Last Updated September 1st, 2012
Leaf Holdings, Inc., (“Leaf”) provides an advanced network of technology and services the (“Services”) that enables retail merchants (“Merchants”) and retail customers (“Customers”) who download and use Leaf’s mobile-device based application (“App”) to better interact with each other.
The Service provides an integrated Point of Sale (“POS”) system that enables Merchants to provide Customers with a secure, PCI compliant payment solution that also empowers Merchants to uniquely identify each Customer at the POS, manage inventory, store receipts, and create loyalty campaigns in real-time by linking the transaction to a Customer’s unique digital profile. To use the Service, Merchants must either install Leaf’s proprietary software (the “Software”) in their existing Credit Card Terminal or by using Leaf’s proprietary Credit Card Terminal (the “LeafPresenter” and together with each existing third party Credit Card Terminal in which the Software is installed, referred to as a “Leaf CCT”). When a Customer makes a purchase using a Leaf CCT (each a “Transaction”), Leaf delivers a paperless receipt in real-time to the mobile device designated by the Customer and enables Customers to their purchase history and provide feedback and share the experience or pictures of purchased items directly to Facebook and other social media.
When you sign up for an account with Leaf as a Merchant, Leaf collects the following information (“Merchant Information”):
When Merchants or Customers visit the Website or use the Service, Leaf may collect certain non-personally identifiable information (“Usage Information”) including:
We may also use certain standard web measurement and tracking technologies such as “cookies,” web server logs, or other statistics programs to collect Usage Information and track and record how you use the Website or other Service. In addition, we may utilize use web beacons (also known as “action tags” or “one pixel .gif files”) to recognize you when you visit the Website.
Leaf CCT's access and transmit credit card and debit card information (“Cardholder Data”) in order to process Transactions. However Leaf does not access, transmit, process, store, collect or ever see Cardholder Data. Rather, the Leaf CCT encrypts all Cardholder Data and transmits it directly to a third party payment processor (either WhizPay with respect to payments made using a LeafPresenter or directly to the payment processor designated by Merchant with respect to a third party credit card terminal on which the Software is installed). LEAF DOES NOT COLLECT, ACCESS, STORE OR PROCESS ANY CREDIT CARD INFORMATION. IF A MERCHANT USES A LEAFPRESENTER, LEAF RETAINS LEGAL OWNERSHIP OVER ALL CARDHOLDER DATA COLLECTED BY WHIZPAY AND REMAINS RESPONSIBLE FOR COMPLIANCE WITH THE PAYMENT CARD INDUSTRY DATA SECURITY STANDARD (“PCI DSS”) IN CONNECTION WITH SUCH CARDHOLDER DATA BUT DOES NOT HAVE ACCESS TO WHIZPAY’S PCI COMPLIANT STORAGE ENVIRONMENT OR ANY CARDHOLDER DATA STORED BY WHIZPAY. RATHER WHIZPAY RECEIVES, PROCESSES, AND STORES CARDHOLDER DATA AND PROVIDES LEAF WITH A NON-CARDHOLDER DATA ANONYMIZED “TOKEN” THAT ENABLES THE LEAF CCT TO IDENTIFY THE APPLICABLE USER BY HIS OR HER PAYMENT CARD AND PRESENT PERSONALIZED OFFERS AND SERVICES WITHOUT ACCESSING CARDHOLDER DATA.
Leaf may also aggregate User Information and share it with other Merchants, employees, customers or third party businesses that are providing services on behalf of or to Leaf. However, these overall patterns or demographic reports will not describe or identify any individual Merchant.
Leaf will not sell Merchant Information to third parties for marketing purposes without Merchant’s explicit consent. We may combine the Merchant Information with information we collect from other trusted partners and use it to improve and personalize the Service, content and advertising. Merchants can log in to their account and adjust the pertinent parameters to opt out of receiving marketing communications from Leaf. Opting out will not stop Leaf from sending account management communications to Merchants.
