • 4840/40: Fraudulent Processing of Transactions
          • 4863/63: Cardholder Does Not Recognize Potential Fraud
      1. American Express
          • FR2: Fraudulent Transaction
          • F29: Fraudulent Transaction – Card Not Present
      1. Discover
          • UA02: Fraud Card Not Present Transaction
          • AA: Transaction Does Not Recognize
          • 7030: Unauthorized purchase
  1. DATA USE.
    1. 5.1.In addition to the Client’s obligations under the Podium Terms of Service, Client agrees that where Client provides or makes available to Podium or the Payment Service Provider any Client Data (including without limitation, Personal Data about Customers) in connection with Client’s use of the Payment Services, Client grants Podium, Payment Service Providers, and their respective affiliates the worldwide, non-exclusive, royalty-free, perpetual, fully-paid-up, and irrevocable, right to (i) to collet, use, retain, transfer and disclose Client Data (including to Podium and Payment Service Provider’s third party service providers) in order to provide the Payment Services to Client and (ii) to enable Payment Service Provider to use Client Data to: (a) provide the Payment Services Provider’s services to Payment Service Provider’s and its affiliates other clients; (b) mitigate fraud, financial loss, or other harm; (c) analyze and improve, and incorporate Client Data into, the Payment Service Provider’s products, systems, and tools. Any information, including Personal Data, provided by Client in connection with the Payment Services or Payment Provider Account will be subject to the Payment Service Provider’s Privacy Policy, available at https://stripe.com/privacy and https://www.riskified.com/privacy/ as may be amended from time to time.
    2. 5.2.Podium and Payment Service Provider may disclose Client Data pursuant to a data subject access request or consumer data request as required by applicable law, provided that to the extent permitted under applicable law, Podium notify Client of any such disclosure. Notwithstanding anything herein to the contrary, Podium and the Payment Service provider will be permitted to retain and use Client Data (to the extent such use is permitted under these Payment Service Terms) associated with a chargeback after the expiration or termination of your applicable Subscription Documentation. Solely for purposes of the California Consumer Privacy Act of 2018, Cal. Civil Code § 1798.100 et seq. (as may be amended from time to time) (the “CCPA”), (i) Podium is acting as a Service Provider (as defined in the CCPA) for Client as a Business (as defined in the CCPA), (ii) except as set forth herein, Podium is prohibited from selling the Client Data or retaining, using, or disclosing the Client Data for any purpose other than for the specific purpose of performing the Payment Services, (iii) Client hereby instructs Podium that the Business Purpose includes Podium (and Payment Service Providers) using and retaining the Client Data internally for the benefit of all of Payment Service Provider’s clients for detecting fraud, optimizing e-commerce solutions and similar performance enhancing purposes and (iv) Podium understands and will comply with the restrictions herein.
  2. CLIENT OBLIGATIONS.
    1. 6.1.Representations and Warranties. Client warrants and represents that it: (i) will comply with the Payment Service Provider Agreement; (ii) will ensure that its employees, contractors and agents will at all times comply with the terms of this Agreement and Payment Service Provider Agreement, as applicable; (iii) will only use the Payment Services for bona fide commercial Transactions with its Customers; (iv) will be responsible for managing Client’s relationship with its Customers, including communication, selling and providing products and services, and handling any disputes or returns with such Customers; (v) if applicable, will be responsible for providing all notices and obtaining all consents as required under applicable federal and state auto-renewal regulations and any other applicable laws or regulations in connection with recurring payments. You affirm that you are solely responsible for the nature and quality of the products or services you provide and for the delivery, support, refunds, returns and any other ancillary services you provide to your Customers.
      1. Client represents and warrants that it: (i) has obtained necessary consent from the Customers in order for Podium and the Payment Service Providers to use Client Data in accordance with these Payment Service Provider Terms, (ii) has provided notices to Customers, as required under applicable law, (iii) if applicable, has obtained consent from Customers to use automated decision making, (iv) has provided Customers with the ability to exercise any access rights as required under applicable law, and (v) complies with any requirements or limitations regarding the processing of Personal data and data of minors, in each case, to the extent required under applicable law.
    2. 6.2.Unauthorized Activity. Client is responsible for any activity initiated using Client’s Payment Service Provider Account credentials. Where either Podium or Payment Service Provider incurs any losses based on unauthorized activity initiated by Client or on Client’s behalf, Client is financially liable for such losses. Payment Service Provider may deduct such losses from Client’s Payment Service Provider Account, or Podium may require Client to pay such losses.
  3. REQUIREMENTS, LIMITATIONS AND RESTRICTIONS
    1. 7.1.You must use the Payment Services in a lawful manner, and must obey all laws, rules, and regulations (“Laws”) applicable to your use of the Payment Services and your Payment Service Provider Account(s). 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.
    2. 7.2.You may not use the Payment Service Provider Account(s) to enable any person (including you) to benefit from any activities Payment Service Provider has identified as Prohibited Industries. If you are uncertain whether a category of business or activity is restricted or have questions about how these restrictions apply to you, please contact Podium.
    3. 7.3.You may not use the Payment Service Provider Account(s) to facilitate illegal Transactions or to permit others to use the Payment Service Provider Account(s) for personal, family or household purposes. In addition, you may not allow, and may not allow others to: (i) access or attempt to access non-public Payment Service Provider systems, programs, data, or services; (ii) copy, reproduce, republish, upload, post, transmit, resell, or distribute in any way, any data, content, or any part of the Payment Service Provider Account, documentation, or Payment Service Provider’s website except as expressly permitted by applicable Laws; (iii) act as service bureau or pass-through agent for the Payment Service Provider Account with no added value to your Customers; (iv) transfer any rights granted to you under the Payment Service Provider Agreement; (v) work around any of the technical limitations of the Payment Service Provider Account or enable functionality that is disabled or prohibited; (vi) reverse engineer or attempt to reverse engineer the Payment Service Provider Account except as expressly permitted by Laws; (vii) perform or attempt to perform any actions that would interfere with the normal operation of the Payment Service Provider Account or affect use of the Payment Service Provider Account by Payment Service Provider’s other users; or (ix) impose an unreasonable or disproportionately large load on the Payment Service Provider Account.
  4. FEES.
    1. 8.1.In addition to any other Fees due to Podium under the Subscription Documentation, Client will pay a fee assessed on a per Transaction basis (“Transaction Fee”) and a fee for use of the Fraudulent Transaction Review and any additional Fees for additional features within the Payment Services which may be made available by Podium from time to time, such Fees payable in accordance with the Podium Terms of Service. Information relating to our current fees is available at https://pay.podium.com/current_fees.  In addition to the Transaction Fee, the Payment Service Provider may collect a fee for activity conducted via your Payment Service Provider Account. You agree that the Payment Service Provider will have the right to deduct both its fees and the applicable Podium Fees (including the Transaction Fee) from your Payment Service Provider Account, in accordance with the Payment Service Provider Agreement.
  5. LIMITATIONS ON PODIUM’S LIABILITY
    1. 9.1.Podium is not responsible for the acts or omissions of any Payment Service Provider or any other financial services provider in providing services to Client or Client’s Customers, or for any non-compliance by Payment Service Provider with the terms of the Payment Service Provider Agreement. Podium is also not responsible for Client’s obligations to its Customers (including properly describing and delivering the goods or services being sold to Customers). You are solely responsible for, and Podium expressly disclaims all liability for, your compliance with applicable laws and obligations related to your provision of the goods or services to your Customers. This may include providing customer service, notification and handling of refunds or Customer complaints, provision of receipts, registering your legal entity, or other actions not related to the Services. You agree to indemnify Podium for any losses we incur based on your failure to properly describe or deliver goods or services, or comply with your legal or contractual obligations to Payment Service Provider or your Customers.

