Privacy Policy

Recurly Privacy Policy

Last Updated: March 5, 2024

We at Recurly, Inc. ("Company", "we", "us", "our") know that our users ("you," "your") care about how your personal information is used and shared, and we take your privacy seriously. Please read the following to learn more about our Privacy Policy. By visiting or using the www.recurly.com website (the "Website") or any other features, content, or applications offered by Company in connection therewith (collectively, the "Services"), you will be subject to the practices and policies outlined in this Privacy Policy.

If you have any questions or concerns please contact support@recurly.com.

If you reside in California, please click here to see the applicable state-specific section below.

If you reside in Virginia, Colorado, Connecticut, or Utah, please click here to see the applicable state-specific section below.

1. What Does This Privacy Policy Cover?

This Privacy Policy covers our treatment of information that relates to or could reasonably be associated with an individual (“Personal Information”) that we gather when you are accessing or using our Services. This policy does not apply to the practices of companies that we do not own or control, or to individuals that we do not employ or manage nor does it apply to Personal Information relating to our merchants’ customers that we process in the course of providing our billing and subscription management services. Such information is processed pursuant to our agreements with our merchants in our role as a processor.

We do not knowingly collect or solicit Personal Information from anyone under the age of 13 or knowingly allow such persons to register for our Services. If you are under 13, please do not attempt to register for the Services or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any Personal Information to us or on the Services. In the event that we learn that we have collected Personal Information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at support@recurly.com

We gather various types of Personal Information from our users, as explained more fully below. We may use this Personal Information to personalize and improve our services, to contact users, to fulfill your requests for certain products and services, to analyze how users utilize the Services, and as otherwise set forth in this Privacy Policy. We may share certain types of Personal Information with third parties, as described below. However, we do not rent or sell your information (other than certain web tracking that may be considered a sale under California law. Please see the California-specific section below to learn more).

Please note that Recurly’s website is not intended to collect or process health information protected under HIPAA unless you have a separate agreement with Recurly for HIPAA-covered services. Please do not use our Website to upload or process health information without prior written authorization from Recurly.

2. What Information Does Company Collect?

Information You Provide to Us

We receive and store any information you knowingly provide to us. For example, we collect Personal Information, including but not limited to, your name, title, company, email address, phone number, address, financial information and location. You can choose not to provide us with certain information, but then you may not be able to register with us or to take advantage of some of our features. We may anonymize your Personal Information so that you cannot be individually identified, and provide that information to our partners.
Information Collected Automatically

Whenever you interact with our Services, we automatically receive and record information on our server logs from your browser including your IP address, "cookie" information, and the page you requested. "Cookies" are identifiers we transfer to your computer or mobile device that allow us to recognize your browser or mobile device and tell us how and when pages and features in our Services are visited and by how many people. You may be able to change the preferences on your browser or mobile device to prevent or limit your computer or device's acceptance of cookies, but this may prevent you from taking advantage of some of our features. If you click on a link to a third-party website, such third party may also transmit cookies to you. This Privacy Policy does not cover third-party websites.
How We Use the Data We Collect From You

If you have provided us with a means of contacting you, we may use such means to communicate with you. For example, we may send you promotional offers on behalf of other businesses or communicate with you about your use of the Services. Also, we may receive a confirmation when you open a message from us. This confirmation helps us make our communications with you more interesting and improve our services. If you do not want to receive marketing communications from us, please indicate your preference by using the unsubscribe mechanism provided by the communication. Please note, however, that you will continue to receive legal notices and other important account information after you unsubscribe from our marketing list.

When we collect usage information (such as the numbers and frequency of visitors to the Website), we typically use this data in aggregate form, and not in a manner that would identify you personally, unless we are investigating an issue related to your use. For example, this aggregate data tells us how often users use parts of the Services, so that we can make the Services appealing to as many users as possible. We may also provide this aggregate information to our partners; our partners may use such information to understand how often and in what ways people use our Services, so that they, too, can provide you with an optimal experience.

