Updated 30 August 2024 

Welcome to RedCloud Technologies Inc., a Delaware corporation (“RedCloud,” “we,” “us,” or “our”). RedCloud provides an AI-powered Open Commerce Platform connecting suppliers and retailers via our website at www.red101usa.com and any other website, channel, application, mobile features, and/or platform that we operate that reference this Privacy Policy (together, the “Website”). The words “user,” “you,” and “your” refer to entities or individuals that access and/or use the Website.  

We provide this Privacy Policy (“Privacy Policy”) to describe the types of Personal Information (defined below) collected or provided in connection with a user’s use of the Website. This Privacy Policy also applies to any Personal Information collected, stored, or used by us, such as information you provide us through the above media, by email, mail, or telephonic communications in connection with our Website and any and all products or services provided to you by RedCloud. 

The information provided in this Privacy Policy is designed to inform you of what information we collect, why we collect such information, how we use the information we collect, and the choices we offer, including how to access and update information. By accessing or using our Website, you acknowledge and consent to the Website Terms of Service and this Privacy Policy, including our collection, use, and disclosure of your Personal Information, as described below. This Privacy Policy is not a contract and does not create any legal rights. 

“Personal Information” is any information that can be used to identify you, such as your name, address, telephone number, email address. This Privacy Policy does not cover data we, or our authorized third-party vendors or partners, collect that cannot be used to identify an individual, or to pseudonymous data. 

Notice to European users: If you are located in the European Economic Area (“EEA”) or the United Kingdom (“UK”) (referred to below as “Europe” and “European”), please do not submit information through the website. To the extent that you do, see our European Privacy Rights Notice. 

RedCloud may provide additional or supplemental privacy notices to individuals for specific products or services that offer at the time we collect Personal Information. For example, this Privacy Policy does not apply to Personal Information that we collect about from RedCloud employees, partners, contractors or job candidates. Such information is subject to separate privacy notices.  

You can download a printable copy of this Privacy Policy. 

Index 

• Personal Information We Collect 

• How We Use Your Personal Information  

• How We Share Your Personal Information 

• Your Choices With Respect To Your Personal Information  

• Security Safeguards 

• Third Party Sites 

• International Data Transfers 

• Children 

• Updates to This Privacy Policy 

• How To Contact Us and Exercise Your Rights  

Personal Information We Collect 

In support of our marketplace platform, we collect and use information about the merchants using our platform, partners that may be offering goods or services to our merchants, users of the third-party apps made available through our Website, including Stripe and visitors to our Website.  

Information You Provide to RedCloud 

We receive and store any Personal Information you post to the Website or provide to us when you set up a user account, or sign up for our newsletters or promotions. You can choose not to provide such Personal Information, in which case you will not be able to access or use portions of the Website or some of their features.  

• Contact data, such as your first and last name, salutation, billing and mailing addresses, phone number, email address, professional title, and company name. 

• Demographic data, such as your city, state, country of residence, and postal code. 

• Communications data based on our exchanges with you, including when you contact us through the Website. 

• Online identifiers and account information, such as your username or passwords for the Website. 

• Payment and transactional data, is collected and processed by our service provider, Stripe (see below). We receive only masked data and transaction ID. 

• Marketing data, such as your preferences for receiving our marketing communications and details about your engagement with them. 

• Other data not specifically listed here, which we will use as described in this Privacy Policy or as otherwise disclosed at the time of collection. 

Third Party Sources 

We may combine Personal Information we receive from you with Personal Information we obtain from other sources, such as: 

• Public sources, such as government agencies, public records, Social Media Pages, and other publicly available sources. 

• Private sources, such as data providers, data licensors, and account intelligence providers (who help us identify the types of visitors to our Website). 

• Marketing partners, such as joint marketing partners and event co-sponsors. 

Automated Collection 

We, our service providers and our business partners may automatically receive and store certain types of information about you, your computer or mobile device, and you interaction with our Website over time, our communications and other online services such as:   

• Log data – Our web servers may collect “log data.” Log data provides aggregate information about the number of visits to different pages on the Website. Third-party vendors may also collect aggregate log data independently from us. 

• Web beacons – Some of the pages on the Website may contain electronic images known as web beacons that allow use to count the number of users who have visited those pages.  These collect only limited information such as a cookie number, time and date of a page view, and a description of the page on which the web beacon resides.  These web beacons do not carry any personal Information and you cannot opt-out or refuse them.  However, where they operate with cookies, you can render them ineffective by opting out of cookies or changing the cookie setting in your browser. 

• Communication interaction data such as your interactions with our email (sent by us, and/or our marketing service providers), chat messages, voicemail, text or other communications (e.g., whether you open and/or forward emails) – we may do this through use of pixel tags (which are also known as clear GIFs), which may be embedded invisibly in our emails.  

