TERMS AND CONDITIONS
These Terms of Service govern your use of the website located at https://universell.us/, https://universal.mybmr.com and any related services provided by Universell.
By accessing https://universell.us/ and https://universal.mybmr.com you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from using or accessing the websites or using any other services provided by Universell.
We, Universell, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms of Service will take effect immediately from the date of publication.
These Terms of Service were last updated on August 16, 2022.
Limitations of Use
By using the websites, you warrant on behalf of yourself, your users, and other parties you represent that you will not:
- modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on the websites;
- remove any copyright or other proprietary notations from any materials and software on the websites;
- transfer the materials to another person or “mirror” the materials on any other server;
- knowingly or negligently use the websites or any of its associated services in a way that abuses or disrupts our networks or any other service Universell provides;
- use the websites or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
- use the websites or its associated services in violation of any applicable laws or regulations;
- use the websites in conjunction with sending unauthorized advertising or spam;
- harvest, collect, or gather user data without the user’s consent; or
- use the websites or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.
Intellectual Property
The intellectual property in the materials contained in the websites are owned by or licensed to Universell and are protected by applicable copyright and trademark law. We grant our users permission to download one copy of the materials for personal, non-commercial transitory use.
This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or the Terms of Service, and may be terminated by Universell at any time.
Liability
Our websites and the materials on our websites are provided on an 'as is' basis. To the extent permitted by law, Universell makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.
In no event shall Universell or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use the websites or the materials on the websites, even if Universell or an authorized representative has been notified, orally or in writing, of the possibility of such damage.
In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise.
Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Accuracy of Materials
The materials appearing on our websites are not comprehensive and are for general information purposes only. Universell does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on the websites, or otherwise relating to such materials or on any resources linked to the websites.
Links
Universell has not reviewed all of the sites linked to its websites and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval, or control by Universell of the site. Use of any such linked site is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.
Right to Terminate
We may suspend or terminate your right to use our websites and terminate these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.
Severance
Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.
Governing Law
These Terms of Service are governed by and construed in accordance with the laws of Florida, USA. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
PRIVACY POLICY
DATE: August 16, 2022
MyBMR Privacy Policy describes MyBMR's general practice regarding privacy pertaining to customer's use of MyBMR's website, applications and software, “software”; the rights available to individual users, "users", regarding the personal data,”PD” they provide us. Personal Data,”PD” provided by individuals using our applications, website and software is known as identifiable data. MyBMR may update this Privacy Policy from time to time as needed.
User may request a copy of the data provided by user to MyBMR at any time by contacting us via email: [email protected]
Please provide the following information:
Name of MyBMR’s websites, applications and/or software used:
The name of the Service provider, such as Merchant, ISO office name or other entity name through which you have interacted with a MyBMR websites, applications and/or software (provide best description):
Country where you are based:
First Name:
Last Name:
Email address:
Below, we will address privacy requirements separately as they pertain to the Country and state of residence;
California Residents
As defined in the California Consumer Privacy Act of 2018, or “CCPA”, this notice will provide description as to how MyBMR collects, uses and shares personal information. You will also be able to review your rights by researching “California Consumer Privacy Act of 2018, or CCPA”. You can always request a copy of the personal information that MyBMR maintains about you as well as the deletion of such information. MyBMR will always make its best effort to expediently respond to any such request. MyBMR will provide all users a similar user experience weather they have asked us to delete their personal information or not. However, according to the CCPA, MyBMR may charge a different price if the deletion of the personal information requires MyBMR to create an alternative user experience or quality of service to cater to such scenarios where personal information is not available. Should you have any specific request regarding information used by Mybmr please contact us via email:
Please provide the following information
Name of MyBMR’s websites, applications and/or software used:
The name of the Service provider, such as Merchant, ISO office name or other entity name through which you have interacted with a MyBMR websites, applications and/or software (provide best description):
Country where you are based:
First Name:
Last Name:
Email address:
If you have assigned a third party, “authorized agent”, to place the request on your behalf, then we will require written authorization provided by you, prior to responding to any request about your personal information. If you are the parent of a child and you are requesting to have their personal information removed we will need information validating the same included in the request as well as a note specifying that you are requesting the information of your child under 13 years of age to be removed or edited.
NOTE: Once the information is received by MyBMR it will be investigated and responded to in a timely manner, our response may entail reaching out to you by phone, email, text or mail to confirm your request and your identity, interaction with any of the MyBMR’s websites, applications and/or software.