We also occasionally share the data we collect from you with third parties. Please see Section 3 below for a more detailed description of the third parties we share your information with.

Please see the GDPR and state-specific sections of this privacy policy to read more comprehensive information on how we might use and share your Personal Information.
Google Analytics

We may use Google Analytics, a web analysis service provided by Google, together with other analytics services, in order to better understand your use of the Services and how we can improve them. Google Analytics collects information such as how often users visit a website, what pages you visit when you do so, and what other websites you used prior to coming to such website. Google Analytics collects only the IP address assigned to you on the date you visit a website, rather than your name or other directly identifying information. We do not combine the information collected through the use of Google Analytics with your Personal Information. Although Google Analytics plants a persistent cookie on your web browser to identify you as a unique user the next time you visit a website, the cookie cannot be used by anyone but Google. Google Analytics uses its cookie(s) and the information Google Analytics collects to track your online activities over time and across different websites when you use our Services, and other websites. Google’s ability to use and share information collected by Google Analytics about your visits to the Services are governed by the Google Analytics Terms of Service and the Google Privacy Policy. Google may utilize the data collected to track and examine the use of the Services, to prepare reports on its activities, and share them with other Google services. To more fully understand how Google may use the data it collects through the Services, please review “How Google Uses Information From Sites or Apps That Use Our Services” (located here).

We disclose your Personal Information with third parties as described in Section 2 and in this Section:

Affiliated Businesses and Third Party Websites We Do Not Control

In certain situations, businesses or third-party websites we are affiliated with may market or advertise products or services to you through the Services (either alone or jointly with us). You can recognize when an affiliated business is associated with such promotional activities because they will be identified in the related marketing and advertising materials, and we will share your Personal Information with that affiliated business only to the extent that it is related to such promotional activities. For example, we may partner with an affiliated business to produce a white paper. The affiliated business will be identified in the white paper, and if you elect to download the white paper through the Service, we will share the information you provide in connection with downloading the white paper with the affiliated business that helped us prepare the white paper. We have no control over the policies and practices of third party websites or businesses as to privacy or anything else, so if you choose to take part in any transaction or service relating to an affiliated website or business, please review all such business' or websites' policies.
Agents

We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you. Unless we tell you differently, our agents do not have any right to use the Personal Information we share with them beyond what is necessary to assist us.
Business Transfers

We may choose to buy or sell assets. In these types of transactions, customer information is typically one of the business assets that would be transferred. Also, if we (or our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, Personal Information would be one of the assets transferred to or acquired by a third party.
Protection of Company and Others

We reserve the right to access, read, preserve, and disclose any information that we reasonably believe is necessary to comply with law or court order; enforce or apply our conditions of use and other agreements; or protect the rights, property, or safety of the Company, our employees, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.

4. Is Personal Information About Me Secure?

We endeavor to protect the privacy of your Personal Information we hold in our records, but we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.

The Services may contain links to other sites. We are not responsible for the privacy policies and/or practices on other sites. When following a link to another site you should read that site's privacy policy.

5. What Personal Information Can I Access?

Our Services give you access to a broad range of information (including Personal Information) about your account and your interactions with the Service for the purpose of viewing and, in certain cases, updating or deleting that information. The information you can view, update, and delete may change as the Services change. If you have any questions about viewing or updating information we have on file about you, please contact us at support@recurly.com.

Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of Personal Information to third parties for such third parties' direct marketing purposes; in order to submit such a request, please contact us at support@recurly.com.

6. What Choices Do I Have?

You can always opt not to disclose information to use, but keep in mind some information may be needed to register with us or to take advantage of some of our special features.

You may request deletion of your information by emailing us at support@recurly.com. Please note that some information may remain in our records, for example in our archives, after your request of deletion of such information. We may use any aggregated data derived from or incorporate your Personal Information after you update or delete it, but not in a manner that would identify you personally.