Podium Payment Service Terms – 11/25/2020

By using or accessing Podium’s Payment Service, or by signing or clicking accept to any Subscription Documentation referencing these terms, you agree to be bound by the following terms and conditions (the “Payment Service Terms”).

These Payment Service Terms incorporate by this reference the Podium Terms of Service (currently available at: https://www.podium.com/terms-and-conditions/) as may be updated from time to time, which, among other terms, contains provisions governing the resolution of claims (see “Disclaimers”, “Limitations of Liability”, “Dispute Resolution”, “General”). In the event of any conflict or inconsistency between these Payment Service Terms and the Podium Terms of Service, these Payment Service Terms shall govern.

Capitalized terms used herein without a definition have the same meaning as the defined term in the Podium Terms of Service. For the avoidance of doubt, all references to the “Agreement” shall include these Payment Service Terms.

1. DEFINITIONS.
1.1. “Basic Fraud Review” means a review of all Orders placed using the Payment Services where the Payment Service Provider will issue an approve or decline recommendation.
1.2. “Dispute” means an instruction initiated by a Customer for the return of funds for an existing charge (including a chargeback or dispute on a payment card network or ACH network).
1.3. “Fraud Prevention Service” means an enhanced review of all Orders placed using the Payment Services where the Payment Service Provider will issue an approve or decline recommendation and guarantee the decision pursuant to the Chargeback Guarantee (defined below).
1.4. “Order” means all card-not-present Transactions.
1.5. “Payment Method” means a type of payment method that Podium and its Payment Service Provider accepts as part of the Payment Services.
1.6. “Payment Service Provider” means such third party payment processor or third party fraud prevention service provider used by Podium in order to facilitate certain features of the Payment Services
1.7. “Personal Data” means information that identifies a specific living person (not a company, legal entity, or machine) and is transmitted to or accessible through the Services.
1.8. “Submitted Order” means all Orders submitted for review under the Fraud Prevention Services.
1.9. “Prohibited Industries” means those industries that Podium or the Payment Service Provider(s) has identified as a restricted business or activity, as may be updated from time to time, including but not limited to those business listed at https://stripe.com/restricted-businesses, and any pornography, gambling, and/or firearms related businesses, activities, or transactions. “Prohibited Industries” also means any country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC).
1.10. “Transaction” means a Payment Method request initiated by Client via the Payment Services for which Client directs Payment Service Provider to capture funds for or from a Customer-associated account with respect to a payment from a Customer, and includes the authorization, settlement and if applicable, disputes, refunds and reversals, with respect to such payment request.