You may inquire as to how MyBMR has collected and used your personal information during the past twelve months. In general, you may inquire as to the sources, categories of sources, categories of personal information, the process of collecting, the commercial purpose for collecting or sharing your personal information, information sold to other entities and if it was sold (MyBMR does not sell personal information to other entities), which entities MyBMR shares your personal information with, the purpose they shared the information with the entity and the category of information provided. Additional inquiries may be made by you as noted in the “California Consumer Privacy Act of 2018, or CCPA”
1. The personal data,”PD” we collect
MyBMR collects personal information about individuals from the individual’s own input of data into our website, applications and/or software from information provided by any of our referring customers, third party resellers, users, ISOs, integrated POS systems, Independent Service Providers, vendors, merchants, merchant’s employees. When a user interacts with any of our website, applications and/or software products MyBMR will collect information about the interactions, the user, the employee that entered your information, the system used, the browser and device used to interact, the geographical location of the interaction, date and time, IP, information about the products sold and the third party provider. When applicable, MyBMR may also collect personal information entered such as the name of client, phone number, email, address, country of origin, marital status, gender social media information provided, point balance for rewards and loyalty programs, gift card balance, interests, date of birth, feedback, reviews, referrals, preferences, shopping trends, response to marketing, opt out requests, opt-in requests surveys, security questions and validations, government-issued identification numbers such as national identification number, a Social Security Number, tax identification number, driver’s license or other government identification such as passport number, state or local identification number.
If applicable, MyBMR will indicate whether and why individuals must provide us with personal data ,”PD” as well as the consequences of failing to do so.
Through the use of MyBMR’s websites, applications and/or software MyBMR will collect and allow merchants to collect information about their customers. Whereby, MyBMR will provide tools for merchants to market their products operate their business and offer promotional programs to customers.
Merchant may provide MyBMR with information about their business, ownership, business customers such as customer name, phone number, email, address, social media information and other personally identifiable information needed to utilize the specific application used. In addition, merchants may provide personally identifiable information about their employee or require their employees to use one of our applications. Whereby employees will enter their name, title, phone number, email, address, social media credentials, government issued ID and other personally identifiable information as needed.
The personal information that you provide directly or indirectly to MyBMR will be used in the following ways:
- Business purposes and communication: To provide services or information you requested, to communicate with you for business or customer service reasons, or for other such reasons such as changes to our policies or in response to your inquiry
- To facilitate payment for services or provide refunds
- To comply with legal, regulatory, or fiscal obligations, or in connection with litigation or an internal investigation or audit
- To personalize your advertising experience when visiting our sites, and to manage details about your accounts when security updates are available, or when an action is required to keep the account active
- To perform data analyses and other processing for marketing purposes
- To offer opportunities to participate in surveys and provide feedback to us
- To respond to and comply with outside requests initiated by you, as well as in response to legal requests
- To evaluate internal controls and audits for compliance
- To provide customer, business owners and their employees the ability to interact with our software in a functional and beneficial way.
- Facilitate the functionality to market, announce, and promote information and products to customers, employees by the business that they are interacting with.
- Market, announce, and promote information, products, software to users and potential users of MyBMR’s software.
- Comply with legal requirement where applicable
- Protect our software from being used for illegal purposes, being copied, dismantled, hacked or altered in any way practically or for uses which it is not intended for.
- Providing support, assistance, help to anyone interacting with MyBMR’s software.
- Maintain the highest standard in operational management
- Retain information above user’s interaction, session history, device used in order to provide the best user experience.
- Complete transaction needed to maximize the use of the software provided by MyBMR
- Based on the customer’s interaction, evaluate improvements needed in MyBMR’s application to improve functionality.
- Communicate with customer’s via email, SMS, chat and mail
- Promote products and services offered
- Provide reporting, historical data, statistic to you and the companies using MyBMR’s software
- Verifying the user information utilizing MyBMR’s software.
- Interacting with you and business owners, employees suing our software.
Data Retention:
Your personal information will be retained only for so long as reasonably necessary for the purposes set out above, considering criteria such as applicable rules on statute of limitations, legal requirements and the duration of your use of MyBMR’s websites, applications and/or software and receipt of our Services. MyBMR takes the privacy of personal information seriously and limits access to data to specific personal on a need to know basis, with limited access. All personal are vetted and required to complete non-disclosure agreements prior to accessing any data.
International Transfers of Personal Data
The nature of MyBMR’s business means that the Personal Data ,”PD” collected through our websites, applications and/or software will be transferred to the United States. Also, the MyBMR’s personnel and some of the third-parties to whom we disclose Personal Data ,”PD” may be located in the United States and other countries outside of the European Union or Switzerland, including in countries which may not provide the same level of data protection as your home country. We take appropriate steps to ensure that recipients of your Personal Data ,”PD” are bound to duties of confidentiality and we implement measures such as standard data protection contractual clauses to ensure that any transferred Personal Data ,”PD”, remains protected and secure.
Third Party links
MyBMR May provide additional links to resources that may be useful to the user. These links will lead you to sites that are not affiliated with MyBMR and may operate under different privacy practices. MyBMR’ websites, applications and/or software users are responsible for reviewing the privacy policies for those websites. MyBMR, has no control over information that is submitted to these companies.