(collectively, “Device Data”) 

Cookies 

Some of our automatic data collection is facilitated by cookies and similar technologies. For more information, see our Cookie Notice.  

Details About Others 

We may collect contact details about individuals whom you refer to us. Please do not refer someone to us or share their contact details with us unless you have their permission to do so. 

Sensitive Data 

We do not collect sensitive data, for example, biometric data, health data, or data revealing racial or ethnic origin, from visitors to the Website. 

How We Use Your Personal Information 

We are fully committed to providing you with information about the collection and use of Personal Information furnished by, or collected from, those using the Website, our products, and services. It is our practice not to ask you for Personal Information unless we need it or intend to use it. The purposes for collecting your Personal Information are as follows: 

Services and Operations 

• Providing services such as processing a transaction, including account authentication; 

• Marketing and communications with you in relation to the products and services offered by RedCloud, and other trusted third parties; 

• Providing contests and special offers to you for your voluntarily participation;  

• Provide customer service and support; 

• Notify you of changes to our products, services or Website; 

• Send you information you have requested; 

• Carry out obligations under any contract we have with you; 

• In connection with the creation and maintenance of your user account; 

• In connection with the processing, fulfillment, and shipment of any products or services you purchase/distribute; 

• Tailor your user experience at our Website; and 

• Perform functions as otherwise described to you at the time of collection. 

Research and Development 

We may use your Personal Information for research and development purposes, including to analyze and improve the Website and our business and to develop new products and services. As part of these activities, we may create aggregated, de-identified and/or anonymized data from Personal Information we collect. We make Personal Information into de-identified or anonymized data by removing information that makes the data personally identifiable to you. We may use this aggregated, de-identified or otherwise anonymized data and share it with third parties for our lawful business purposes, including to analyze and improve the Website and promote our business and will not attempt to reidentify any such data. 

Marketing 

• Communicate with you by email, regular mail, telephone, or mobile devices, about products or services that may be of interest to you either from us or from other third parties; 

• Develop and deliver our promotional content; 

• Develop and display third-party content and advertising tailored to your interests at the Website; 

You may opt-out of our marketing communications as described in the Opt out of communications section below. 

Service Improvement and Analytics 

We may use your Personal Information to analyze your usage of the Website, improve the Website, improve the rest of our business, help us understand user activity on the Website, including which pages are most and least visited and how visitors move around the Website, as well as user interactions with our emails, and to develop new products and services. 

Legal Compliance and Protection 

RedCloud shall: 

• Comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas, investigations or requests from, or cooperate with government authorities; 

• Protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims);  

• Audit our internal processes for compliance with legal and contractual requirements or our internal policies; 

• Enforce the terms and conditions that govern the Website; and 

• Prevent, identify, investigate and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft. 

New Purposes 

We may use your Personal Information for reasons not described in this Privacy Policy where permitted by law and when the reason is compatible with the purpose for which we collected it.  

Retention 

We generally store/retain your Personal Information as long as reasonably necessary to fulfill the purposes described in this Privacy Policy, as we determine is necessary for business records, and as required under applicable law. To determine the appropriate retention period for Personal Information, we may consider factors such as 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 process your Personal Information and whether we can achieve those purposes through other means, and the applicable legal requirements. In some cases, we may specifically ask you for your consent to collect, use or share your Personal Information, such as where required by law.  

When we no longer require the Personal Information we have collected about you, we may either delete it or de-identify, aggregate or anonymize it. If we de-identify, aggregate or anonymize your Personal Information (so that it can no longer be associated with you), we may use this information indefinitely without further notice to you. 

How We Share Your Personal Information 

As a general practice, however, we do not sell, rent, or provide your Personal Information to unaffiliated third parties. We may share your Personal Information with the following parties and as otherwise stated in this Privacy Policy, in other applicable notices, or at the time of collection: 

• Service Providers. The third parties that provide services on our behalf or help us operate the Website or our business (such as information technology and software services, mailing services, marketing services, event management services, and cyber and physical security services). 

• Third parties you designate. Third parties where you have instructed us or provided your consent to do so. We will share Personal Information that is needed for these other companies to provide the services that you have requested, for example, shipment of your products. 

• Other third parties. Third parties, such as social sites (including Facebook and Instagram), to which you subscribe in order for you to link to them through our Website and view our content through those sites.  

• Business and marketing co-sponsors. Third parties with whom we co-sponsor marketing or events.  

• Legal compliance. As we believe is necessary to comply with applicable laws, statutes, or regulations, and/or to enforce this Privacy Policy and the Website Terms of Service and to protect our rights and the rights of others. And as required by a court or government agency or to respond to a claim by you or a third party. 

• Assignment/Corporate change. As part of a transfer of our assets, for example in the event of a merger, acquisition, corporate change or, in the unlikely event of a bankruptcy, involving RedCloud. 

