If You are a Business User that has entered into an agreement with AtomicTax, Your use of our Services is also subject to those agreed terms. If You are a Customer, Your agreement with the relevant Business User should explain how the Business User collects, uses, and shares Your Personal Data. If You have questions about the Business User’s Personal Data practices, then You should direct those questions to that Business User.
1. Personal Data Collection
We may collect a variety of Personal Data from or about You or Your devices from various sources, as described below. If You do not provide Your Personal Data when requested, You may not be able to use our Services if that information is necessary to provide You with our Services or if we are legally required to collect it.
A. Personal Data You Provide
Registration. If You are a Business User, when You register for an account to use our Services as a developer or an administrator, we ask You for Your Personal Data, including Your name, phone number, and email address.
Communications. If You contact us directly, we may receive additional Personal Data about You. For example, when You contact us for a demo or for support, we will ask for Your name, company name, phone number, email address, and Your request, and other information You communicate to us. If You subscribe to our newsletter, we will ask for Your name and contact information, such as email address.
Tax Services. When Business Users use our Services, we collect the following information about their business and/or their Customers in order to calculate the applicable sales tax, including:
Tax identification number,
Business information, as well as the Business User’s online transaction history and sales taxes collected,
Total previous tax payments,
Other relevant information needed to process the Business User’s tax returns
B. Personal Data We Collect Automatically
Location Information. For Business Users and Visitors, when You use our Services, we may infer Your general location information. For example, Your IP address may indicate Your general geographic region.
Device Information. For Business Users and Visitors, we receive information about the device and software You use to access our Services, including internet protocol (IP) address, web browser type, operating system version, and device identifiers.
Usage Information. For Business Users and Visitors, to help us understand how You use our Services and to help us improve them, we automatically receive information about Your interactions with our Services, such as date and time of Your sessions, the pages You view, links to/from any page, and time spent in a session.
C. Personal Data We Receive from Others or Infer
From Business Users. For Customers, we receive Personal Data about You from our Business Users so that we can provide services to our Business Users. The information we typically receive includes name and email address.
From Partners. For Business Users, we may receive additional Personal Data about You from third parties, such as data from marketing partners, and combine it with other information we have about You.
2. Personal Data Uses
We use the Personal Data we collect:
For Visitors, Business Users and Customers:
To provide, maintain, debug, improve, and enhance our Services;
To understand and analyze how You use our Services, and develop new products, services, features, and functionalities;
To understand and analyze usage patterns of our Services;
To find and prevent fraud, and respond to trust and safety issues that may arise in providing our Services;
For compliance purposes, including enforcing our Terms of Service or other legal rights, or as may be required by applicable laws and regulations or requested by any judicial process or governmental agency; and
For other purposes for which we provide specific notice at the time the Personal Data is collected.
For Visitors and Business Users
To advertise to You, including targeted advertising, and to measure Your engagement with those ads; and
To send You marketing and other communications via email, SMS messages, push notifications or other means (with the ability to opt out of marketing communications as provided in Your Rights and Choices section below).
3. Sharing Personal Data
We do not share or otherwise disclose Personal Data we collect from You except as described below or otherwise disclosed to You at the time of the collection.
Vendors and Service Providers. We may share any Personal Data we receive with vendors and service providers retained in connection with the provision of our Services.
Analytics Partners. We use analytics services such as Google Analytics to collect and process certain analytics data.
Advertising and Marketing Partners. We do not rent, sell, or share Personal Data about You with non-affiliated companies for their direct marketing purposes unless we have Your permission. We do work with third-party advertising partners to show ads that we think may interest You. See the section Your Rights and Choices for details for how to opt-out or set Your preferences regarding advertising and marketing.
As Required by Law and Similar Disclosures. We may access, preserve, and disclose Your Personal Data if we believe doing so is required or appropriate to: (i) comply with law enforcement requests and legal process, such as a court order or subpoena; (ii) respond to Your requests; or (iii) protect Your, our, or others’ rights, property, or safety.
Merger, Sale, or Other Asset Transfers. We may disclose and transfer Your Personal Data to service providers, advisors, potential transactional partners, or other third parties in connection with the consideration, negotiation, or completion of a corporate transaction in which we are acquired by or merged with another company or we sell, liquidate, or transfer all or a portion of our business or assets.
