1. Who is responsible for what
There are two different kinds of personal information in Kessel and we hold them in two different capacities. Getting this the wrong way round is the most common mistake in a policy like this, so it is the first section.
| Data | Whose | Our role |
|---|---|---|
| Your account: the people at your business who sign in, your business details, your billing records | Yours, and your staff’s | We are the controller. This policy describes what we do with it. |
| Your customers: names, contact details, order history, house accounts, loyalty records | Your customers’ | You are the controller and we are your processor. We act on your instructions and we do not use it for our own purposes. |
If you are a customer of a business that uses Kessel and you want your data corrected or deleted, contact that business. We will help them act on it, but we cannot act on their data without them.
2. What we collect and why
| Category | Examples | Why | Kept for |
|---|---|---|---|
| Account | Name, work email, phone, password hash, role, business name and address | To create and secure your account and to support you | Life of the account, then 90 days |
| Billing | Subscription state, invoices, payment method token, hardware plan balances | To charge the $49, to run hardware plans, and to meet tax and accounting law | 7 years, as tax law requires |
| Transaction | Orders, line items, tenders, refunds, tips, ledger entries, receipts | To run your business and produce your books | Life of the account, then 90 days, except records we must retain |
| Your customers’ records | Whatever you choose to record: name, email, phone, order history, house-account balance | Only to provide the service to you | Until you delete it or close the account |
| Technical | IP address, device and browser, timestamps, error reports, API request logs | Security, fraud prevention, debugging and abuse investigation | 90 days for logs, 12 months for security events |
| Support | Emails you send us and our replies | To answer you and to keep a record of what was agreed | 3 years |
We do not collect biometric data, precise geolocation, or special categories of data such as health or political opinions, and we ask you not to store them in free-text fields either.
3. Card data never reaches us
A card number never touches a Kessel server. On a reader the card data goes from the certified Stripe Terminal hardware to Stripe. On the web it goes from Stripe’s own fields in your browser to Stripe. What we store is what Stripe gives back: a token, the last four digits, the brand, the expiry, the entry method and the approval result.
This is why Kessel has no PCI fee. Keeping card data out of a system entirely is cheaper and safer than protecting it inside one, and it is the only reason we can say what this section says.
In the card industry’s own language, that arrangement is SAQ-A: all card handling outsourced to a validated third party, with our own systems neither storing, processing nor transmitting a card number. SAQ-A is a self-assessment rather than a certificate somebody issued us, and it is described in full, along with what we do NOT hold, on usekessel.com/subprocessors/.
4. How we use it
- To provide the service you signed up for.
- To bill you, and to collect hardware plan amounts out of volume.
- To detect and prevent fraud, abuse and unauthorised access.
- To support you when you ask, and to tell you about outages, security issues, billing and material changes to these documents. Those are service messages and you cannot unsubscribe from them while you have an account.
- To meet legal, tax, accounting and card-network obligations.
- To produce aggregated, de-identified statistics that cannot identify you or your customers.
Marketing email is opt-in and every message has a working unsubscribe link. Unsubscribing never affects the service.
5. Legal bases
Where the UK or EU GDPR applies, we rely on: performance of a contract, for running the service and billing you; legitimate interests, for security, fraud prevention and improving the product, balanced against your rights; legal obligation, for tax and accounting records; and consent, for marketing email, which you can withdraw at any time.
7. International transfers
Our infrastructure is in the United States. If you are in Canada, the EEA or the UK, your data will be transferred there. For EEA and UK transfers we rely on the European Commission’s Standard Contractual Clauses and the UK Addendum with each sub-processor. For Canadian merchants, PIPEDA permits transfers to a service provider abroad with comparable protection, and this section is your notice that it happens.
8. Security
- Encryption in transit everywhere, and at rest with managed keys.
- Card data is out of scope entirely, as described in section 3.
- Passwords are hashed with Argon2. We cannot read yours and neither can anyone who steals the database.
- Access to production data is restricted, logged, and granted only for a support task you have asked for.
- Every tenant is scoped in the query, not in the interface, so one merchant cannot read another’s data even through the API.
No system is perfectly secure. If a breach affects your personal information we will notify you and the relevant regulator within the timeframes the law requires. Report a vulnerability to security@usekessel.com; we will not pursue anyone who reports in good faith and does not access other people’s data.
9. Your rights
Wherever you are, you can ask us to do all of the following, and we will not charge you or treat you differently for asking. Email privacy@usekessel.com and we will answer within 30 days.
- Access: get a copy of the personal information we hold about you.
- Correct: fix anything inaccurate.
- Delete: have it erased, subject to records we must keep by law.
- Port: receive it in a machine-readable format, or have it sent elsewhere.
- Object or restrict: stop or limit a use based on legitimate interests.
- Withdraw consent: for anything you consented to, at any time.
- Complain: to your data protection authority. In Canada that is the Office of the Privacy Commissioner; in the UK the ICO; in the EEA your national authority.
For California residents: we do not sell personal information and we do not share it for cross-context behavioural advertising, so there is nothing to opt out of. You have the rights to know, delete, correct and to non-discrimination, listed above. We have not disclosed personal information for a business purpose beyond the sub-processors in section 6.
11. Children
Kessel is a business tool and is not directed at children. We do not knowingly collect personal information from anyone under 16. If you believe we have, tell us at privacy@usekessel.com and we will delete it.
12. Data processing agreement
If you need a signed DPA, including the Standard Contractual Clauses, email privacy@usekessel.com and we will send one. We do not charge for it and we do not restrict it to a plan.
13. Changes to this policy
We will post a new version here with a new version number and effective date. For a material change, or a new sub-processor, we will email you at least 30 days beforehand.
14. Contact
Privacy questions and rights requests: privacy@usekessel.com. Security: security@usekessel.com. The contracting entity and its registered address depend on where your business is; both are listed in section 1 of the Terms of Service.
Also: Terms of Service. Pricing is $49 a month and interchange + 0.90% + 30¢, described in full on the pricing page.