This Agreement was last modified on February 19, 2022

This copy of Applications ("the Software Product") and accompanying documentation is licensed and not sold. This Software Product is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. Better Trade or its subsidiaries, affiliates, and suppliers (collectively "Better Trade") own intellectual property rights in the Software Product. The Licensee's ("you" or "your", or “customer”) license to download, use, copy, or change the Software Product is subject to these rights and to all the terms and conditions of this End User License Agreement ("Agreement").

Acceptance

YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY SELECTING THE "ACCEPT" OPTION AND DOWNLOADING THE SOFTWARE PRODUCT OR BY INSTALLING, USING, OR COPYING THE SOFTWARE PRODUCT. YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE ALLOWED TO DOWNLOAD THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST SELECT "DECLINE" AND YOU MUST NOT INSTALL, USE, OR COPY THE SOFTWARE PRODUCT.

License Grant

This Agreement entitles you to install and use a copy of the Software Product. In addition, you may make one archival copy of the Software Product. The archival copy must be on a storage medium other than a hard drive, and may only be used for the re-installation of the Software Product.

Restrictions on Transfer

Without first obtaining the express written consent of Better Trade, you may not assign your rights and obligations under this agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Software Product.

Restrictions on Use

You may not decompile, "reverse-engineer", disassemble, or otherwise attempt to derive the source code for the Software Product. You may not use the database portion of the Software Product in connection with any software other than the Software Product.

Restrictions on Alteration

You may not modify the Software Product or create any derivative work of the Software Product or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of the Software Product. You may not reproduce the database portion or create any tables or reports relating to the database portion.

Restrictions on Copying

You may not copy any part of the Software Product except to the extent that licensed use inherently demands the creation of a temporary copy stored in computer memory and not permanently affixed on storage medium. You may make one archival copy which must be stored on a medium other than a computer hard drive.

Disclaimer of Warranties and Limitation of Liability

Unless otherwise explicitly agreed to in writing by Better Trade, Better Trade makes no other warranties, express or implied, in fact or in law, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose other than as set forth in this agreement or in the limited warranty documents provided with the software product.

Better Trade makes no warranty that the software product will meet your requirements or operate under your specific conditions of use. Better Trade makes no warranty that operation of the software product will be secure, error free, or free from interruption. You bear sole responsibility and all liability for any loss incurred due to failure of the software product to meet your requirements. Better Trade will not, under any circumstances, be responsible or liable for the loss of data on any computer or information storage device.

Under no circumstances shall Better Trade, its directors, officers, employees or agents be liable to you or any other party for indirect, consequential, special, incidental, punitive, or exemplary damages of any kind (including lost revenues or profits or loss of business) resulting from this agreement, or from the furnishing, performance, installation, or use of the software product, whether due to a breach of contract, breach of warranty, or the negligence of Better Trade or any other party, even if Better Trade is advised beforehand of the possibility of such damages. To the extent that the applicable jurisdiction limits Better Trade’s ability to disclaim any implied warranties, this disclaimer shall be effective to the maximum extent permitted.

Limitation of Remedies and Damages

Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the Software Product. Selection of whether to correct or replace shall be solely at the discretion of Better Trade. Better Trade reserves the right to substitute a functionally equivalent copy of the Software Product as a replacement. If Better Trade is unable to provide a replacement or substitute Software Product or corrections to the Software Product, your sole alternate remedy shall be a refund of the purchase price for the Software Product exclusive of any costs for shipping and handling.

Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by Better Trade to have been caused by you. All limited warranties on the Software Product are granted only to you and are non-transferable. You agree to indemnify and hold Better Trade harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.

Governing Law, Jurisdiction and Costs

This Agreement is governed by the laws of California, without regard to California's conflict or choice of law provisions.

Severability

If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.

Compliance With Privacy Laws

Better Trade makes the following additional commitments, representations, and warranties to you:

Better Trade will only process Customer Data and Personal Information on behalf of, and as Service Provider of, the Customer, and not collect, retain, use, or disclose that data for any purpose other than to perform the App Provider’s obligations under this Agreement, as permitted under CCPA and other applicable privacy and data protection laws (collectively, “Privacy Laws”). In no event will the App Provider “sell” (as defined by Privacy Laws) any such personal information.

Better Trade will not collect, use, retain, disclose, sell, or otherwise make Customer Data or Personal Information available for App Provider’s own commercial purposes or in a way that does not comply with the CCPA or other Privacy Laws.

Better Trade will limit personal information collection, use, retention, and disclosure to activities reasonably necessary and proportionate to provide the Services set forth in the Agreement or another compatible operational purpose.

Data Subject Rights - Assistance With Requests

Better Trade will reasonably cooperate and assist you with meeting your CCPA and Privacy Law compliance obligations and respond to CCPA-related inquiries, including responding to verifiable consumer requests, taking into account, the nature of Better Trade’s processing, and the information available to Better Trade. Better Trade will make available to you, in a manner consistent with the functionality of the Service and Better Trade’s role as a Service Provider of Personal Information of data subjects, the ability to fulfill data subject requests to exercise their rights under Privacy Laws.