Leaf may disclose the information it collects: (a) when we have reason to believe that such disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, Merchants, Customers or other users of the Website or Service, or anyone else who could be harmed by such activities, or is appropriate or necessary to enforce any Leaf Agreement, take precautions against liability, investigate and defend against any third-party claims or allegations, and/or protect the security or integrity of the Website, any Leaf CCT’s, or Network; (b) to respond to judicial process and provide information to law enforcement agencies in connection with an investigation on matters related to public safety, as permitted by law, or otherwise as required by law, or in the good-faith belief that such action is necessary to comply with state and federal laws; (c) to our business partners for research, analytical and marketing purposes, and/or to our subsidiaries, affiliated companies, or other businesses or persons for the purpose of processing any request on your behalf; or (d) otherwise with your consent. Leaf may buy or be bought by other businesses or entities. In such event, Leaf may transfer or assign the information we have collected as part of such merger, acquisition, sale, or other change of control. In such transactions, your information, including all account information and any personally identifiable information collected by Leaf, may be included in the transferred business assets. Also, in the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, Leaf may not be able to control how your information is treated, transferred, or used and your information may be included in the transferred assets. We may use information to identify and develop products and services that may be of interest to you and/or share this information with certain third parties for direct marketing purposes with respect to special offers, products, services, programs, promotions, surveys, publications, invitations or other opportunities. Under the laws of some jurisdictions, you may be entitled to request disclosure regarding how we share your Usage Information with third parties for direct marketing purposes (“Information-Sharing Disclosure”). To the extent required by applicable law, we shall provide the Information-Sharing Disclosure to you upon rightful request made in writing to Leaf Holdings, Inc., 222 Third St. 4th Floor, Cambridge, MA 02142.
Leaf takes commercially reasonable precautions and have implemented commercially reasonable technical measures intended to protect against the risks of unauthorized access to, erroneous disclosure of, and unlawful interception of information submitted via the Website. However, email transmissions and/or other communications may be unlawfully intercepted or accessed by third parties and/or the Website may be subject to hostile network attacks or administrative errors. We cannot and do not guarantee the security of any information transmitted over the Internet. We also take steps that we believe are commercially reasonable to limit access to Merchant Information to only those employees and service providers necessary to provide the Service. However, even after we receive Merchant Information, we cannot guarantee that it may not be accessed, disclosed, altered, or destroyed as a result of a breach of our commercially reasonable efforts or as a result of any other event beyond our reasonable control. Accordingly, Leaf cannot and does not guarantee that any information is completely secure and safe from such risks. FOR THE AVOIDANCE OF DOUBT, LEAF EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ENSURING, GUARANTEEING OR OTHERWISE OFFERING ANY DEFINITIVE PROMISE OF SECURITY IN CONNECTION WITH MERCHANT INFORMATION.
If you have any questions or comments regarding our privacy practices, you may contact us at: Attention: Privacy Officer, Leaf Holdings, Inc., 222 Third St. 4th Floor, Cambridge, MA 02142. or e-mail: email@example.com.
These Terms govern all matters related to your installation and use of the App and supersede all other agreements with respect to the App. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted at www.leaf.me (the “Site”) and you should review the Site periodically.
The App and all content contained within the App is and shall remain the sole property of Leaf, subject to protection under U.S. and foreign copyright laws. Leaf grants you a personal, revocable, limited, non-transferable license to use the App on either (a) any iPhone, iPad or iPod Touch as permitted by the App Store Terms and Conditions, or (b) or any Android-enabled mobile device subject to the Android Market Terms of Service and Policies. This license does not allow you to copy, disassemble, attempt to derive the source code of, modify, create derivative works of, rent, lease, lend, sell, redistribute or sublicense the App.
The license is effective until terminated by you or Leaf. Upon termination of the license, you shall cease all use of the App, and destroy all copies, full or partial, of the App. You agree that Leaf shall be entitled, without bond, other security, proof of damages, to appropriate equitable remedies with respect any of this Agreement, in addition to any other available remedies.
YOU ACKNOWLEDGE AND AGREE THAT USE OF THE APP IS AT YOUR SOLE RISK AND THAT THE APP AND ANY CONTENT OR INFORMATION PROVIDED BY THE APP ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. LEAF HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP, EXPRESS, IMPLIED OR STATUTORY. FURTHER, YOU AGREE THAT ANY INFORMATION RELATED TO ANY MEDICAL CONDITION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE MEDICAL ADVICE.
IN NO EVENT SHALL LEAF BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APP, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF LEAF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LEAF’S TOTAL LIABILITY EXCEED THE AMOUNT OF $100.00. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
The laws of the State of Massachusetts, excluding its conflicts of law rules govern this license and your use of the App. The sole and exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Massachusetts.
You agree to indemnify, defend, release, and hold harmless Leaf, its partners, licensors, affiliates, contractors, officers, directors, employees and agents from all damages, losses and expenses arising directly or indirectly from (a) any negligent acts, omissions or willful misconduct by you, (b) your use of the App, or (c) any breach of these Terms by you.
