Merchant Terms of Service
We designed this document to clarify certain terms and convey how we may access, collect, use and share data collected at the point-of-sale, and from other sources including in-store, and/or from systems under the control of the merchant or approved third parties including but not limited to datacenters, cloud providers or third party hosting companies as may be the case.
“Personal information” means any information that can be used to personally identify your customers. This does not include any information that has been aggregated or made anonymous. When consumers make purchases with merchants that use the ad2pos platform, ad2pos may keep records of the transaction and transaction history.
“Transaction data” includes information typically conveyed on a receipt including; name of establishment, store number, address, city, state, zip code, country code, telephone number, fax number, web address, cashier, date and time of transaction, contents of transaction, amount of transaction, type of tender, type of credit/debit card used if relevant, all or partial credit/debit card number, customer loyalty number if any, receipt number and other information that ad2pos may utilize in the provision of its services and offerings.
“Automatically Collected Information”: ad2pos may automatically record certain information including the dates, times, location and other details about, and/or related to, transactions, transaction data and other information. “Access to Data and Systems”: Merchant hereby grants ad2pos access to all relevant data and systems so that ad2pos may provide its services and offerings to its clients and partners. Should access to data and systems under the control of merchant, or a merchant approved third party, be restricted, denied or otherwise unavailable, it is understood that the ad2pos services and/or offerings may become significantly diminished or unavailable. “Ad inventory” is the space allotted on paper receipts, electronic receipts, customer displays, and other media that may become available, for the display of content including text, graphics, video, audio and/or links to destinations outside of the ad2pos network and beyond the control of ad2pos.
Content served via the ad2pos platform on to ad inventory supplied by merchant is provided by third parties and is not reviewed or approved by ad2pos, Inc. ad2pos is not responsible for the audio, video, text, graphics or other content displayed, nor any links to external content, and shall not be held liable for content that may be considered objectionable, defamatory, slanderous, prohibited, or in violation of copyright, trademark or other laws as may be applicable.
In the event content is found to be objectionable, defamatory, slanderous, prohibited, or in violation of copyright, trademark or other laws as may be applicable, merchant shall notify ad2pos in writing, and ad2pos shall be given the opportunity address the matter within a reasonable period of time.
In the event content is found to be objectionable, defamatory, slanderous, prohibited, or in violation of copyright, trademark or other laws as may be applicable, and results in civil litigation, or the threat of civil litigation, or possible criminal charges, ad2pos shall be held harmless for any actual or consequential damages, by both the merchant and advertiser, or advertiser agent, and/or any other third party responsible for providing the content in question.
Furthermore, Merchant agrees that any dispute, controversy or claim arising out of or relating in any way to this agreement and its relationship with ad2pos, including without limitation any dispute concerning construction, validity, interpretation, enforceability or breach of these Terms of Service or the relationship between the Parties, shall be exclusively resolved by binding arbitration upon a Party’s submission of the dispute to arbitration. In the event of a dispute, controversy or claim arising out of or relating in any way to the relationship between the Parties, the complaining Party shall notify the other Party in writing thereof. Within thirty (30) days of such notice, management level representatives of both Parties shall attempt to resolve the dispute in good faith. Should the dispute not be resolved within thirty (30) days after such notice, the complaining Party shall seek remedies exclusively through arbitration. The demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after two years from when the aggrieved party knew or should have known of the controversy, claim, dispute or breach.
This agreement to arbitrate shall be specifically enforceable. A Party may apply to any court with jurisdiction for interim or conservatory relief, including without limitation a proceeding to compel arbitration.
The arbitration shall be conducted by a minimum of one arbitrator. If the Parties are not able to agree upon the selection of an arbitrator, within twenty days of commencement of an arbitration proceeding by service of a demand for arbitration, the arbitrator shall be selected by the American Arbitration Association, or a state/federal court judge in Ohio shall select the arbitrator in accordance with the terms of this agreement.
ad2pos MAKES NO REPRESENTATION OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY SERVICES OR CONTENT PROVIDED VIA THE ad2pos PLATFORM, OR WITH RESPECT TO ANY PRODUCTS OR SERVICES PURCHASED, OR SUPPLIED BY, MERCHANTS AFFILIATED WITH ad2pos, INC. ad2pos may utilize transaction data to determine a minimum price for ad inventory, which may be the starting point for a programmatic auction which may increase the price paid by an advertiser for said ad inventory.