If Better Trade receives a request from Customer’s data subject to exercise one or more of its rights under Privacy Laws in connection with the Services, Better Trade will redirect the data subject to make its request directly to you. You will be responsible for responding to any such request including, where possible, by using the functionality of the Services. Better Trade shall comply with reasonable requests to assist with your response to such a data subject request.

Better Trade must notify you immediately if it receives any complaint, notice, or communication that directly or indirectly relates either party's compliance with Privacy Laws relating to provisioning of the Services.

Contact Us

If you have any questions about this Agreement, please contact us at info@bettertrade.net

Privacy policy

Privacy Policy

This Privacy Notice was last amended on 02/05/2023.

Privacy Policy

Soleproprietor (Doing Business As Better Trade) values the privacy of individuals and is committed to protecting and respecting the information of visitors to the website and individuals or entities that register to use the products and services through www.bettertrade.net.

Consent

This Privacy Policy (‘Privacy Policy’) describes how Soleproprietor (“Better Trade,” “we,” or “us”) collects and uses information of visitors to the website and individuals or entities that register to use the products and services (“visitors,” “users,” or “you”) through www.bettertrade.net (the “Site”) and any of its subdomains, mobile applications, and related services (collectively, the “Services”).

By accessing or using any of our Services, you accept and signify your consent to the practices described in this Privacy Policy. If you do not agree with the policies and practices contained in this Privacy Policy, your choice is not to use this Site or the Services in connection with this Site.

How we use your information/data

Your personal information/data may be processed and used for the following purposes:

a. Compliance: to fulfill obligations provided by law and regulations.

b. Account Registration: to create an account with Better Trade.

c. Customer support services:  to provide you with a response to your questions (e.g., concerning apps and services).

d. Fulfilling Services: to provide the services pursuant to our agreement with you.

e. Marketing: to send marketing communications, e.g., news relating to our business, events, new products and services, and updates/news on existing products and services or, to conduct product-market research.

The personal information we collect

We collect personal information about individuals from various sources described below. Where applicable, we indicate whether and why individuals must provide us with personal data, as well as consequences of failing to do so.

A. Information that we collect from merchant's about their customers

Our merchants may provide us with information about their customers. This information may include uploaded email addresses, phone numbers, and purchase history, for instance when we manage promotions or marketing communications or perform other services on behalf of a merchant.

B. Information that we collect about Merchants and their personnel

We may collect personal information directly from merchants (including prospective customers) about themselves and their personnel. We may collect information from these parties in a variety of contexts, such as when completing one of our online forms, making an application for one of our products or services, interacting with us on social media, or corresponding with us. The types of information we obtain in these contexts include:

• Contact information of the business entity and its personnel who interact with us, such as name, job title, address, telephone number, and email address
• Profile information, such as username and password that an individual may establish on one of our websites or mobile applications, along with any other information that an individual enters into their account profile
• Demographic details, such as date of birth, country of citizenship and/or country of residence
• Information about individuals’ affiliation with a business entity.
• Feedback and correspondence, such as information you provide when you request information from us, receive customer support, or otherwise correspond with us, including by interacting with our pages on social networking online sites or services
• Information about merchants, such as merchant name, merchant ID.
• Marketing information, such as your preferences for receiving marketing communications, merchant surveys, and details about how you engage with our marketing communications

C. Information that we collect from private and publicly accessible sources

We and our service providers may collect information about individuals that is publicly available, including by searching publicly accessible media and the internet.

We may also maintain pages for our company and our products and services on a variety of third-party platforms, such as LinkedIn, Facebook, Twitter, Google+, YouTube, Instagram, and other social networking services. When individuals interact with our pages on those third-party platforms, the third-party’s privacy policy will govern your interactions on the relevant platform. If the third-party platform provides us with information about our pages on those platforms or your interactions with them, we will treat that information in accordance with this Privacy Notice.

Cookies and Third Party Technologies

User Information

We may collect user information (“user information”) from your browser or mobile device each time you access the Site or use the Services. User information may include anonymous information such as your web request, Internet Protocol (“IP”) address, browser type, information about your mobile device, referring/exit pages and URLs, domain names, landing pages, pages viewed, and other such information. When you access our Services by or through a mobile device, we may receive or collect and store a unique identification number associated with your device, mobile carrier, device type and manufacturer, phone number, and, depending on your mobile device settings, your geographical location data, including GPS coordinates or similar information regarding the location of your mobile device.

Cookies

Cookies are small files composed of letters and numbers that are downloaded onto your desktop computer, mobile or other handheld device when you access certain websites.

Cookies allow the Site to recognize a user’s device and help your browser navigate through the Site by allowing you to log in automatically by remembering settings you selected during earlier visits, among other functions. Cookies do not harm your computer.

We use cookies on the Site to collect statistical information about how visitors use our website, so we can improve the way the Site works and measure our success. By recording such statistics as browser usage, visitor location, operating system etc. we can measure and improve on how we manage and maintain our site, in order to provide a better visitor experience.

If you would like to manage your use of cookies then you can find out how to do so by visiting www.allaboutcookies.org.

