UPDATED PUSHPAY USER TERMS

Do these terms apply to me?

The new Pushpay User Terms apply to all users of our services, including individuals and organizations.  There are certain additional terms that apply to you if you are a customer (e.g., the Additional Agreements for Organizations), or you are a developer integrating a third party product or service with Pushpay (e.g., the Developer Terms).  If you still aren’t sure whether you are an individual, organization or developer, click here for a more information.

Do I need to do anything to continue using Pushpay after the new terms take effect?

No.  Your continued use of Pushpay after the new terms take effect will also constitute acceptance of the new terms.  Otherwise, you are not required to take any action and you’ll be able to use Pushpay’s products as usual.

When will these new terms take effect for me?

If you are an existing user of our services prior to November 1, 2018, the new terms take effect December 1, 2018. For new users, the new terms take effect immediately.

Why has Pushpay changed the terms?

Our prior terms and conditions and privacy policy were in place for years and a lot has changed at Pushpay since then.  We’ve significantly enhanced our product offerings, capabilities and operations, and we have collected a great deal of customer feedback on our terms.  We consider the new terms to be a major improvement over the prior terms and conditions. We know legal terms can be dry to read, but this is important stuff and we encourage all users to read them.

My legal department would like to make changes to these new terms.  Is that okay?

Within Pushpay’s current price structure, we’re unable to make any changes to our standard terms. If you consider our pricing model and the costs of creating and managing individual agreements with each of our customers, you can begin to understand our position. Maintaining standard terms with all of our customers allows us to treat all our customers fairly and consistently and focus our resources on what’s most important to our customers, including delivery of world-class giving and engagement solutions, innovation, customization for our target market, and robust privacy and security.  Do keep in mind that the updated terms have been carefully authored with consideration for the wealth of user and customer feedback we have collected over the years to avoid the need for negotiation.

There may be some issues that are not covered here or on the rest of this page. If so, please feel free to contact us via email at legal@pushpay.com.

What can I do if I don’t like your new terms?

If you choose not to accept the updated terms, please make sure to discontinue use of Pushpay’s products and services before they take effect, but we’d really hate to see you go.

ADDITIONAL AGREEMENTS FOR ORGANIZATIONS

Do these terms apply to me?

The Additional Agreements for Organizations apply to organizations, not individuals (other than as representatives of their organization).  If you are a Pushpay customer, these terms apply to you. If you are still unsure whether you are an organization, click here for a more detailed description of what it means to be an organization.

My organization is a prospective customer and my legal department would like Pushpay to sign an NDA prior to discussing further or entering into any other contract with Pushpay.  Is that okay?

When you interact with us, whether as a prospect or a customer, we adhere to the data protection principles set forth in our User Agreement and Privacy Policy.  Further, we would not expect you to provide any personal data (other than basic, non-sensitive information for the contact person(s) for your organization) to us prior to contracting with us.  We design our platform with privacy and security in mind and maintaining standard terms, policies and practices around data protection allows us to focus resources on investing in what matters most, the privacy and security of the data we are entrusted with. For a general explanation of our policies around requested changes to our agreements and policies, please refer to the prior FAQ entitled “My legal department would like to make changes to these new terms.  Is that okay?”

PRIVACY AND GDPR

What’s changing with your Privacy Policy and how does it affect me?

Pushpay has released an update to our Privacy Policy which comes into effect starting on November 1, 2018. Our new policy is more user-friendly and addresses new data regulations (including GDPR). The most significant changes in the new policy are explained below:

• Introduction of Data Protection Principles: We’ve introduced data protection principles that we abide by and are passionate about, including Trust, Transparency and Security.
• Better navigation and user-friendly language. To make the policy easier to understand, we use clear, plain language and examples that illustrate our activities. We reformatted our privacy policy page with active links, so you can quickly find the information that matters most to you.
• More Detailed Explanations: We’ve included more details about important features of our services and when you connect your Pushpay account to third-party websites and platforms as well as our use of cookies.
• More control over your information. We make it easy for you to control the information you provide to us. Our policy explains how you can make choices about your information, and the measures we’ve put in place to keep your information secure.
• Customized Experiences: We clarified how we may provide you with customized experiences on Pushpay properties.  We also explain how you can choose to limit the use of your information.
• Privacy Shield Disclosures, GDPR and European Economic Area users’ rights.  We are committed to upholding the Privacy Shield Principles for EEA users, and we have certified under Privacy Shield Frameworks (for both EU-US and Swiss-US data transfers) to provide comfort to customers with EEA users that adequate protections are in place for data transfers outside of the EEA. We have updated the terms to reflect our Privacy Shield Certification and our adherence to Privacy Shield Principles for EEA users.