It is understood that not all transactions will result in a programmatic auction between two or more bidders.
In the event that no more than a single bidder is bidding on any given inventory, or no bidder is bidding on the inventory, ad2pos reserves the right, at its sole discretion, to provide the inventory at or below the established minimum, or at no cost, or not at all.
Payment of a percentage of the fees collected by ad2pos, i.e., a commission, to merchant for content that is displayed on merchant’s inventory, is variable and at the sole discretion of ad2pos. ad2pos reserves the right to require that a minimum amount of commission is due to merchant prior to issuing payment.
ad2pos reserves the right to audit merchant and merchant ad inventory, as defined above, to ensure that content, whether in physical or electronic form, is being displayed appropriately.
ad2pos reserves the right to withhold or cancel payment of commissions due to merchant, in whole or in part, if it is determined that content has not be displayed or has been displayed in a manner that renders it ineffective in conveying advertisers’ ads or messages. For example, if systems are not adequately maintained and content is rendered faded, blurry, or otherwise unintelligible, or systems, including receipt printers and/or customer displays, have been disengaged, are not functioning properly or are positioned in a manner that limits or eliminates visibility.
ad2pos shall be held harmless by merchant, advertiser, or advertiser agent, and/or any other third party, for any actual or consequential damages that result from the operation, implementation or maintenance of the ad2pos service.
“User Provided Information”: Upon executing a transaction with an ad2pos affiliated merchant, the merchant and ad2pos may collect the personal information volunteered by consumers, for example, name, address and email address. Other demographic and current and historical transaction data may be collected, and ad2pos may store the data it receives about the consumer and the consumer’s purchases and purchase history. ad2pos may also use certain information about the consumer, without identifying the consumer as an individual, in conjunction with third parties or utilizing third party technologies or services. ad2pos may do this for purposes such as enabling advertisers to personal content.
ad2pos may use the information that you provide, or that is collected, to operate, maintain, enhance, and provide the ad2pos services and offerings to other ad2pos affiliated merchants, partners, and clients, including advertisers, ad networks, ad exchanges, and/or other third parties. We may share information collected with third parties to enhance the value and relevance of your customers’ experience. We may also rely on some of our affiliates to support of our offerings, including the serving of audio, video, text and graphical content to receipts, customer displays, electronic receipts and/or other media. Our affiliates are required to preserve the confidentiality of any personal information they may access.
“Marketing”: We may use your name, brand, logo and transaction data to present information about our services and offerings to other merchants, partners, clients, and relevant third parties, or to market sponsored events, products or services that we believe may be of interest.
Your transaction history and location may be used to generate general statistics about purchasing behavior of a population, in order to provide better services. We may use or distribute this aggregated data without your consent.
“Remarketing”: Third-parties may utilize the data we provide in order to market products and services directly to your customers either directly or through the ad2pos platform.
“Legal Compliance”: We may also disclose information where we are required to do so by law, for example, in response to a court order or a subpoena. To the extent permitted by applicable law, we also may disclose information in response to a law enforcement agency or other public agency request, or if we feel that such disclosure may prevent the instigation of a crime, facilitate an investigation related to public safety, protect the security or integrity of our websites, systems, and infrastructure, or enable us to take precautions against liability.
“Data Security”: We maintain our data in a secure server environment. We have implemented certain appropriate security measures to help protect personal information and other data from accidental loss and from unauthorized access, use, or disclosure. However, please note that we cannot guarantee that unauthorized persons will always be unable to defeat our security measures.
Also, please note that we may store and process information in systems located outside of your home country. However, regardless of where storage and processing may occur, we take appropriate steps to ensure that your information is protected, consistent with industry standard best practices and the principles of our firm.
The following provisions apply to users outside the United States:
You consent to having your data transferred to and processed in the United States and/or re-exported outside the United States.
In the event that ad2pos is acquired by or merged with a third-party entity, you hereby consent to transfer or assign the information that we have collected as part of that merger, acquisition, sale or other change of control, to the extent permitted by applicable law.
If our information practices change in a significant way, we will post the policy changes here. Changes to the Merchant Agreement will become effective when they are posted on this page. This Merchant Agreement was last updated on October 11, 2014.
Please forward complaints or comments to firstname.lastname@example.org. ad2pos, Inc. 3581 Meadowgate Ct., Pickerington, OH 43147