2. SERVICES.
2.1. Payment Services. Podium’s payment services allow you to accept various forms of payment and complete Transactions with your Customer’s through the Services (“Payment Services”).
2.2. Use of the Payment Services. Subject to Client’s performance of its duties and obligations under the Agreement (including these Payment Service Terms), Podium shall provide Client with the right to use the Payment Services, subject to any additional terms set forth in the applicable Subscription Documentation and, if applicable, any additional terms provided by the applicable Payment Service Provider. Podium shall have no obligation to provide any services or perform any tasks not specifically set forth in the Agreement (including any applicable Subscription Documentation).
2.3. In addition to the support terms stated in the Podium Terms of Service, there may be certain features of the Payment Services that require additional support to be performed by the Payment Service Provider and subject to such Payment Service Provider’s support policy.
3. PAYMENT SERVICE PROVIDER ACCOUNT
3.1. Account Registration. In order to access and use the Payment Services, Client must register for an account with Podium’s Payment Service Provider (“Payment Service Provider Account”) via Podium’s platform. You agree and acknowledge that registration for a Payment Service Provider Account is subject to approval by the relevant Payment Service Provider, and such Payment Service Provider may suspend or terminate your Payment Service Provider Account at any time in accordance with the Payment Service Provider Agreement (as defined below). Your Payment Service Provider Account information must be accurate, current and complete, and any information provided to Payment Service Provider should correspond with the same type of information provided by you to Podium.
3.2. Payment Service Provider Agreement. Your use of the Payment Services is subject to your acceptance of the terms and conditions of the Payment Service Provider Agreement, available at https://stripe.com/connect-account/legal, as may be amended from time to time, and including any referenced, linked or additional terms provided by Payment Service Provider (“Payment Service Provider Agreement”). The Payment Service Provider Agreement is considered incorporated into this Agreement by reference as it relates to the Payment Services. The Payment Service Provider Agreement is a legal agreement between you and the Payment Service Provider. As between Client and Podium, any additional terms or amended terms agreed to between Client and Payment Service Provider shall not be enforceable against Podium and this Agreement shall govern in the event of any conflict or inconsistency between this Agreement and the Payment Service Provider Agreement.
3.3. Payment Service Provider Account Management. Your Payment Service Provider Agreement governs the management of your Payment Service Provider Account, including (i) use and administration of any data about you, your Customers or your Transactions that is provided to the Payment Service Provider, and (ii) any action submitted via your Payment Service Provider Account, such as initiating charges or refunds, handling chargebacks or disputes, and other functions which may be or become available through your Payment Service Provider Account. You hereby consent to Payment Service Provider’s disclosure of data (which may include Personal Data) to Podium for the purpose of facilitating the provision of the Services.
3.4. Payment Services Pre-requisites. In order to use the Payment Services, for the duration of the Subscription Term you must have a valid and in effect (i) executed Payment Service Provider Agreement and (ii) Payment Service Provider Account. In the event Payment Service Provider terminates or suspends your Payment Service Provider Agreement or Payment Service Provider Account, for any reason, Podium reserves the right to terminate or suspend your use of the Payment Services, without any liability to you.
4. FRAUD PREVENTION SERVICES
4.1. Basic Fraud Review. The Basic Fraud Review services, under which the Payment Service Provider will review all Orders placed through the Payment Services and provide you with an approve or decline recommendation, will be included as part of any subscription to Podium Payment Services.
4.2. Fraud Prevention Services. If you subscribe to the Fraud Prevention Services, the Payment Service Provider will review all Orders placed through the Payment Services and provide you with an approve or decline recommendation and where Payment Service Provider has provided an approve notice and you have fulfilled the Order and such Order is subject to a chargeback pursuant to the reason codes set out below (“Approved Order Chargeback”), Podium will provide the Chargeback Guarantee (as defined below). For the avoidance of doubt, if you subscribe to the Fraud Prevention Service you must submit all Orders placed through the Payment Service for review.
4.2.1. Chargeback Guarantee – Generally. Your sole and exclusive remedy for an Approved Order Chargeback shall be the payment by Podium of liquidated damages in an amount of the Chargeback Guarantee. The Chargeback Guarantee amount (i) shall be the lower of: (a) the original Order value and (b) the amount stated in the original chargeback notice submitted for review under the Fraud prevention Services (e.g., to reflect any changes in the order value after it was approved by Podium), (ii) shall exclude the fees charged for review of such Order and (iii) shall be reduced by any amounts recovered by you for such Order and (iv) shall exclude any fees incurred by you in relation to such chargeback (e.g., from the payment processor) (the “Chargeback Guarantee”).
4.2.2. Crediting Process. If applicable, Podium will provide reimbursement for amounts owed to you pursuant to the Chargeback Guarantee on a monthly basis, as a credit to your account (e.g., chargeback amounts for March would be set off from the payment owed by you to Podium in the April invoice). Following termination or expiration of your applicable Subscription Documentation, Podium shall provide reimbursement via wire transfer in the event the reimbursement amount exceeds the fees owed by you to Podium.
4.2.3. Required Documentation. If requested by Podium, you must submit the following documents within three (3) calendar days of the original chargeback notification for an Order to be covered by the Chargeback Guarantee:
• A copy of the original chargeback notification, which must include the following: (i) a chargeback reason or reason code, (ii) the original order date and order amount, (iii) for orders in which the Customer used a credit card to place the order, the notice must include the first six (6) and last four (4) digits of the credit card, and (iv) if the order was placed using an alternative payment method (e.g. PayPal) the notice must include the customer’s name and customer email,