7. Changes to This Privacy Policy

We may amend this Privacy Policy from time to time. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. If we make material changes in the way we use Personal Information, we will notify you by posting an announcement on our Website or sending you a message. You are bound by any changes to the Privacy Policy when you use the Services after such changes have been first posted.

European Users

If you are in the European Union ("EU"), Lichtenstein, Norway, or Iceland ( collectively the "EEA"), or in the United Kingdom ("UK"), you may have additional rights under the EU General Data Protection Regulation (the "GDPR") and applicable data protection law in the UK with respect to your Personal Data, as outlined below.

As used in this section, "Personal Data" generally means information that can be used to individually identify a person, and "processing" generally covers actions that can be performed in connection with your data such as collection, use, storage and disclosure.

If there are any conflicts between this section and any other provision of this Privacy Policy, the policy or portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this section or whether any of the following applies to you, please contact us at support@recurly.com.

Who Is the Data Controller?

Company is the controller of your Personal Data processed in connection with the Services. Note that we may also process Personal Data of our customers' end users or employees in connection with our provision of Services to customers, in which case we are the processor of Personal Data. If you are an end user or employee of one of our customers and would no longer like to be contacted by one of our customers that use our Services or you would like to access, correct, request deletion or exercise other rights with respect to your data, please contact the customer that you interact with directly.

What Personal Data Do We Collect From You?

We collect Personal Data about you when you provide such information directly to us, when third parties such as our business partners or service providers provide us with Personal Data about you, or when Personal Data about you is automatically collected in connection with your use of our Services.

Information we collect directly from you: We receive Personal Data directly from you when you provide us with such Personal Data, including without limitation the following:

First and last name
Company name, VAT number
Email address
Mailing address
Telephone number
Username
Account Code (can include email addresses)
Credit card and credit card CVV
Transaction and Billing Data

Information we receive from third party sources: Some third parties such as our business partners and service providers provide us with Personal Data about you, such as the following:

Account information for third party services: If you interact with a third party service when using our Services, such as if you use a third party service to log-in to our Services (e.g., Facebook Connect or Twitter OAuth), or if you share content from our Services through a third party social media service, the third party service will send us information about you, such as information from your public profile, if the third party service and your account settings allow such sharing. The information we receive will depend on the policies and your account settings with the third-party service.

Information we automatically collect when you use our Services: Some Personal Data is automatically collected when you use our Services, such as the following:

IP address
Device identifiers
Web browser information
Page view statistics
Browsing history
Usage information
Transaction information (e.g. transaction amount, date and time such transaction occurred)
Cookies and other tracking technologies (e.g. web beacons, pixel tags, SDKs, etc.). For more information, please review our Cookie Policy.
Location information (e.g. IP address, zip code)
Log data (e.g. access times, hardware and software information)

How Do We Use Your Personal Data? We process Personal Data to operate, improve, understand and personalize our Services. For example, we use Personal Data to:

Create and manage user profiles
Communicate with you about the Services
Process orders
Contact you about Service announcements, updates or offers
Provide support and assistance for the Services
Personalize website content and communications based on your preferences
Respond to user inquiries
Fulfill user requests
Comply with our legal or contractual obligations
Resolve disputes
Protect against or deter fraudulent, illegal or harmful actions
Enforce our Terms of Service

We process your Personal Data with your consent, to enable us to perform our contract with you and for the purposes of our "legitimate interests" or the legitimate interest of others, as further described below.

