These terms govern your use of PerkTrak, a loyalty and rewards platform operated
by PerkTrak ("we", "us"). By creating an account or using the service you agree to
these terms.
1. The service
PerkTrak provides digital loyalty stamp cards and points-based rewards campaigns.
You configure and run your own programmes; we provide the software. We may improve
or change features over time, and will give reasonable notice of changes that
materially reduce the service.
2. Your account
- You must provide accurate information and keep your credentials secure.
- You are responsible for activity under your account, including staff accounts
you create.
- You must be authorised to act for the business you register.
3. Subscriptions and billing
- Paid plans are billed in advance, monthly or annually, through our payment
provider Stripe. Prices are shown at checkout.
- New subscriptions include a 14-day free trial. You can cancel during the
trial and pay nothing.
- You can cancel at any time from the billing portal; monthly plans end at the
close of the billing period. Annual plans are refunded pro-rata for unused
whole months.
- If payment fails we will retry; continued failure may lead to suspension of
the service.
4. Your customers and your responsibilities
- You are the data controller for your customers' personal data collected
through your loyalty programmes; we process it on your behalf.
- You must run your programmes lawfully, including obtaining any consents your
customers' participation requires.
- You are responsible for honouring the rewards you offer.
5. Acceptable use
You must not use PerkTrak to send spam, infringe others' rights, attempt to
breach security or tenant isolation, or run unlawful promotions. We may suspend
accounts that do.
6. Data
You can export your customer data at any time from the admin. On cancellation
your data is retained for 90 days, then deleted. See the
Privacy Policy for details.
Data-protection requests — including a participant's right to erasure — can be
directed to dpo@perktrak.com,
and we will help you action them for your customers.
7. Availability and liability
We aim for high availability but the service is provided "as is" without
warranty of uninterrupted operation. To the extent permitted by law, our total
liability in any 12-month period is limited to the fees you paid in that period.
Nothing in these terms limits liability that cannot be limited by law.
8. Termination
You may stop using the service at any time. We may terminate accounts for
material breach of these terms with reasonable notice where practicable.
9. Changes to these terms
We may update these terms; material changes will be notified by email at least
14 days before they take effect. Continued use after that constitutes acceptance.
10. Governing law
These terms are governed by the law of England and Wales, and disputes are
subject to the exclusive jurisdiction of its courts.
11. Data processing (our role as your processor)
Where we process personal data about your customers on your behalf — for
example participants in your loyalty programmes — you are the controller and we
are your processor. This section forms our data processing agreement under
Article 28 of the UK GDPR.
- Instructions. We process that data only to provide the
service and on your documented instructions (including these terms), unless
the law requires otherwise.
- Confidentiality. Anyone we authorise to process the data is
bound by a duty of confidentiality.
- Security. We maintain appropriate technical and
organisational measures to protect the data (see our
Privacy Policy).
- Sub-processors. You authorise us to use the sub-processors
listed in our Privacy Policy (Railway, Stripe, Brevo, Cloudflare, Sentry,
Porkbun). We will give notice of any intended change and remain responsible
for their compliance.
- Assistance. Taking account of the nature of processing, we
help you respond to data-subject requests and meet your security,
breach-notification and impact-assessment obligations.
- Breach. We notify you without undue delay after becoming
aware of a personal-data breach affecting your data.
- Deletion. On termination we delete or return your customer
data as described in section 6, unless the law requires us to keep it.
- Records & audits. We make available the information
reasonably needed to demonstrate compliance with this section.
- International transfers. Where data is transferred outside
the UK, we rely on an appropriate safeguard, as described in our Privacy
Policy.
What we process, for what purposes and for how long is set out in our
Privacy Policy.