• For orders of tangible goods, you shall, if and where available, provide Podium with a proof of delivery in one of two formats: a copy of the shipping form (as provided by the shipping company) containing the delivery address, reroute information, date of delivery and the parcel delivery status; or a valid tracking number from a shipping company, and
• Any other documents that Podium or the Payment Service Provider reasonably requires
4.2.4. Excluded Orders. The following orders are not covered by the Chargeback Guarantee.
• Not Approved. The order did not result in Payment Service Provider providing an approval notice.
• Not Fraud Related. The chargeback reason is other than a reason code set out herein.
• Chargeback Notice / Order Mismatch. The information in the chargeback notice does not match the information in the original order.
• Delivery. Tangible goods delivered to an address other than the shipping address set out in the original order.
• Late Submission of Chargeback. The chargeback was submitted to Podium for reimbursement more than three (3) days after the chargeback notice issuance date or if the date of the chargeback notice is before the order shipping date.
• Eligibility Period. The Chargeback Guarantee shall be valid for period of six (6) months from the date of the approval notice.
• Disputing Party. Orders for which Client does not make Payment Service Provider the first and primary point of contact for disputing the chargeback through Client’s payment gateway and/or bank.
• Reclamation of Goods by Client. Order for which Client is successful in reclaiming the goods. In such case, the Chargeback Guarantee amount shall be limited to the order shipping costs.
• Failure to Provide Notice. Podium reserves the right to decline to reimburse for chargebacks if Client fails to timely comply with its notice obligations or any other terms herein.
• Prohibited Industries. Orders related to a Prohibited Industry.
4.2.5. Basic Fraud Review Orders. For the avoidance of doubt, Basic Fraud Review Orders are not subject to the Chargeback Guarantee.
4.3. Order Review. You may, in your sole discretion, approve or reject an Order. Podium may choose not to review a Submitted Order if (i) the Order was already fulfilled by you; (ii) more than one (1) week has passed since the Order was created; (iii) the Client Data or a portion thereof does not meet the standards set by the Payment Service Provider; (iv) the Order contains data related to Prohibited Industries; or (v) the Order does not include a physical product or is an order for services.
4.3.1. Order Information Modification. You agree and acknowledge that each update of Order details, which includes but is not limited to updating the shipping and billing Customer name or address, Customer email, order amount or payment details, submitted after the issuance of an approve notice, will result in the Order being submitted for additional review and you may be charged the applicable fee for any such updated details.
4.4. Reason Codes. Payment Service Provider covers any and all chargebacks that are of card not present “unauthorized credit card use”. The below reason codes shall be deemed to be automatically updated, without amendment hereto, to reflect changes made by the credit card networks and will automatically apply to the Service as of the date of such change.
4.4.1. Visa
• 10.1: EMV Liability Shift Counterfeit Fraud (Online Only)
• 10.4: Other Fraud – Card Absent Environment
4.4.2. MasterCard
• 4837/37: Fraud Transaction No Cardholder Authorization
• 4840/40: Fraudulent Processing of Transactions
• 4863/63: Cardholder Does Not Recognize Potential Fraud
4.4.3. American Express
• FR2: Fraudulent Transaction
• F29: Fraudulent Transaction – Card Not Present
4.4.4. Discover
• UA02: Fraud Card Not Present Transaction
• AA: Transaction Does Not Recognize
• 7030: Unauthorized purchase
5. DATA USE.
5.1. In addition to the Client’s obligations under the Podium Terms of Service, Client agrees that where Client provides or makes available to Podium or the Payment Service Provider any Client Data (including without limitation, Personal Data about Customers) in connection with Client’s use of the Payment Services, Client grants Podium, Payment Service Providers, and their respective affiliates the worldwide, non-exclusive, royalty-free, perpetual, fully-paid-up, and irrevocable, right to (i) to collet, use, retain, transfer and disclose Client Data (including to Podium and Payment Service Provider’s third party service providers) in order to provide the Payment Services to Client and (ii) to enable Payment Service Provider to use Client Data to: (a) provide the Payment Services Provider’s services to Payment Service Provider’s and its affiliates other clients; (b) mitigate fraud, financial loss, or other harm; (c) analyze and improve, and incorporate Client Data into, the Payment Service Provider’s products, systems, and tools. Any information, including Personal Data, provided by Client in connection with the Payment Services or Payment Provider Account will be subject to the Payment Service Provider’s Privacy Policy, available at https://stripe.com/privacy and https://www.riskified.com/privacy/ as may be amended from time to time.
5.2. Podium and Payment Service Provider may disclose Client Data pursuant to a data subject access request or consumer data request as required by applicable law, provided that to the extent permitted under applicable law, Podium notify Client of any such disclosure. Notwithstanding anything herein to the contrary, Podium and the Payment Service provider shall be permitted to retain and use Client Data (to the extent such use is permitted under these Payment Service Terms) associated with a chargeback after the expiration or termination of your applicable Subscription Documentation. Solely for purposes of the California Consumer Privacy Act of 2018, Cal. Civil Code § 1798.100 et seq. (as may be amended from time to time) (the “CCPA”), (i) Podium is acting as a Service Provider (as defined in the CCPA) for Client as a Business (as defined in the CCPA), (ii) except as set forth herein, Podium is prohibited from selling the Client Data or retaining, using, or disclosing the Client Data for any purpose other than for the specific purpose of performing the Payment Services, (iii) Client hereby instructs Podium that the Business Purpose includes Podium (and Payment Service Providers) using and retaining the Client Data internally for the benefit of all of Payment Service Provider’s clients for detecting fraud, optimizing e-commerce solutions and similar performance enhancing purposes and (iv) Podium understands and will comply with the restrictions herein.
6. CLIENT OBLIGATIONS.