What happens in the event of a data breach?

While no SaaS or payments provider could provide you with 100% assurance that a data breach will not occur, we go to great lengths to protect the personal data entrusted to us.  In the event of a data breach caused by Pushpay, we would take all necessary steps to contain the breach and comply with all applicable laws, including any obligation on the part of Pushpay to notify affected persons.  We maintain cyber-liability insurance coverage to provide additional comfort that we can satisfy any Pushpay obligations that arise in connection with a data breach. For more information on our Security, please visit our Security Page.

Are third-party solutions (software, apps, etc.) that integrate with Pushpay covered by Pushpay’s privacy policy?

Third-party solutions’ policies and procedures are not controlled by Pushpay, and our Privacy Policy does not cover how they use your information. We encourage you to review the privacy policies of third parties before connecting to or using their applications or services to learn more about their privacy and information handling practices.

Does Pushpay process personal data (also known as personally identifiable information)?

Yes. We process personal data to provide our products and services and for other purposes as outlined in our Privacy Policy.

What is GDPR and what is Pushpay doing to comply?

GDPR stands for the General Data Protection Regulation and is effective as of May 25th, 2018. GDPR replaces national privacy and security laws that previously existed within the EU with a single, comprehensive EU-wide law that governs the use, sharing, transfer and processing of any personal data that originates from the EU.

Our policy is to respect all laws that apply to our business. We also appreciate that our customers may have requirements under GDPR that are directly impacted by their use of Pushpay products and services and we are committed to helping our customers stay in compliance with GDPR and their local requirements. As part of our commitment, we have updated our Privacy Policy, committed to adhere to the Privacy Shield Principles and certified under the Privacy Shield Framework (for both EU-US and Swiss-US data transfers).

What is the Privacy Shield and is Pushpay certified?

In order to legally transfer data outside of the EU, the GDPR requires such data be transferred in accordance with an “adequate transfer mechanism.” The Privacy Shield Program is a framework agreed to by the U.S. Department of Commerce and the European Commission that provides an “adequate transfer mechanism” for participating companies. Companies certifying to the Privacy Shield framework agree to apply specific privacy and security protections to personal data when it is transferred from the EU to the U.S. We know that the protection of personal data is important to our users, which is why we decided to participate in Privacy Shield as a way for us to demonstrate our commitment to global privacy standards and requirements.

Pushpay is Privacy Shield certified, meaning we have promised to follow transfer rules and practices as further described in the Privacy Shield framework. For more information, please see our Privacy Shield Certification.

Will Pushpay sign Standard Contractual Clauses (also known as Model Clauses)?

As noted above, we rely on the EU-U.S. Privacy Shield Framework as an adequate transfer mechanism for EU personal data. In October 2017, the European Commission reaffirmed the Privacy Shield framework as an adequate mechanism for the transfer of personal data from the EU to the U.S. In the event that Privacy Shield is overturned or deemed invalid by the European Commission, we will evaluate all available adequate transfer mechanisms.

Is Pushpay HIPAA compliant and will Pushpay sign a Business Associate Agreement?

Pushpay does not warrant HIPAA compliance.  Pushpay’s services are not intended to be used by HIPAA covered entities (health plans, health care clearinghouses, and health care providers) to transmit any health information.  Accordingly, we do not enter into Business Associate Agreements with HIPAA covered entities.

Who can I contact with questions regarding privacy?

Our products have been used by over a million users around the world. To provide scalable service to our users and customers, we have included GDPR compliance information in our updated Privacy Policy and have included answers to commonly asked questions on this page. We encourage you to review this page first, as you may find your topic of interest has been addressed. However, we also understand there are circumstances where it may help to connect with us directly. For more information, please contact our privacy team at privacy@pushpay.com.