Contractual Necessity: We process the following categories of Personal Data to perform our obligations under our Terms of Service with you, which enables us to provide you with the Services. If you do not provide us with Personal Data that we need to perform our contract with you, you will not be able to use some or all portions of the Services that require such data.
- First and last name
- Email address
- Mailing address
- Credit card and credit card CVV
- Transaction and Billing Data
Legitimate Interest: We process the following categories of Personal Data when we believe it furthers the legitimate interest of us or third parties.
- First and last name
- Products, services, and marketing or similar materials that you have requested from us
- Email address
- Company name and/or employer
- Your communications with us
- Mailing address
- IP Address
Examples of these legitimate interests include:
- Operation and improvement of our business, products and services – for example, we analyze the way you interact with the Website (such as the links you click on and the pages you visit) in order to improve the design and layout of the Website and to streamline your entry of information on the Website (such as storing the contact information that you provide on the Website)
- Marketing of our products and services – including to send you demonstrations and similar information about our products and services that you request
- Provision of customer support
- Protection from fraud or security threats
- Compliance with legal obligations
- Completion of corporate transactions

We will not use your Personal Data for activities where the impact on you overrides our interests, unless we have your consent or those activities are otherwise required or permitted by law.

Consent: In some cases, we process Personal Data based on the consent you expressly grant to us at the time we collect such data. When we process Personal Data based on your consent, it will be expressly indicated to you at the point and time of collection.
Other Processing Grounds: From time to time, we may also need to process Personal Data to comply with a legal obligation, if it is necessary to protect the vital interests of you or other data subjects, or if it is necessary for a task carried out in the public interest.

How and With Whom Do We Share Your Data? We share Personal Data with vendors, third party service providers and agents who work on our behalf and provide us with services related to the purposes described in this Privacy Policy or our Terms of Service. These parties include:

Payment processors
Fraud prevention service providers
Ad networks
Analytics service providers
Marketing service providers
Staff augmentation and contract personnel
Hosting service providers
Co-location service providers
Telecommunications service providers

We also share Personal Data when necessary to complete a transaction initiated or authorized by you or provide you with a product or service you have requested. In addition to those set forth above, these parties also include:

Other users (where you post information publicly or as otherwise necessary to effect a transaction initiated or authorized by you through the Services)
Social media services (if you interact with them through your use of the Services)
Third party business partners who you access through the Services
Other authorized parties

We also share information with third parties when you have given us consent to do so (as indicated at the point such information is collected).

We also share Personal Data when we believe it is necessary to:

Comply with applicable law or respond to valid legal process, including from law enforcement, supervisory authorities or other government agencies
Protect us, our business or our users, for example to enforce our terms of service, prevent spam or other unwanted communications and investigate or protect against fraud
Maintain the security of our products and services

Furthermore, if we choose to buy or sell assets, Personal Data is typically one of the transferred business assets. Moreover, if we, or substantially all of our assets, were acquired, or if we go out of business or enter bankruptcy, Personal Data would be one of the assets that is transferred or acquired by a third party, and we would share Personal Data with the party that is acquiring our assets. You acknowledge that such transfers may occur, and that any acquirer of us or our assets may continue to use your Personal Data as set forth in this policy.

How Long Do We Retain Your Personal Data? We retain Personal Data about you for as long as reasonably necessary for the purposes described in this Privacy Policy or while we have a legitimate business need to do so in accordance with legal and additional compliance requirements. In some cases we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation.

If you have elected to receive marketing communications from us, we retain information about your marketing preferences until you opt out of receiving these communications and in accordance with our policies.

To determine the appropriate retention period for your Personal Data, we will consider the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorized use or disclosure of your Personal Data, the purposes for which we use your Personal Data and whether we can achieve those purposes through other means, and the applicable legal requirements.

Afterwards, we retain some information in a depersonalized or aggregated form but not in a way that would identify you personally.

What Security Measures Do We Use? We seek to protect Personal Data using appropriate technical and organizational measures based on the type of Personal Data and applicable processing activity. For example, we use encryption and tokenization to keep your Personal data secure.

What Rights Do You Have Regarding Your Personal Data? You have certain rights with respect to your Personal Data, including those set forth below. For more information about these rights, or to submit a request, please email support@recurly.com. Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is manifestly unfounded or excessive, if it jeopardizes the rights of others, or if it is not required by law. In some cases, we may also need you to provide us with additional information, which may include Personal Data, if necessary to verify your identity and the nature of your request.