Other Privacy Policies 

Any third parties to whom we may disclose Personal Information may have their own privacy policies that describe how they use and disclose Personal Information. Those policies will govern use, handling, and disclosure of Personal Information once we have shared it with those third parties as described in this Privacy Policy. If you want to learn more about their privacy practices, we encourage you to visit the websites of those third parties. 

Stripe 

We use the Stripe Identity Services for payment, analytics and other business services. By using our Website, you consent to Stripe collecting images and device information about you and/or your identity documents for use in identification and authentication. Stripe collects transaction and personally identifying information, which it analyzes and uses to operate and improve the services it provides to us, including for fraud detection. Stripe and Redcloud are independent controllers of your Personal Information. Stripe’s processing of your Personal Information is subject to the Stripe Privacy Policy. Note that (i) the Stripe Identity Services may include transmitting Personal Information outside of the United States; and (ii) may include the submission of your Personal Information to third-party service providers, including Governmental Authorities, for the purpose of verifying your identity. 

Your Choices With Respect to Your Personal Information 

In this section, we describe the rights and choices available to all users. 

• Opt-out of communications. You may opt-out of marketing-related emails by following the opt-out or unsubscribe instructions at the bottom of the email, or emailing us at customerservice@redcloudtechnology.com. Please note that if you choose to opt-out of marketing-related emails, you may continue to receive service-related and other non-marketing emails.   

• Cookies. For information about cookies employed on our Website and how to control them, see our Cookie Notice. 

• Do Not Track. Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We are not enabled to respond to “Do Not Track” signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com. 

• Testimonials. We display personal testimonials of satisfied customers on our site in addition to other endorsements.  With your consent we may post your testimonial along with your name.  If you wish to update or delete your testimonial, you can contact us at customerservice@redcloudtechnology.com. 

• Storage. If you would like us to delete the Personal Information you have provided to us, please contact us at customerservice@redcloudtechnology.com and we will respond in a reasonable time. Please note that some or all of this information may be required in order for you to make use of features available via the Website.  If you remove this information, you may no longer be able to use these features. 

• Declining to provide information. We need to collect Personal Information to provide certain services. If you do not provide the information we identify as required or mandatory, we may not be able to provide those services. 

Security Safeguards 

We recognize the importance of information security, and we are constantly reviewing and enhancing our security procedures. The Website and our servers have reasonable physical, technical, and administrative security measures in place to help protect your Personal Information against loss, misuse, and alteration while under our control.  All web traffic between RedCloud and you is encrypted in transit using secure socket layer technology (SSL).  In addition, electronically stored Personal Information is stored on a secure network with firewall protection and access to our electronic information systems requires user authentication via password or similar means. We also employ access restrictions, limiting the scope of employees who have access to Personal Information. However, you should be aware that no transmission of data over the Internet is guaranteed to be completely secure, and we cannot guarantee the security of any information you provide to us. 

Links to Other Websites 

The Website may provide links to other websites for your convenience and information. Third party websites that are accessed through links on the Website have separate privacy and data collection practices and security measures. We have no responsibility or liability for the practices, policies, and security measures implemented by third parties on their websites. We encourage you to contact them to ask questions about their privacy practices, policies and security measures before disclosing any personally identifiable information. 

International Data Transfers 

We are headquartered in the United States and may use service providers that operate in other countries. Your Personal Information may be transferred to the United States or other locations where privacy laws may not be as protective as those in your state, province, or country. 
If you are located in the EEA or the UK, please do not use this Website.  

Children 

Our Website is not directed towards minors, and we do not knowingly collect Personal Information from users under the age of 13 or from other websites or services directed at children. Consistent with the Federal Children’s Online Privacy Protection Act of 1998 (COPPA), we will not knowingly request or collect Personal Information from any child under age 13 without obtaining the required parental consent. While we do not seek to obtain, nor wish to receive, Personal Information directly from minors, we cannot always determine the age of persons who access and use our Website. If a minor provides us with his/her data without parental or guardian consent, we encourage the parent or guardian to contact us to have this information removed from our systems. 

European Privacy Rights Notice 

The Website is hosted in and provided from the United States and are intended for visitors located within the United States. If you use the Website from the European Union, Canada, or other regions with laws governing data collection and use that may differ from U.S. law, please note that you are transferring your Personal Information to the United States for storage and processing. The United States does not have the same data protection laws as the EU, Canada, and some other regions. Also, we may transfer your data from the United States to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating our business. By providing any information, including Personal Information, you consent to the transfer of that information to the United States and the use of your Personal Information, in accordance with this Policy.    

The information provided in this “Notice to European users” section applies only to individuals in the United Kingdom (“UK”) and the European Economic Area (“EEA”) (hereafter collectively referred to as “Europe” as defined at the top of this Privacy Policy). 