Third Party Technologies

We do not sell personal information to anyone. We may work with agents, service providers, affiliates, or other third party providers which store and receive data, reports, and other user information sent by your browser or mobile device, including the pages you visit, your use of our Site, your use of third party applications, and other information that we may use to analyze and improve the Site or the Services. These third parties may use both temporary and persistent cookies. We do not have control over how third parties use your information. Please check their websites for information about how the third parties use your information.

Our Site or Services may contain links to third party websites. We are not responsible for the way third party websites collect or use your PII or user information. We encourage you to review the privacy policies of third party websites that you visit or use, including those you interact with through our Site or Services.

Information Sharing

We may disclose information we collect from you, or that you provide, to the following third parties:

Service Providers. We may share your PII or user information with providers who perform services on our behalf.

Business Partners. We may share PII or user information about you with business partners that provide services and functionality.

Legal Compliance. We may share PII or user information about you if we believe in good faith that disclosing information is necessary to comply with a valid legal process, governmental request, or applicable law; to investigate potential Terms of Service violations; to protect the rights of other users and visitors; or to detect and resolve fraud or security concerns.

Accessing and Updating Contact Information

Users can easily access, correct or update their contact information at any time by contacting us via email at info@bettertrade.net.

Unsubscribe from Marketing

We may use your PII to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. If you receive marketing e-mail messages from us and wish to opt-out of receiving such messages, then you may simply follow the opt-out procedure specified in such e-mail. All emails sent from the Site have unsubscribe links. If you have problems opting out of any list for any reason please contact us at info@bettertrade.net

Security

We use appropriate administrative, technical, organizational, and physical security measures to protect our users' and visitors' information and data against accidental or unlawful destruction, loss, and alteration, and against unauthorized disclosure and access. We use standard industry practices to protect PII, visitor and user information, including firewalls and SSL encryption.

Unfortunately, no data transmission or storage can be guaranteed to be 100% secure. While protecting your personal information is important to us, we cannot guarantee security of the information you transmit to us or host with us using our Site or Services.

Your Choices Regarding Your Information

Do Not Track

Certain web browsers may provide an option by which you may have the browser inform websites or internet services you visit that you do not wish to have PII or user information about your activities tracked by cookies or other persistent identifiers across time and across third party Internet websites, online or cloud computing services, online applications, or mobile applications. These are commonly called “do not track” signals.

Because we want to provide you with a personalized experience on the Service, we do not change our behavior based on a web browser’s Do Not Track signal.

Data Retention

At our discretion, we will retain all PII and user information that we collect. We retain PII and user information we collect from you where we have an ongoing legitimate business need to do so (for example, to provide you with the Services you have requested or to comply with applicable legal, tax or accounting requirements). Please contact us if you wish us to remove your PII or user information, at info@bettertrade.net

Location-Specific Information

If you have any concerns about the way we use your information or any questions about this Privacy Policy, please contact us.  We can be contacted via email at info@bettertrade.net.  

California

If you are a resident of California, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your PII by us to third parties for the third parties’ direct marketing purposes. This applies only to their activities within the State of California. To make such a request, please contact us at info@bettertrade.net

Additional information for European users

A. Controller and Data Protection POC

Better Trade. is the controller of your personal data for purposes of European data protection law. Better Trade has appointed a data protection POC who is responsible for overseeing questions in relation to this Privacy Notice. If you have any questions about this Privacy Notice, including any requests to exercise your legal rights, please contact the POC using the details set out below:

Attn: Data Protection Officer, Better Trade Email address: info@bettertrade.net

Postal address: PO Box 22984, San Diego, CA 92192

International Data Transfers

Visitor and user information may be transferred to, and processed in, countries other than the country in which they reside. Specifically, the Site and Services are hosted on servers located in the United States of America, and our third party service providers and partners may operate around the world. This means that when we collect visitor and user information, such information may be processed in any of these countries. If we make such a transfer, we will require that the recipients of your personal data provide data security and protection in accordance with applicable requirements of DGPR

Your Data Protection Rights

You have the right to access, correct, update or request deletion of the PII we collect about you. Please send such requests to info@bettertrade.net. You have the right to opt out of marketing communications we send you at any time.

We will respond to all requests from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.

In addition, if you reside in the European Economic Area or Switzerland, you also have the following rights:

You have the right to object to processing of your personal information, ask us to restrict processing of your personal information or request portability of your personal information. You can exercise these rights by contacting us at info@bettertrade.net.

If we have collected and processed your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.

You have the right to complain to the data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority. (Contact details for data protection authorities in the European Economic Area, Switzerland and certain non-European countries (including the US and Canada) are available here: http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm.

Children Under the Age of 16

The Site is not designed for use by children under the age of 16. We do not intentionally collect PII of any person under 16 years of age. If you suspect that someone under 16 years of age has provided PII to us, please contact us and we will remove that information from our records.

Notice of Changes

We reserve the right to change this Privacy Policy from time to time as necessary to reflect changing legal, regulatory or operational requirements. We will provide notification of the material changes to this Privacy Policy through the Website or email at least thirty (30) business days prior to the change taking effect.

If you have questions about or need further information concerning the legal basis on which we collect and use your personal information, please contact us at info@bettertrade.net.