Access: You can request more information about the Personal Data we hold about you and request a copy of such Personal Data.
Rectification: If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data.
Erasure: You can request that we erase some or all of your Personal Data from our systems.
Withdrawal of Consent: If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Data, if such use or disclosure is necessary to enable you to utilize some or all of our Services.
Portability: You can ask for a copy of your Personal Data in a machine-readable format. You can also request that we transmit the data to another controller where technically feasible.
Objection: You can contact us to let us know that you object to the further use or disclosure of your Personal Data for certain purposes.
Restriction of Processing: You can ask us to restrict further processing of your Personal Data.
Right to File Complaint: You have the right to lodge a complaint about Company's practices with respect to your Personal Data with the supervisory authority of your country or EU Member State.

Transfers of Personal Data: The Services are hosted and operated in the United States ("U.S.") through Company and its service providers, and laws in the U.S. may be less stringent than or otherwise different from the laws where you reside. By using the Services, you acknowledge that any Personal Data about you, regardless of whether provided by you or obtained from a third party, is being provided to Company in the U.S. and will be hosted on U.S. servers unless otherwise agreed to. Transfers of your Personal Data to Company to the United States are necessary to perform the agreement we have entered into, or are about to enter into, with you. Before July 16, 2020, we relied on our EU-U.S. Privacy Shield certification to transfer Personal Data that we receive from the EU and the UK to Company in the U.S. On July 16, 2020, the European Court of Justice ruled that the EU-U.S. Privacy Shield is no longer available for these data transfers. Before September 8, 2020, we relied on our Swiss-U.S. Privacy Shield certification to transfer Personal Data that we received from Switzerland to the U.S., but on September 8, 2020 the Swiss Federal Data Protection and Information Commissioner determined that the Swiss-U.S. Privacy Shield is no longer available for these data transfers. We continue to comply with the Data Privacy Framework Principles (formerly Privacy Shield Principles) described under the “Data Privacy Framework” section below as required by the U.S. Department of Commerce. Recurly’s DPA has already been updated to include standard contractual clauses, so customers can continue to transfer data to Recurly in compliance with the GDPR.

Data Privacy Framework: Company complies with the EU-U.S. Data Privacy Framework and the Swiss-U.S. Data Privacy Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and the United Kingdom and/or Switzerland, as applicable to the United States in reliance on the Data Privacy Framework (“DPF”). Company has certified to the Department of Commerce that it adheres to the DPF Principles with respect to such information. If there is any conflict between the terms in this privacy policy and the DPF Principles, the DPF Principles shall govern. To learn more about the DPF program, and to view our certification, please visit https://www.dataprivacyframework.gov/s/

Company is subject to the investigatory and enforcement powers of the Federal Trade Commission (“FTC”). As explained above, we sometimes provide Personal Data to third parties to perform services on our behalf. If we transfer Personal Data received under the DPF to a third party, the third party's access, use, and disclosure of the Personal Data must also be in compliance with our DPF obligations, and we will remain liable under the DPF for any failure to do so by the third party unless we prove we are not responsible for the event giving rise to the damage. For clarity, we are not currently relying on the DPF to transfer Personal Data to the United States. Instead, we rely on legally-provided mechanisms to lawfully transfer personal data across borders, including the European Commission-approved "Standard Contractual Clauses" or "Model Clauses" and the United Kingdom International Data Transfer Agreement.

Please contact us at support@recurly.com with any questions or concerns relating to our DPF Certification. If you do not receive timely acknowledgment of your DPF-related complaint from us, or if we have not resolved your complaint, you may also resolve a DPF-related complaint through JAMS, an alternative dispute resolution provider located in the United States. You can visit https://www.jamsadr.com/dpf-dispute-resolution for more information or to file a complaint, at no cost to you. Under certain conditions, you may also be entitled to invoke binding arbitration for complaints not resolved by other means.

