Merchant agreement

The service

We provide a digital stamp card for your business: tags and QR codes customers tap or scan, customers’ cards and rewards, a console for you and your team, and, when you choose, text offers. The service is in a pilot phase. It may change, and features can be added or removed. We will tell you in the console before a change that affects how you use it.

• You decide your own stamp rules, rewards, prices and who on your team may do what. We don’t set or guarantee them.
• You are responsible for honouring the rewards your card promises to your customers.

Fees

[[OWNER: pilot fees: free during the pilot, or the monthly amount invoiced by hand, and how long the pilot runs]]

We will give you at least [[OWNER: notice period, for example 30 days]] of written notice before any charge starts or changes. Text messages are limited by a monthly allowance shown in the console. [[OWNER: monthly text allowance during the pilot]]

Your account and team

• The owner is the person who creates the business. Owners can invite people as admins, managers, staff or analysts; each role can do only what the console shows for it.
• You sign in with your phone number and a code we text you. Where we offer it, you can also sign in with an email address, a password and an authenticator app. We store your email address, a scrambled form of your password (never the password itself), and your authenticator secret and recovery codes in encrypted form. Owners, admins and managers of a business can see the phone number and verified email address of each team member.
• You are responsible for everything done under your business account, including by your team. Invite only people you trust, remove people when they leave, and keep your phone, password and authenticator secure.
• Tell us right away if you think someone else has access.
• If you lose your phone or authenticator, our support staff can help you recover access after checking who you are. Support staff can look up an account by its exact phone number, see it, end its sessions, change its phone number or reset its authenticator. Each of these actions is recorded.

Your customers’ information

The console shows you the people who joined your card: their phone number (in full to owners, admins and managers; only the last 4 digits to other staff), their first name, and what happened on your card. Your customers share this with your business only. You agree to:

• use it only to run your loyalty card and your own customer service, and not to sell it, share it with others, or combine it with other lists;
• keep it private and secure, and not copy it out of the service except by the export described below;
• never contact a customer by text through any other tool because of their number from this service, unless you have their permission under Canada’s anti-spam law;
• pass on to us any request from a customer about their information that we can act on (customers can also delete their own account at any time, which removes their name and number from your list).

A customer who deletes their account stays in your list as a “Deleted customer” with their history, without a name or number. Your own list of blocked numbers is yours: we only store it for you. [[OWNER: confirm with counsel whether, for customers’ information, the business and NAND are each responsible for their own part, or NAND acts only on the business’s behalf]]

Text offers

You can send text offers only to customers who ticked the box to say yes to your business. The service enforces this and lets you send offers only between 9 a.m. and 9 p.m. in your business’s time zone, with your business’s name and an opt-out link in every message. The opt-out link keeps working for at least 60 days. Replying STOP stops a customer’s offers from every business. You agree to:

• keep your contact details and mailing address in Settings correct, because they are shown to customers when they agree to offers;
• send only honest, lawful offers about your own business, and nothing that is harassing, misleading or unlawful;
• follow Canada’s anti-spam law (CASL) and the rules of the telephone and messaging providers we use, including when you write your own wording. You are responsible for what you send.

If you leave “Your reward is ready” texts on (they are on unless you turn them off), the service texts a customer when a reward becomes available, at most one per customer and business per day. These texts are not limited to the 9 a.m. to 9 p.m. window, and they carry a link that stops them. They contain facts only, not promotions. [[OWNER: counsel to confirm that these reward texts qualify for an exception to the consent rule, and confirm their exact wording]]

[[OWNER: counsel to confirm who counts as the sender of offers under CASL, and what identification and contact details the texts and the page behind the opt-out link must show]]

We keep a record of each customer’s consent choices (the date, how they chose, and which wording they were shown, with no phone number), also after an account or a business is deleted, so that a complaint can be answered. [[OWNER: retention schedule to be confirmed with counsel]] We may pause or limit texting for your business if a message breaks these rules or the providers’ rules, or draws complaints.

Acceptable use

You agree not to:

• give out stamps or rewards you didn’t intend to, create false customers, or let the service be used to cheat other customers;
• use another business’s name, logo or tags, or upload a logo you don’t have the right to use;
• try to access another business’s or customer’s information, probe or overload the service, or work around its limits;
• use the service for anything unlawful.

Logos you upload must be ones you have the right to use. We remove the hidden information (metadata) from an uploaded image and store it so that your card can show it. You give us permission to show your business’s name and logo on your card and to your customers.

Your business’s data

Your business’s information, your customers’ activity on your card and the offers you write belong to you, as between you and us. We store and process them only to provide the service to you, as our privacy notice describes. We don’t sell them or use them for anyone else’s marketing.

We may use totals that don’t identify a business or a person to run and improve the service. Our staff may look at your business’s information only to run, support and protect the service, and we record when our staff look at a person’s account. [[OWNER: confirm with counsel the wording about our staff’s access to your data]]

Leaving

• You can close your business at any time: the owner opens Settings, chooses Close this business, and types the business’s name. The card stops working for customers and queued texts stop.
• For 30 days after closing, the owner can download all the business’s data as a file and can reopen the business. After 30 days the business’s data is deleted for good and can’t be restored: its customers’ cards, stamps, rewards, campaigns, settings, uploaded logo and team list. We keep the record of text-offer consents, our security records, and the record that your business accepted this agreement (the versions, the times and who accepted, without the text). Your customers keep their own accounts and their cards at other businesses. People on your team keep their own sign-in accounts until they delete them or the account has been unused for 2 years. [[OWNER: retention schedule to be confirmed with counsel]]
• Our database provider keeps short-term backups, so deleted information can remain in them for a short time: on our current plan, a change history of about 6 hours and one daily backup that is replaced each day. [[OWNER: confirm the backup plan and window at launch]]
• We may suspend or close your business if you break this agreement or put customers or the service at risk, and we will tell you why. While a business is suspended, its team cannot open the console, customers cannot see its card or collect stamps, waiting texts are not sent, and nothing is deleted. [[OWNER: suspension process and notice]]
• We may end the pilot or the service with [[OWNER: notice period]] of written notice; you will then have the same 30 days to download your data.

Availability and support

We work to keep the service running, but during the pilot we don’t promise it will always be available or error-free. A stamp that didn’t record can be added by your team afterwards. Support is by email at support@nandloyalty.ca, Weekdays, 9 a.m. to 5 p.m. Central Time (Winnipeg).

Our responsibility

[[OWNER: warranty disclaimer, limitation of liability and indemnity wording, to be written or reviewed by a lawyer]]

General

• This agreement is governed by the laws of [[OWNER: confirm province, Manitoba]] and the federal laws of Canada that apply there. [[OWNER: confirm the area where the pilot will run]]
• We may update this agreement. We will tell you in the console and give you [[OWNER: notice period]] before a change that matters to you takes effect. The owner will be asked to accept the new version; if you don’t agree, you can close your business.
• If a part of this agreement can’t be enforced, the rest still applies.

Contact us

Questions about this agreement: email support@nandloyalty.ca (Weekdays, 9 a.m. to 5 p.m. Central Time (Winnipeg)).

Company: [[OWNER: legal name]]