6.1. Representations and Warranties. Client warrants and represents that it: (i) will comply with the Payment Service Provider Agreement; (ii) will ensure that its employees, contractors and agents will at all times comply with the terms of this Agreement and Payment Service Provider Agreement, as applicable; (iii) will only use the Payment Services for bona fide commercial Transactions with its Customers; (iv) shall be responsible for managing Client’s relationship with its Customers, including communication, selling and providing products and services, and handling any disputes or returns with such Customers; (v) if applicable, shall be responsible for providing all notices and obtaining all consents as required under applicable federal and state auto-renewal regulations and any other applicable laws or regulations in connection with recurring payments; (vi) will follow industry best practices for fraud prevention; and (vii) will implement reasonable fraud controls and dispute prevention procedures applicable to its business. You affirm that you are solely responsible for the nature and quality of the products or services you provide and for the delivery, support, refunds, returns and any other ancillary services you provide to your Customers.
6.1.1. Client represents and warrants that it: (i) has obtained necessary consent from the Customers in order for Podium and the Payment Service Providers to use Client Data in accordance with these Payment Service Provider Terms, (ii) has provided notices to Customers, as required under applicable law, (iii) if applicable, has obtained consent from Customers to use automated decision making, (iv) has provided Customers with the ability to exercise any access rights as required under applicable law, and (v) complies with any requirements or limitations regarding the processing of Personal data and data of minors, in each case, to the extent required under applicable law.
6.2. Unauthorized Activity. Client is responsible for any activity initiated using Client’s Payment Service Provider Account credentials. Where either Podium or Payment Service Provider incurs any losses based on unauthorized activity initiated by Client or on Client’s behalf, Client is financially liable for such losses. Payment Service Provider may deduct such losses from Client’s Payment Service Provider Account, or Podium may require Client to pay such losses. 6.3. Disputes. Except as expressly set forth in Section 4 above, Client shall remain financially liable to Podium and, if applicable, the Payment Service Provider for Disputes (including chargebacks), refunds, and any fines that arise from Client’s use of the Services. 6.4. Offset Right. Notwithstanding any other provision set forth herein, Client agrees to pay all amounts owed to Podium and our affiliates. Client further agrees that Podium may collect any amounts owed to us under this Agreement by reducing the amount of any payment otherwise payable to Client or on its behalf, or by deducting the amount Client owes from its account balance.
7. REQUIREMENTS, LIMITATIONS AND RESTRICTIONS
7.1. You must use the Payment Services in a lawful manner, and must obey all laws, rules, and regulations (“Laws”) applicable to your use of the Payment Services and your Payment Service Provider Account(s). 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.
7.2. You may not use the Payment Service Provider Account(s) to enable any person (including you) to benefit from any activities Payment Service Provider has identified as Prohibited Industries. If you are uncertain whether a category of business or activity is restricted or have questions about how these restrictions apply to you, please contact Podium.
7.3. You may not use the Payment Service Provider Account(s) to facilitate illegal Transactions or to permit others to use the Payment Service Provider Account(s) for personal, family or household purposes. In addition, you may not allow, and may not allow others to: (i) access or attempt to access non-public Payment Service Provider systems, programs, data, or services; (ii) copy, reproduce, republish, upload, post, transmit, resell, or distribute in any way, any data, content, or any part of the Payment Service Provider Account, documentation, or Payment Service Provider’s website except as expressly permitted by applicable Laws; (iii) act as service bureau or pass-through agent for the Payment Service Provider Account with no added value to your Customers; (iv) transfer any rights granted to you under the Payment Service Provider Agreement; (v) work around any of the technical limitations of the Payment Service Provider Account or enable functionality that is disabled or prohibited; (vi) reverse engineer or attempt to reverse engineer the Payment Service Provider Account except as expressly permitted by Laws; (vii) perform or attempt to perform any actions that would interfere with the normal operation of the Payment Service Provider Account or affect use of the Payment Service Provider Account by Payment Service Provider’s other users; or (ix) impose an unreasonable or disproportionately large load on the Payment Service Provider Account.
7.4. Podium may suspend or limit your access to and/or use of the Services if Podium believes, in its discretion, that: (i) you are ineligible for the Service because of a significant fraud or credit risk; (ii) you have used the Services in a prohibited manner or otherwise have failed to comply with any provision of this Agreement; or (iii) your account is being used for Transactions that expose you, Podium or others to risks unacceptable to Podium.
8. FEES.
8.1. In addition to any other Fees due to Podium under the Subscription Documentation, Client shall pay a fee assessed on a per Transaction basis (“Transaction Fee”) and a fee for use of the Fraudulent Transaction Review and any additional Fees for additional features within the Payment Services which may be made available by Podium from time to time, such Fees payable in accordance with the Podium Terms of Service. Information relating to our current fees is available at https://pay.podium.com/current_fees. In addition to the Transaction Fee, the Payment Service Provider may collect a fee for activity conducted via your Payment Service Provider Account. You agree that the Payment Service Provider will have the right to deduct both its fees and the applicable Podium Fees (including the Transaction Fee) from your Payment Service Provider Account, in accordance with the Payment Service Provider Agreement.
9. LIMITATIONS ON PODIUM’S LIABILITY
9.1. Podium is not responsible for the acts or omissions of any Payment Service Provider or any other financial services provider in providing services to Client or Client’s Customers, or for any non-compliance by Payment Service Provider with the terms of the Payment Service Provider Agreement. Podium is also not responsible for Client’s obligations to its Customers (including properly describing and delivering the goods or services being sold to Customers). You are solely responsible for, and Podium expressly disclaims all liability for, your compliance with applicable laws and obligations related to your provision of the goods or services to your Customers. This may include providing customer service, notification and handling of refunds or Customer complaints, provision of receipts, registering your legal entity, or other actions not related to the Services. You agree to indemnify Podium for any losses we incur based on your failure to properly describe or deliver goods or services, or comply with your legal or contractual obligations to Podium, Payment Service Provider or your Customers.