What If You Have Questions Regarding Your Personal Data? If you have any questions about this section or our data practices generally, please contact us using the following information:

Name:
Recurly Compliance Team

Physical address:
201 Spear Street, Suite 1100
San Francisco, CA 94105

Email address for contact:
support@recurly.com

Data Protection Officer and contact information:⁴
dpo@recurly.com

Designated EU representative and contact information:³

EU: DP-Dock GmbH, Attn: Recurly Inc., Ballindamm 39, 20095 Hamburg, Germany

UK: DP Data Protection Services UK Ltd., Attn: Recurly Inc., 16 Great Queen Street, Covent Garden, London, WC2B 5AH, United Kingdom

www.dp-dock.com

E-Mail recurly@gdpr-rep.com

9. California Privacy Rights Data Subject Rights – California Residents

This portion of our Privacy Policy advises California residents of rights provided in the California Consumer Privacy Act, as amended by the California Privacy Rights Act of 2020 (“CCPA”) and how to exercise those rights by communicating with us. Please note, we will seek to verify your identity when we receive an individual rights request from you in order to ensure the security of your Personal Information. All terms not otherwise defined in this portion shall have the meanings as defined under the CCPA, along with any implementing regulations.

Categories and Sources of Personal Information Collected About You

In the 12-month period before the effective date of this Privacy Policy, we collected certain categories of Personal Information about you. These categories are identified and described below:

Identifiers such as real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.
Additional Personal Information described in Cal. Civ. Code Section 1798.80 such as signature, physical characteristics or description, telephone number, insurance policy number, bank account number, credit card number, debit card number, or any other financial information.
Commercial information, such as EIN number and company name, and transaction and billing data.
Internet or other electronic network activity information, such as browsing history, search history, and information regarding a consumer’s interaction with an internet website application, or advertisement.
Geolocation data.
Sensitive Personal Information, such as:
- Personal information that reveals: (1) a consumer’s Social Security, driver’s license, state identification card, or passport number; (2) a consumer’s account log-in financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account; or (3) a consumer’s precise geolocation information.

Categories of Sources from Which Personal Information is Collected

Company may have collected Personal Information about you from the following categories of sources:

Directly from you;
From your devices;
Your family and friends;
Our affiliates and subsidiaries;
Other companies, such as our service providers and vendors;
Government entities;
Social networks;
Data brokers;
Data analytics providers; and
Other available sources, such as public records.

Business or Commercial Purpose for Collecting Personal Information from Consumers

We may have collected Personal Information about you for the following business or commercial purposes:

To communicate with you about your use of our Services. This may include promotional offers, updates on our offerings, legal notices, important account information, and other items that may be relevant to you as a user of our Services.
To send you promotional offers on behalf of other businesses. If you do not wish to receive marketing communications, you may indicate your preference by using the “unsubscribe” mechanism provided by the communication.
We may disclose your Personal Information with affiliated businesses and third party websites. This allows them to market or advertise products or services to you through our Services.
To analyze how users are using our Services so that we can make improvements and provide you with an optimal experience. We use aggregate data to accomplish this analysis.
To allow our agents to perform tasks on our behalf to provide products and services to you.
As part of a business transaction where Personal Information might be a business asset transferred to or acquired by a third party.
To comply with the law or a court order, to enforce or apply our conditions of use and other agreements, to protect the rights, property, or safety of the Company and our employees and users. This may include exchanging information for fraud protection and credit risk reduction.

Categories of Personal Information Disclosed to Third-Parties; Sales and Shares

In the 12-month period before the effective date of this Privacy Policy, we may have shared website browsing activity to online analytics, targeted advertising and website customization providers. You have the right to opt out of this disclosure of your information, which may be considered a “sale” or “share” under California law. You may opt out of “sharing” or “selling” by setting a browser-level opt-out, the Global Privacy Control. You may learn how to set that signal by going to this website: https://globalprivacycontrol.org/. You may also opt-out by emailing support@recurly.com.