Leaf and you acknowledge that these Terms are concluded between Leaf and you only, and not with Apple, Inc. Leaf, not Apple, is solely responsible for the App and the content thereof. To the extent these Terms provide for usage rules for the App that are less restrictive than the Usage Rules set forth in, or otherwise is in conflict with, the App Store Terms of Service, the more restrictive or conflicting Apple term applies.
The license granted to you for the App is limited to a non-transferable license to use the App on an iOS Product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
Leaf is solely responsible for providing any maintenance and support services with respect to the App, as specified in this Agreement (if any), or as required under applicable law. Leaf and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
Leaf is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price for the App to you; and to the maximum extent permitted by applicable law, Apple will not have any other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Leaf’s sole responsibility.
Leaf and you acknowledge that Leaf, not Apple or Google, is responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims; (b) any claim that App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This Agreement does not limit Leaf’s liability to you beyond what is permitted by applicable law.
Leaf and you acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Leaf, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties, including the list maintained by the U.S. Government Office of Foreign Asset Controls.
Leaf’s contact information for any end-user questions, complaints or claims with respect to Mobile App is firstname.lastname@example.org.
You hereby agree that if the terms of this Agreement are not specifically enforced, Leaf will be irreparably damaged, and therefore you agree that Leaf shall be entitled, without bond, other security, proof of damages, to appropriate equitable remedies with respect any of this Agreement, in addition to any other available remedies.
You must comply with applicable third party terms of agreement when using the Software. Leaf and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
Thank you for downloading the Leaf App (the “App”). The App gives users the ability to give feedback to the businesses they frequent, better track their spending, receive paperless receipts, coupons, notifications of promotions and other rewards for the places at which they shop, and share their shopping experience via Facebook and other social media (collectively, the “Leaf Service”). Users can also help support their favorite local charities by shopping at Leaf affiliated merchants (“Leaf Merchants”).
When you connect the App to your Facebook account, Leaf creates a Leaf account for you (your “Account”) using the following information that Leaf receives from Facebook, Inc. (“Facebook”): your Basic Information, Education History, Work History, About Me information, profile picture, primary email address, and user name and password (collectively, “Registration Information”).
In addition, Leaf automatically collects certain information whenever you use the App on your mobile device, including IP addresses, MAC addresses, device information including, but not limited to, ID, name and type, operating system, location, mobile network details and customer web log information, such as browser type, traffic to and from the Leaf’s website and all the pages accessed on Leaf’s websites (collectively, “Transactional Data”).
Because the App links your purchases at your favorite stores with your Registration Information, Leaf may also collect your credit card information, bank account information, and other related payment information (collectively, “Payment Data”). In accordance with Payment Card Industry Security Standard (PCI DSS), all Payment Data collected by Leaf is immediately passed to a PCI certified third party who will host all of your Payment Data. Leaf will not store or have access to any Payment Data. Leaf will randomly assign an encrypted anonymous identifier to your Payment Data (a “Token”) in order to keep your information safe and secure, while allowing Leaf to link your purchases at various Leaf Merchant locations with your Registration Information. LEAF DOES NOT HAVE ACCESS TO OR STORE YOUR CREDIT CARD, BANK ACCOUNT, OR OTHER RELATED PAYMENT INFORMATION.
Leaf is not responsible for the use or re-sharing of any of your Activity Information by others once it is made public. If you do not wish for such use or re-sharing of your Activity Information, you should not use the Leaf Service and/or adjust your Facebook privacy settings accordingly.
Leaf generally uses your Registration Information, Transactional Data, and purchase history (collectively, “Information”) to operate, maintain, enhance and provide all of the features and functionality of the Leaf Service.
Leaf may supply your Information to Leaf Merchants, upon identification at checkout via Tokens, so that they may offer you coupons and other promotions, or otherwise create incentives for you to continue to shop at their stores.
Leaf also uses your Information to understand and analyze how you use the Leaf Service and how Leaf can improve it, and create new features and functionality. Leaf may use your Information to determine in which country you are located so that Leaf may provide localized content and otherwise provide or administer the Leaf Service to you and other users.
Finally, Leaf will not sell your Information to third party advertisers without your explicit consent. We may use your Information on an anonymous, aggregated basis for purposes of research or analysis and may share this type of anonymous data with a variety of third parties, including our affiliates, advertisers, and other current and prospective business partners to assist such parties in understanding the usage, viewing, and demographic patterns for certain programs, content, events, services, advertisements, promotions, and/or functionality accessible via or provided by the Leaf Service.