Last Updated: November 25, 2020

Old Acceptable Use Policies

Podium Acceptable Use Policy - 11/25/2019

Lasted Updated:November 25, 2019

This Acceptable Use Policy (the “Policy”) sets out the rules applicable to your use of the Podium Corporation, Inc. (“Podium”, “we”, “us” or “our”) services, including via our customer’s websites or platforms (the “Services”). The examples described in this Policy are not exhaustive.

This Policy should be read in conjunction with the Podium Terms of Service into which it is incorporated by reference. We may suspend, terminate or take other interim action regarding your use of the Services, if, in our sole judgment, we believe you, directly or indirectly, violated this Policy or authorize or help others to do so.

We may modify this Policy from time to time by posting a revised version on our website podium.com. By using the Services, you agree to the latest version of this Policy.

Prohibited Content. You agree that you will not use the Services, or encourage, promote, facilitate or instruct others, to send messages that contain, offer, promote, reference or link to any information or content related to the following:

  • Solicitations or Advertising. Any unsolicited messages, promotions, advertising, or solicitations (like “spam”), including commercial advertising and informational announcements or otherwise.
  • Illegal, Harmful or Fraudulent Activities. Any activities that are illegal, that violate the rights of others, or that may be harmful to others, our operations or reputation, including disseminating, promoting or facilitating child pornography, offering or disseminating fraudulent goods, services, schemes, or promotions, make-money-fast schemes, ponzi and pyramid schemes, phishing, or pharming.
  • Infringing Content. Content that infringes or misappropriates the intellectual property or proprietary rights of others.
  • Offensive Content. Content that is harassing, defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable.
  • Harmful Content. Content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, or otherwise effect a security breach, including viruses, Trojan horses, worms, time bombs, or cancelbots.

Message Abuse. You will not send messages using bots or other automatic-messaging systems, alter or obscure mail headers, provide false identification, or assume a sender’s identity without the sender’s explicit permission.

Our Monitoring and Enforcement. We reserve the right, but do not assume the obligation, to monitor content on and sent through the Services and to investigate any violation of this Policy or misuse of the Services. We may remove or disable access to any user, content or resource that violates this Policy or any other agreement we have with you for use of the Services. We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate customer information. We may also cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this Policy.

Reporting Violations. If you become aware of any violation of this Policy, you will immediately notify us and provide us with assistance, as requested, to stop or remedy the violation.

Old Privacy Policies

Podium Privacy Policy - 06/05/2020

Podium Corporation, Inc. (“Podium”, “we”, and/or “us”) value the privacy of individuals who access or use Podium.com (https://vanbrunt.wpengine.com), including all of its related applications, dashboards, or platforms, who purchase any products from Podium, or who sign up for any services (“Services”). This privacy policy (“Privacy Policy”) explains how we collect, use, and share information or about any individual or entity who accesses or uses the Services (“client” or “you”) or their devices. By using our Services, you agree to the collection, use, disclosure, and procedures this Privacy Policy describes. Beyond the Privacy Policy, your use of our Services is also subject to our Terms and Conditions.

  1. INFORMATION WE COLLECT.

    We may collect a variety of information from or about you or your devices from various sources, as described below. If you do not provide your information when requested, you may not be able to use our Services if that information is necessary to provide you with our Services or if we are legally required to collect it.