As described above, we do not directly disclose your Personal Information with third parties for monetary consideration. Our “selling” or “sharing” is instead confined to the context of online tracking.

We disclose your Personal Information for the same business or commercial purpose for which we collect it. Our collection practices are described above.

We do not knowingly sell or share the Personal Information of minors under 16 years of age.

How Long Do We Retain Your Personal Information?

We retain Personal Information about you for as long as reasonably necessary for the purposes described in this Privacy Policy or while we have a legitimate business need to do so in accordance with legal and additional compliance requirements.

To determine the appropriate retention period, we consider the amount, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorized use or disclosure of your Personal Information, the purposes for which we use your Personal Information and whether we can achieve those purposes through other means, and the applicable legal requirements.

We may also retain some information in a depersonalized or aggregated form.

CCPA Rights

If you are a California resident, you have the following rights regarding your Personal Information:

Right to Deletion of Personal Information. California residents have the right to request the deletion of their Personal Information as prescribed in Section 1798.105(a) of the CCPA. We may not delete some or all requested Personal Information if we are required to retain it by applicable law or are permitted to retain it by applicable law.
Right of Access: This is the right to request disclosure of Personal Information collection and sharing practices
Right to Know. You may request to receive details about how we collect, use, and share your Personal Information. You may request to receive the specific pieces of Personal Information that we have collected about you.
Right to Correct Inaccurate Personal Information: The right to correct inaccurate Personal Information that we maintain about you.
Right to Opt-Out of Sale or Share: The right to opt-out of the sale or sharing of your Personal Information by us.
Right to Limit Disclosure of Sensitive Personal Information: If we use sensitive Personal Information at all, our use is confined to certain limited purposes, such as the following: (1) performing our service or providing goods, (2) detecting security incidents, (3) resisting malicious, deceptive, fraudulent, or illegal actions, (4) ensuring physical safety, (5) for short-term transient use, including certain non-personalized advertising, (6) maintaining or servicing accounts, providing customer service, verifying customer information, or providing similar services, and (7) verifying and maintaining the quality or safety of a service or product to improve, upgrade, or enhance a service or product. As such, your right to opt-out does not apply to our use of your sensitive information.
Right to Not Receive Discriminatory Treatment: We do not discriminate against you for exercising any CCPA rights, such as the access and deletion rights described above. If we choose to offer a product enhancement or financial incentive that is contingent on you sharing Personal Information, we will ensure that the value provided to us by that collection is reasonably related to the value of the product enhancement or financial incentive.

Exercising Your Rights: California residents can exercise the above privacy rights or request to receive this notice in a different format by emailing us at: support@recurly.com. To opt-out of selling or sharing, you may also set the Global Privacy Control.

Verification: In order to protect your Personal Information from unauthorized access or deletion, we may require you to verify your login credentials before you can submit a request to know or delete Personal Information. If you do not have an account with us, or if we suspect fraudulent or malicious activity, we may ask you to provide additional Personal Information for verification. If we cannot verify your identity, we will not provide or delete your Personal Information.

Authorized Agents. You may submit a request to know or a request to delete your Personal Information through an authorized agent. If you do so, the agent must present signed written permission to act on your behalf and you may also be required to independently verify your identity with us.

10. Other State-Specific Privacy Rights

This portion of our Privacy Policy applies only to residents of the following states: Connecticut, Colorado, Nevada, Virginia, and Utah, and applies only to the extent of any inconsistency with the information above.

Categories and Sources of Personal Information Collected About You and Purpose for Processing

We collect and process certain categories of Personal Information about you. These categories are identified and described below:

Identifiers such as real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers.
Other Directly Identifying Information, such as signature, physical characteristics or description, telephone number, insurance policy number, bank account number, credit card number, debit card number, or any other financial information.
Commercial information, such as EIN number and company name, and transaction and billing data.
Internet or other electronic network activity information, such as browsing history, search history, and information regarding a consumer’s interaction with an internet website application, or advertisement.
Geolocation data.
Sensitive Personal Information, such as:
- Personal Information that reveals: (1) a consumer’s Social Security, driver’s license, state identification card, or passport number; (2) a consumer’s account log-in financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account; or (3) a consumer’s precise geolocation information.