Controller of Personal Information
To the extent that MyBMR is subject to the laws of the European Union and Switzerland when processing personal data ,”PD” (“Personal Data”), it shall be the “data controller” under such laws. If you have any questions regarding this privacy policy you may contact [email protected] as stated above in this Privacy Policy. Make sure to provide the requested information stated above along with you request.
Please provide the following information
Name of MyBMR’s websites, applications and/or software used:
The name of the Service provider, such as Merchant, ISO office name or other entity name through which you have interacted with a MyBMR websites, applications and/or software (provide best description):
Country where you are based:
First Name:
Last Name:
Email address:
Legal Basis for Processing Data
We process Data for the purposes set out in this Privacy Policy, as described above. Our legal basis to process Personal Data,”PD” includes processing that is:
- necessary for the performance of MybMR’s websites, applications and/or software, to provide you with other services that you request, or for resolving billing or customer service inquiries related to your use of our Services
- necessary to comply with legal requirements, accounting rules.
- necessary for our legitimate interests such as to manage our relationship with you and to improve the software and our Service. To offer you additional services in line with the interests you have expressed and with our legitimate interests.
- to protect the vital interests of you or another person
- where legally required and we have no other valid legal basis to process Personal Data ,”PD”, we will use consent by our customers (for Example; to provide you with marketing information or share
information with third parties), which may subsequently be withdrawn at any time (by emailing [email protected]) without affecting the lawfulness of processing based on consent before its withdrawal.
In some instances, you may be required to provide us with Personal Data ,”PD” for processing as described above, in order for us to be able to provide you all of our Services, and for you to use all the features of our websites, applications and/or software. We may also use personal data,”PD” for reasons not describe in this herein. Whereby, the reasons are permissible under the law and compatible for the purpose for which we collected the personal data,”PD”.
Your Rights
As described above in the “Local Laws” section, under data protection laws in the European Union and Switzerland, you have certain rights related to your Personal Data,”PD”.
You may be entitled to exercise the right to:
- object to the processing of Personal Data,”PD” (Example; where the basis of our processing is our legitimate interests, see section above “Legal Basis for Processing Data”), and we will stop processing your data. We will not resume processing unless we can establish compelling legitimate grounds that override your rights.
- request the restriction of processing of your Personal Data,”PD” (Example; this can be done if the Personal Data ,”PD” is not accurate and needs to be updated). This can also be done in relation to data where the purposes of processing no longer apply, but you still need the data and do not want us to erase it.
- request updating of your Personal Data,”PD” (if you believe the information we have about you is not accurate or incomplete). You may ask us to update your Personal Data,”PD” but we cannot modify it for previously completed transactions because that is the official record of the transaction.
- Request access to your Personal Data,”PD” (Example; if you wish to receive a copy of your information, confirmation as to whether we are processing your information, and information as to how we use your information), You may request access strictly to your Personal Data,”PD”.
- You may request deletion of your Personal Data ,”PD” (Example; if we have no legal basis to process the information and you have not given us your consent to do so, if the purposes of processing no longer apply, or if you have objected to the processing and we cannot establish compelling legitimate grounds to override your rights). Certain data may not be erased if we have a requirement to retain it for legal purposes, (as we need to be able to perform contractual obligations owed to you). You may ask us to delete your Personal Data,”PD”, but we cannot do so if you have a pending transactions under your personal name in our software.
- request portability of your own Personal Data,”PD” (the transfer of information you have provided to us, to another controller, in a structured, commonly used and machine-readable format), if such a request is technically possible to complete.
To make such request please email [email protected]
Please provide the following information
Name of MyBMR’s websites, applications and/or software used:
The name of the Service provider, such as Merchant, ISO office name or other entity name through which you have interacted with a MyBMR websites, applications and/or software (provide best description):
Country where you are based:
First Name:
Last Name:
Email address:
If you have assigned a third party, “authorized agent”, to place the request on your behalf, then we will require written authorization provided by you, prior to responding to any request about your personal information. If you are the parent of a child and you are requesting to have their personal information removed we will need information validating the same included in the request as well as a note specifying that you are requesting the information of your child under 13 years of age to be removed or edited.
NOTE: Once the information is received by MyBMR it will be investigated and responded in a timely manner, our response may entail reaching out to you by phone, email, text or mail to confirm your request, your identity and interaction with any of the MyBMR websites, applications and/or software.
When we receive a request, we will indicate what additional Personal Data ,”PD” we require from you to validate your identity in addition to the information stated above. We will also provide information on the action we intend to take on the request in accordance with applicable law.
We will respond to your request as soon as possible and no later than 30 days from receipt of the request. In certain circumstances this time may be extended by an additional two months if such requests are complex or onerous.
Changes to this Privacy Notice
MyBMR may modify its Privacy Policy at any time by posting the updated policy showing the latest date of update of the policy on our websites, applications and/or software together with the newly updated policy or via email. In any case, continued use of MyBMR’s websites, applications and/or software indicates your acceptance of the Privacy policy and updates to it.