    INFORMATION YOU PROVIDE TO US
    1. Registration and Profile Information. if you sign up for an account, register to use our Services, purchase our Products, or sign up to receive information about our Services, we ask you for your, or your client’s, first and last name, e-mail address, phone number, physical address, login information, and any other information we collect.
    2. Payment Information. When you add billing information or a credit card number to your account or make a purchase, we will use a third-party service provider to collect and store your payment information.
    3. Communications. If you contact us directly, we may receive additional information about you. For example, when you contact our Customer Support Team, we will receive your name, mobile phone number, the contents of a message, and any other information you choose to provide.
    4. Careers. If you decide that you wish to apply for a job with us, you may submit your contact information, your resume, and your cover letter online. We will collect the information you choose to provide on your resume and in your cover letter, such as your education and employment experience. You may also apply through LinkedIn. If you do so, we will collect the information you make available to us on LinkedIn.
    INFORMATION WE COLLECT WHEN YOU USE OUR SERVICES
    1. Location Information. When you use our Services, if you allow us, we will receive your precise location information. We also infer your more general location information (for example, your internet protocol (IP) address may indicate your more general geographic region.
    2. Device Information. We receive information about the device and software you use to access our Services, including IP address, web browser type, operating system version, phone carrier and manufacturer, application installations, device identifiers, mobile advertising identifiers, and push notification tokens.
    3. Usage Information. To help us understand how you use our Services and to help us improve them, we automatically receive information about your interactions with our Services, such as the ads you click on, pages or other content you view, the searches you conduct, purchases you make, your comments, and the dates and times of your visits.
    4. Information from Cookies and Similar Technologies. We and third-party partners collect information using cookies, pixel tags, or similar technologies. Our third-party partners, such as analytics and advertising partners, may use these technologies to collect information about your online activities over time and across different services. Cookies are small text files containing a string of alphanumeric characters. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to our Services.
      Please review your web browser’s “Help” file to learn the proper way to modify your cookie settings. Please note that if you delete or choose not to accept cookies from the Service, you may not be able to utilize the features of the Services to their fullest potential.
    5. Widget Information. Other websites may integrate Podium’s widgets (such as Podium Webchat). When you visit a site with a Podium widget embedded, we may receive certain information about you, including information about the web page you visited, your IP address, and other information about your device. Podium and the widget can recognize you across websites containing Podium’s widgets, and the widget may be used to show personalized content or advertising. We know when you interact with a widget, and websites containing the widgets may receive this information.
    6. Text Information. We may facilitate text messages between you and your customers. In the process, we may receive information about these communications, such as the date and time of the SMS message, the parties’ phone numbers, and the content of any SMS messages.
    7. User feedback. We receive information about review and surveys and give clients information about ratings and reviews.
    INFORMATION WE RECEIVE FROM THIRD PARTIES
    1. Information from Third Party Services. If you choose to link our Services to a third-party account, we may receive information about you, including your profile information, photo, and use of the third-party account.
    2. Other Third Parties. We may receive additional information about you from third parties such as data or marketing partners and combine it with other information we have about you.
  2. HOW WE USE THE INFORMATION WE COLLECT
    We use the information we collect:
    1. To provide, maintain, improve, and enhance our Services;
    2. To communicate with you, provide you with updates and other information that you request, respond to comments and questions, and otherwise provide customer support;
    3. To personalize and improve your experience on our Services, such as presenting tailored content;
    4. For marketing purposes, such as customizing and communicating informational or product offerings, promotions, and advertising materials that may be useful, relevant, valuable or otherwise of interest to you;
    5. To send you text messages and push notifications;
    6. To facilitate transactions and payments;
    7. To de-identify and aggregate information collected through the Services and use it for any lawful purpose;
    8. To find and prevent fraud, and respond to trust and safety issues that may arise;
    9. For compliance purposes, including enforcing our Terms and Conditions or other legal rights, or as may be required by applicable laws and regulations or as requested by any judicial process or governmental agency; and
    10. For other purposes for which we provide specific notice at the time the information is collected.
  3. HOW WE SHARE THE INFORMATION WE COLLECT

    We may share or otherwise disclose information we collect from or about you as described below or otherwise disclosed to you at the time of the collection.