Personal Information. References to “Personal Information” in this Privacy Policy are equivalent to “personal data” governed by European data protection legislation – i.e., any information relating to an identified or identifiable natural person. It does not include “anonymous data” (i.e., information where the identity of individual has been permanently removed). 

Controller. RedCloud Technologies Inc. is responsible for your personal data. RedCloud is a corporation formed under the laws of the State of Delaware, United States of America, with offices in the U.S. For the purposes of European data protection legislation, your data will be controlled by RedCloud. 

Legal bases for processing. In respect of each of the purposes for which we use your Personal Information, the European data protection legislation requires us to ensure that we have a legal base for that use. The legal bases of our processing of your Personal Information as described in this Privacy Policy will depend on the type of Personal Information and the specific context in which we process it. However, the legal bases we typically rely on are set out in the table below. If you have questions about the legal basis of how we process your Personal Information, contact us at customerservice@redcloudtechnology.com: 

     1. Right of access: You have the right to ask us for copies of your Personal Information. 

2. Right to rectification: You have the right to ask us to rectify Personal Information you think is inaccurate. You also have the right to ask us to complete information you think is incomplete. 

3. Right to erasure: You have the right to ask us to erase your Personal Information in certain circumstances. 

4. Right to restriction of processing: You have the right to ask us to restrict the processing of your Personal Information in certain circumstances. 

5. Right to object to processing: You have the right to object to the processing of your Personal Information in certain circumstances. 

6. Right to data portability: You have the right to ask that we transfer the Personal Information you gave us to another organization, or to you, in certain circumstances. 

7. Right to withdraw consent at any time: Where we are relying on consent to process your personal data, you have the right to withdraw your consent at any time. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. 

Exercising These Rights. 

You may submit these requests by email to customerservice@redcloudtechnology.com or at the following postal address: Corporation Trust Center, 1209 Orange St. Wilmington, New Castle, 19801, Delaware. We may request specific information from you to help us confirm your identity and process your request. Whether or not we are required to fulfill any request you make will depend on a number of factors (e.g., why and how we are processing your Personal Information), if we reject any request you may make (whether in whole or in part) we will let you know our grounds for doing so at the time, subject to any legal restrictions. 

Onward transfer 

Except as otherwise provided in this Privacy Policy, we only disclose Personal Information to third parties who reasonably need to have access to it for the purpose of the transaction or activity for which it was originally collected or to provide services to or perform tasks or our behalf or under our instruction. All such third parties must agree to use such the Personal Information we provide to them only the purposes for which we have engaged them and they must either: (a) comply with a mechanism permitted by the applicable EU & Swiss data protection law(s) for transfers and processing of Personal Information; or (b) agree to provide adequate protections for the Personal Information that are no less protective than those set out in this Privacy Policy.  Where we have knowledge that an entity to whom we have provided Personal Information is using or disclosing Personal Information in a manner contrary to this Privacy Policy, we will take reasonable and appropriate steps to prevent, remediate or stop the use or disclosure. 

You can obtain further information or a copy of or access safeguards under which your Personal Information is transferred outside of the EEA and/or UK by contacting us at Corporation Trust Center, 1209 Orange St. Wilmington, New Castle, 19801, Delaware, USA. 

Profiling 

We may analyze Personal Information we have collected about you to create a profile of your interests and preferences so that we can contact you with information that is relevant to you.  We may make use of additional information about you when it is available from external sources to help us do this effectively.  We may also use Personal Information about you to detect and reduce fraud and credit risk.   

If you have questions or complaints regarding this Policy or our handing of your Personal Information, please contact customerservice@redcloudtechnology.com.  We will promptly investigate and attempt to resolve complaints and disputes in a manner that complies with the principles described in this Privacy Policy. Residents of Switzerland should contact us with questions at the same address. 

Enforcement and disputes 

We commit to resolve complaints about your privacy and our collection or use of your Personal Information.  If you do not receive timely acknowledgement of your request or have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact us as set out in the Contact Us section below.   

In addition to the above, you may complain to your home data protection authority and can invoke binding arbitration for some residual claims not resolved by other redress mechanisms.  Contact details for the EU data protection authorities can be found at http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm 

Updates to the Privacy Policy 

We may amend this Privacy Policy from time to time, without notice to you, in order to meet changes in the regulatory environment, business needs, or to satisfy the needs of our visitors, properties, strategic marketing partners, and service providers. Updated versions will be posted to the Website and the “last updated” date at the top of this Privacy Policy will be revised so that you are always aware of when the Privacy Policy was last updated. If we materially change how we use your Personal Information, we will notify you and request your consent before using the Personal Information in a different manner. 

Contact Us 

If you have any questions about our Privacy Policy or this Website, you may contact: 

Us-support@red101.com 

RedCloud Technologies Inc. 

Corporation Trust Center 

1209 Orange St. Wilmington 

New Castle, 19801, Delaware