We collect and process these categories of Personal Information for the following purposes:

To communicate with you about your use of our Services. This may include promotional offers, updates on our offerings, legal notices, important account information, and other items that may be relevant to you as a user of our Services.
To send you promotional offers on behalf of other businesses. If you do not wish to receive marketing communications, you may indicate your preference by using the “unsubscribe” mechanism provided by the communication.
We may disclose your Personal Information with affiliated businesses and third party websites. This allows them to market or advertise products or services to you through our Services.
To analyze how users are using our Services so that we can make improvements and provide you with an optimal experience. We use aggregate data to accomplish this analysis.
To allow our agents to perform tasks on our behalf to provide products and services to you.
As part of a business transaction where Personal Information might be a business asset transferred to or acquired by a third party.
To comply with the law or a court order, to enforce or apply our conditions of use and other agreements, to protect the rights, property, or safety of the Company and our employees and users. This may include exchanging information for fraud protection and credit risk reduction.

Categories of Personal Information Disclosed to Third Parties

We may share website browsing activity to third party web tracking providers. As described below, you have the right to opt-out of this sharing.

Categories of Personal Information Disclosed to Third Parties

We may share website browsing activity to online analytics, targeted advertising and website customization providers. You have the right to opt out of this disclosure of your information. You may opt out by setting a browser-level opt-out, the Global Privacy Control. You may learn how to set that signal by going to this website: https://globalprivacycontrol.org/. You may also opt-out by emailing support@recurly.com.

For Nevada Residents: We do not share Personal Information with third parties such that they are able to determine an individual’s online activities over time and across different Internet websites or online services.

We do not knowingly sell or share the Personal Information of minors under 16 years of age.

Your Rights

If you are a resident of Connecticut, Colorado, Virginia, or Utah, you have the following rights regarding your Personal Information:

Right to Know and Access: The rights to confirm whether or not we are processing your Personal Information and to access such Personal Information.
Right to Correct: The right to correct inaccuracies in your Personal Information, taking into account the nature of the Personal Information and our purposes of the processing of such Personal Information.
Right to Delete: The right to delete Personal Information provided by or obtained about you.
Right to Obtain a Copy: The right to obtain a copy of your Personal Information that you previously provided to us in a portable and to the extent technically feasible, readily useable format that allows you to transmit the data to another controller without hindrance, where the processing is carried out by automated means.
Right to Opt-Out: The right to opt out of the processing of your Personal Information for purposes of: (1) targeted advertising, (2) the sale of Personal Information, or (3) profiling in furtherance of decisions that produce legal or similarly significant effects concerning you. We will also collect opt-in or opt-out consent, depending on the state in which you reside.

How to Exercise Your Rights

Please direct any rights requests (as further described below) or additional questions you may have regarding this Privacy Policy to: support@recurly.com. You may also opt out of targeted advertising by setting the Global Privacy Control.

If you do, we will need to collect Personal Information and other information such as your name, email or transaction history in order to verify your identity.

Authorized Agents: You may submit a request to know or a request to delete your Personal Information through an authorized agent. If you do so, the agent must present signed written permission to act on your behalf and you may also be required to independently verify your identity with us.

How to Appeal a Decision Made by a Controller: If you submitted a request to exercise your rights and are dissatisfied with the decision made by us, you have the right to appeal that decision. Please contact support@recurly.com to appeal the decision.

Changes To This Privacy Policy: To the extent that any changes are made to this policy that require notification to consumers, you may be notified in any of the following way(s):

- Via Email if you opt-in to receiving emails from us

Recurly Data Processing Agreement

DPA FAQ September 2021

List of Sub-Processors