    1. Affiliates. We may share any information we receive with our affiliates and partners for any of the purposes described in this Privacy Policy.
    2. Vendors and Service Providers. We may share any information we receive with vendors and service providers retained in connection with the provision of our Services.
    3. Other Users. Our Services are social services in which you can find, enjoy, and share content. Your name, username, and other profile information will always be viewable and searchable by other users. The content you post to the Services will be displayed on the Services and viewable by other users by default. Although this content is public by default, below in the “Community Features” section of this Privacy Policy, we describe the controls that you can use, along with other relevant settings associated with your account, to limit the sharing of certain information. We are not responsible for the other users’ use of available information, so you should carefully consider whether and what to post or how you identify yourself on the Services.
    4. Third Party App Integrations. If you connect a third-party application to our Services, we may share information with that third party.
    5. Advertising Partners. We work with third party advertising partners to show you ads that we think may interest you. These advertising partners may set and access their own cookies, pixel tags and similar technologies on our Services and they may otherwise collect or have access to information about you which they may collect over time and across different online services. Some of our advertising partners are members of the Network Advertising Initiative (http://optout.networkadvertising.org/?c=1#!/) or the Digital Advertising Alliance (http://optout.aboutads.info/?c=2&lang=EN). If you do not wish to receive personalized ads, please visit their opt-out pages to learn more about how you may opt out of receiving web-based personalized ads from member companies. You can access any settings offered by your mobile operating system to limit ad tracking or you can install the AppChoices mobile app to learn more about how you may opt out of personalized ads in mobile apps.
    6. Analytics Partners. We use web analytics services such as Google Analytics to collect and process certain analytics data. These services may also collect information about your use of other websites, apps, and online resources. You can learn about Google’s practices by going to https://www.google.com/policies/privacy/partners/, and opt-out of them by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.
    7. Social Networking Platforms and Other Online Services. Our Services allow you to, upon your direction, share information with social networking services, such as Facebook, Instagram, and Yelp. You understand and agree that the use of your information by any social networking websites will be governed by the privacy policies of these third-party platforms and your settings on that platform. We encourage you to review their privacy policies.
    8. Marketing. We may disclose your information to nonaffiliated third parties for their direct marketing purposes. If you would like to opt out of such disclosures, please contact us at [email protected].
    9. As Required by Law and Similar Disclosures. In cooperation with governmental authorities and in our sole discretion, we may access, preserve, and disclose information about you if we believe it is necessary or appropriate to: (a) comply with law enforcement requests and legal process, such as in connection with a court order or subpoena; (b) respond to your requests; or (c) if we believe a disclosure of such information is necessary to protect your, our, or other’s property, rights, or safety. For the avoidance of doubt, the disclosure of information about you may occur if you post any objectionable content on or through the Services.
    10. Sale, Acquisition, Merger or Other Asset Transfers. We may disclose and transfer information about you to service providers, advisors, potential transactional partners, or other third parties in connection with the consideration, negotiation, or completion of a corporate transaction in which we are acquired or merged with another company or we sell, liquidate, or transfer all or a portion of our business or assets.
    11. Consent. We may also disclose information from or about you or your devices with your permission.

  4. INTERNATIONAL VISITORS

    Our Services are hosted in the United States. If you choose to use the Services from the European Union or other regions of the world with laws governing data collection and use that may differ from United States law (see Section 5 below for specific information relating to Australian Users), then please note that you are transferring your personal information outside of those regions to the United States for storage and processing. Also, we may transfer your data from the United States to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating the Services. Your providing of information, including personal information, on or to the Services constitutes your consent to such transfer, storage, and processing.


  5. AUSTRALIAN USERS

    If you are an Australian user accessing or using Podium from Australia, the Privacy Act 1988 (Cth) and the Australian Privacy Principles contained in the Privacy Act 1988 (Cth) (“APP”) applies to personal information collected or held by Podium or its Affiliates with an “Australian link” (within the meaning of the Privacy Act). In addition, Podium is committed to complying with other applicable Commonwealth, State or Territory privacy and data protection laws and regulations.

  6. CALIFORNIA USERS

    If you are a California resident who has provided your personal information to us, you may tell us not to share certain categories of personal information with third parties for their direct marketing purposes. To make such a request, please submit a request here. If you have registered with us, you may request that we delete your information in your account by contacting us. We will make commercially reasonable efforts to delete such information upon request. We may archive all or some of your information as we believe may be required by law or for legitimate business purposes.


  7. CHILDREN’S PRIVACY

    We do not knowingly collect, maintain or use personal information from children under 13 years of age, and no part of our Services are directed to children. If you learn that a child has provided us with personal information in violation of this Privacy Policy, then you may alert us at [email protected].

  8. YOUR CHOICES
    1. Community Features. The Services may include sharing features, review submission features, chat areas, e-mail functions, messaging services, file communities, polls, surveys, and other services (collectively, the “Community Features”). We provide these Community Features subject to the Terms and Conditions. By using any of the Community Features, you acknowledge and agree that information you post or otherwise make public may be available to the public.
    2. Location Information. You can prevent your device from sharing precise location information at any time through your device’s operating system settings.
    3. Marketing Communications. You can unsubscribe from our promotional emails via the link provided in the emails. Even if you out-out of receiving promotional messages from us, you will continue to receive administrative messages from us.
    4. Do Not Track. There is no accepted standard on how to respond to Do Not Track signals, and we do not respond to such signals.

    If you choose not to provide us with information we collect, some features of our Services may not work as intended.

  9. THIRD PARTIES

    Our Services may contain links to other websites, products, or services that we do not own or operate. We are not responsible for the privacy practices of these third parties. Please be aware that this Privacy Policy does not apply to your activities on these third-party services or any information you disclose to these third parties. We encourage you to read their privacy policies before providing information to them.

  10. SECURITY

    Podium values the security of your information. We have implemented reasonable security measures that are designed to protect the information we maintain. However, as our Services are hosted electronically, we can make no guarantees as to the security or privacy of your information.

  11. UPDATE YOUR INFORMATION OR POSE A QUESTION

    You can update your account and profile information through your profile settings. If you have questions about your privacy on the Services or this Privacy Policy, please contact us at [email protected].

  12. CHANGES TO THIS PRIVACY POLICY

    We will post any adjustments to the Privacy Policy on this page, and the revised version will be effective when it is posted. If we materially change the ways in which we use or share personal information previously collected from you through the Services, we will notify you through the Services, by email, or other communication.

  13. CONTACT INFORMATION

    If you have any questions, comments, or concerns about our processing activities, please email us at [email protected] or write to us at 1650 W Digital Drive, Lehi, Utah 84043.

    Last Updated: June 5, 2020