Consent. We may also disclose Personal Data with Your separate permission.
4. Personal Data Handling Practices
A. Retention. We take measures to delete Your Personal Data or keep it in a form that does not permit identifying You when such information is no longer reasonably necessary for the purposes for which we process it, unless we are required by law to keep such information for a longer period. When determining the specific retention period, we take into account various criteria, such as the type of service provided to You, the nature and length of our relationship with You, and mandatory retention periods provided by law and the statute of limitations.
B. Security. We make reasonable efforts to protect Your Personal Data by using physical and electronic safeguards designed to secure the Personal Data we maintain. However, because no electronic transmission or storage of Personal Data can be entirely secure, we can make no guarantees as to the security or privacy of Your Personal Data.
C. Location. Our Services are hosted in the United States (“US”) and intended for Visitors and Business Users located within the US or attempting to calculate US sales tax. Personal Data may be stored and processed in the US or any other any country where we or our service providers do business. These countries may have data protection rules that are different from Your country. When transferring data across borders, we take measures to comply with applicable data protection laws related to such transfer. If You are located in the European Economic Area (“EEA”), the UK or Switzerland, we comply with applicable laws to provide an adequate level of data protection for the transfer of Your Personal Data to the US. Where applicable law requires a legal mechanism for data transfers, we use one or more of the following: EU Standard Contractual Clauses, verification that the recipient has implemented Binding Corporate Rules, or other legal method available to us under applicable law.
D. Children’s Privacy. We do not knowingly collect, maintain, or use Personal Data from children under 16 years of age, and no parts of our Services are directed to children. If You learn that a child has provided us with Personal Data, please alert us as provided in the Contact Information section below.
5. Your Choices
If You choose not to provide us with the Personal Data we collect, some features of our Services may not work as intended.
A. Marketing Communications. You can unsubscribe from our promotional emails and SMS messages by following the directions in the messages You receive. Even if You opt out of receiving promotional messages from us, (1) if You are a Business User, You will continue to receive administrative messages from us related to Services, and (2) if You are a Customer that has sought information or support from us, we may continue to contact You regarding that matter.
6. Your Privacy Rights Granted by Law
When it comes to privacy, we comply with applicable laws, including where those laws grant You rights with respect to Your Personal Data
A. European Privacy Rights and Notices. If You are located in the EEA, UK, or Switzerland, the following applies to You.
Data Subject Rights.
Where we have relied on consent as a legal basis, You can withdraw Your consent any time for future processing, free of charge;
You can request access to, and rectification or deletion of, personal data;
You can request to transfer or receive a copy of the personal data in a usable and portable format;
You can object to, or obtain a restriction of, the processing of personal data under certain circumstances.
You may exercise these rights by contacting us as provided in the Contact Information section below. When we are processing data on behalf of another party that is the “data controller,” You should also direct Your request to that party. You have the right to lodge a complaint with a supervisory authority, but we encourage You to first contact us with any questions or concerns. Before fulfilling Your request, we may ask You to provide reasonable information to verify Your identity.
Please note that there are exceptions and limitations to each of these rights, and that while any changes You make will be promptly reflected in active user databases or within a reasonable period of time, we may retain Your Personal Data for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so.
Legal Bases For Processing.
We only process Your Personal Data when we have a valid legal basis, including when:
Contractual Necessity. We need Your Personal Data to provide Services. For example, we may process Your Personal Data where necessary to provide Business Users the Services or respond to Your inquiries.
Compliance with a Legal Obligation. We have a legal obligation to use Your Personal Data. For example, we may process Your Personal Data to comply with tax and accounting obligations.
Legitimate Interests. We have a legitimate interest in processing Your Personal Data. Specifically, we have a legitimate interest in processing Your Personal Data for product development and internal analytics purposes, and otherwise to improve the safety, security, and performance of our Services. We only rely on our or a third party’s legitimate interests to process Your Personal Data when these interests are not overridden by Your rights and interests.
B. California Residents. If You are a California resident, see below for information about Your privacy rights and choices under California law.
Collection and Use of Personal Data
Sources of Personal Data
Purposes of Collecting Personal Data
Disclosure of Personal Data
Recipients of Personal Data
Your California Privacy Rights. As a California resident, You may be able to exercise the following rights under the CCPA in relation to Your Personal Data (subject to certain limitations at law)