Clover is committed to providing a product and platform that not only protects the privacy of Clover merchants and their employees, but also that of the customers who shop with Clover merchants.
Clover cannot give you legal advice. The following sections are intended for informational purposes only. Please consult with an attorney to fully understand how the CCPA applies to your business.
About the CCPA
The California Consumer Privacy Act (CCPA) is a California law that gives California residents more control over the collection and use of their “personal information.” According to CCPA, “Personal Information” (PI) means information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Please refer to CA Assembly Bill 375 for further information on what information is considered “personal” under CCPA.
Who does the CCPA apply to?
CCPA’s requirements only apply to businesses who collect personal information and meet additional threshold requirements.
The CCPA applies to entities who determine the purposes (the “why”) and means (the “how”) of the processing of personal information, and satisfy one of the following standards:
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Have annual gross revenue of more than $25 million
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Annually buy, sell, receive for commercial purposes, the Personal Information of 50,000 or more California consumers
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Derives 50% or more of its annual revenue from selling consumers’ personal information
The CCPA does not apply to entities that do not collect and/or sell the data of California residents.
If a merchant meets these threshold requirements, CCPA grants the consumers that shop with them certain rights. These rights include, but are not limited to:
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Transparency with how their personal information is collected, used, and shared
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A right to opt-out of the “sale” of their data
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A right to access the personal information held on them
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A right to have the personal information held on them deleted
CCPA and selling personal information
“Selling” personal information is a broad concept under CCPA. For example, a data “sale” would occur any time personal information is transferred from one business to another in exchange for money or valuable consideration. This means that if one business is transferring personal information to another business, and the recipient business is using that data for its own purposes, a data sale will have occurred. If, however, a business transfers personal information to another business and the recipient business is solely providing a service to the transferring business, a sale is unlikely to have occurred.
If you are selling the personal information of California residents, and you otherwise qualify as a business under CCPA, you have a requirement to notify consumers that you sell their data and give them the ability to opt-out of the sale of their data. You are required to provide this information either through your website or as otherwise indicated in the CCPA.
You should consult with an attorney to determine whether any transfers of personal information made by you to another business would qualify as a “sale” and how to provide consumers with notice and the ability to opt-out of such sales.
Clover merchants and the CCPA
Clover cannot give you legal advice. The information below is intended for informational purposes only.
Transparency requirements
You should maintain a privacy policy on any website you own and/or operate. Clover makes it easy for merchants to upload their privacy policy on their merchant dashboard. Once you have uploaded a privacy policy to your merchant dashboard, Clover will upload links to your privacy policy on your device screen(s), your digital receipts, and your physical receipts.
Note: If you don't have a privacy policy and want to create one, you can create it in a Google doc and share it as Anyone with the link which makes it public and accessible to anyone on the internet with the link.
You can upload your privacy policy on your merchant dashboard by following these steps:
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From a browser, log in to your Clover account.
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At the top right, do one of the following based on what you see onscreen:
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From the Account menu, select Account & Setup.
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Select Settings
to open the Settings panel; then choose View all settings.
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From About Your Business, select Business Information, and scroll to Privacy.
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Enter your privacy policy URL; then click Save.
After entering the URL, print a receipt and test the URL printed on your receipt. Also, try sending yourself a digital receipt via email and SMS text messages to ensure that it works. In addition, test the shortened URL viewable on your customer-facing Clover device. To make sure your customers can access your link as expected, test it from a different computer or (for Chrome browsers) in an Incognito browser window.
The information that must be included in a privacy policy for qualifying businesses includes, but is not limited to:
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The categories of personal information collected and the purposes for which they will be used
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The categories of personal information shared with third parties for “business purposes”
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A description of California consumers’ rights under CCPA
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Methods for consumers wishing to exercise data rights requests
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If the business “sells” personal information, a list of information it sells
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If the business does not “sell” personal information, a statement saying that the business does not “sell” personal information
You should consult with an attorney to ensure that your privacy policy complies with the CCPA.
California consumers data access rights
The CCPA gives California consumers certain data access rights, including:
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The right to request access to the categories of personal information held on them
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The actual pieces of data held on them
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The right to request that their data be deleted
If a consumer comes into your store and asks to exercise any of their CCPA data rights, the CCPA requires that you verify their identity to varying levels of certainty. This process involves matching data the consumer provides to you with the data you maintain.
After you have confirmed the consumer's identity, and you understand the nature of their request, your Clover device and dashboard provide a number of tools to help you fulfill the request.
From the customer’s profile you can:
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Access the customer's data
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Edit the data you hold on the customer by tapping Edit Profile
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Delete the customer’s profile
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Gather such information on your own in a way that is secure and with a tool that makes the data portable
For more information about how to add, edit, or delete customer profiles, see the Customers app.
Clover merchant data transfers and CCPA
Clover merchants and personal information transfers to Clover
Part of the overall service Clover provides to merchants is the capture, storage, and transfer of personal information collected by and through your point-of-sale device. When you use Clover to run your business, Clover operates as a service provider to your business.
Clover merchant personal information transfers within the Clover App Marketplace apps
When you install third-party applications via the Clover App Marketplace, an independent relationship is formed between your business and the application. Some applications hosted on the App Market ask your business to transfer personal information to them. This personal information is used by the application to accomplish its stated purpose. Clover acts as a service provider to you when you permit the transfer of the personal information you collect from your business to the application.
You should consult with an attorney to determine whether transfers of personal information resulting from your installation of any applications would be considered a “sale” under CCPA.
Clover merchant personal information transfers to vendors outside the Clover ecosystem
You should consult with an attorney to determine whether CCPA is applicable to your business and whether any personal information you transfer to vendors wholly outside of the Clover ecosystem would be considered a “sale” under CCPA.