Leaf may disclose your Information, in some cases without providing notice to you, if Leaf believes it is required to do so by law, or that disclosure is necessary to comply with state and federal laws, or to respond to a court order, judicial or other government subpoena, or warrant.
Leaf may also disclose your Information, if it believes, in good faith, that such disclosure is appropriate to protect Leaf against liability, or fraudulent, abusive, or unlawful uses; or to investigate and defend any third-party claims or allegations; to assist government enforcement agencies; to protect the security or integrity of the Leaf Service; or to protect the rights, property or personal safety of Leaf or others.
In the event that Leaf is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign your Information as part of such merger, acquisition, sale, or other change of control.
Finally, Leaf may share your Information with other companies, agents or contractors who perform services on our behalf. For example, Leaf may use other companies to provide IT infrastructure or hosting services, process credit card transactions, provide customer service, collect debts, and analyze and enhance data, offer joint promotions, programs, or incentives. By using the Leaf Service, you consent to our sharing of your information. Please note that we do not control the privacy practices of these third party businesses.
When you register and download the App, you may also provide, either to Leaf or to Apple or Google, as applicable: (a) your name, email address, age, user name, password and other Registration Information; (b) transaction-related information, and; (c) information you enter into our system when using the App, such as contact information.
Leaf does not have any access to any information you have provide to Apple or Google. Leaf does not collect any health related information when you download, register for, or use the App. Leaf may collect and use technical data and information, including but not limited to technical information about your device, system and App software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the App. Leaf may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you. The App does not collect precise information about the location of your mobile device.
With respect to information provided directly to Leaf via the App, you grant Leaf an irrevocable, perpetual, royalty-free right and license to share such information with affiliates and related companies of Leaf and to third parties providing services on behalf of Leaf and to transfer such information in the event of a sale, merger, dissolution, bankruptcy, corporate reformation or other corporate restructuring of Leaf or as required by law, such as to comply with a subpoena, or similar legal process, or respond to a government request.
You may opt-out of providing information to Leaf at anytime by uninstalling the App using the standard uninstall processes available on your mobile device or via the applicable mobile App marketplace or store. You will receive email, in-App and text message notifications and messages until you uninstall the App. You can opt-out of receiving email messages at any time by following the opt-out instructions in each email. To be clear, opting out will only remove your name from our email lists for promotional offers. You will continue to receive emails related to your use of the App, such as notifications of updates. In addition, Leaf may continue to send a text message or in-App notifications to your mobile device. By downloading and installing the App, you are providing your express consent to receive such text or in-App messages from Leaf to your mobile device, including messages about products, promotions, services or offers from other third party customers or partners of Leaf (“Advertiser”). Although there is no fee associated with this service, your carrier may charge you for each message you receive in accordance with your calling plan. You agree that neither Leaf nor the applicable Advertiser is responsible in any way for such charges. If you do not wish to continue to receive any messages via your mobile device, you may Opt-Out at any time by texting “STOP” in response to any message. Failure to Opt-Out constitutes your consent to continue to receive these messages both from Leaf on its own behalf and from Leaf on behalf of a third party Advertiser until you elect to Opt-Out and you release both Leaf and the applicable Advertiser from any charges associated with such messages or from any claims you may have related to or arising from such messages.
SPECIFICALLY, YOU EXPRESSLY WAIVE ANY CLAIM IN CONNECTION WITH SUCH MESSAGE, INCLUDING, WITHOUT LIMITATION ANY CLAIM UNDER THE TELEPHONE CONSUMER PROTECTION ACT OF 1991 AND ANY CLAIM THAT THE CONSENT PROVIDED BY YOU TO LEAF DOES NOT EXTEND TO OR INCLUDE THE APPLICABLE ADVERTISER, BOTH AGAINST: (A) LEAF, AND (B) THE APPLICABLE ADVERTISER.
The App is not directed to children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at email@example.com. We will delete such information from our files within a reasonable time.
Leaf takes commercially reasonable steps to help protect your information. LEAF EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ENSURING, GUARANTEEING OR OTHERWISE OFFERING ANY DEFINITIVE PROMISE OF SECURITY IN CONNECTION WITH YOUR PERSONAL INFORMATION.
By using the App, you are consenting to the use and processing of your information as set forth in these Terms, all of which activities will take place in the United States. If you reside outside the U.S. your information will be transferred to the U.S., and processed and stored there under U.S. privacy standards.
If you have any questions regarding privacy while using the App, or have questions about Leaf’s practices, please contact Leaf via email at firstname.lastname@example.org.