Last Updated: September 01, 2026
This Merchant Privacy Policy explains how Smoke App LLC (“Smoke App,” “we,” “us,” or “our”) collects, uses, discloses, and protects personal information about people who interact with Smoke App as or on behalf of a business, including through join.smoke.app, the Smoke App merchant dashboard, merchant mobile applications, merchant APIs, and our sales, onboarding, and support channels (the “Merchant Platform”).
1. Who This Policy Covers
This Policy covers: visitors to https://join.smoke.app; people who request information, demos, or trials; owners, officers, beneficial owners, authorized signers, and guarantors of businesses that apply to or use Smoke App (“Merchants”); employees and contractors who use the Merchant Platform (“Authorized Users”); and contacts at suppliers, brands, and partners.
This Policy does not cover consumers who shop on smoke.app; their information is covered by the Smoke App customer privacy notice published on smoke.app. It also does not describe how Merchants handle their own customers’ information, which is each Merchant’s responsibility (see Section 14).
2. Information We Collect
Contact and professional information: name, job title, business name, business and mobile phone numbers, email address, and mailing address.
Account information: login credentials, one-time passcode and multi-factor authentication details, roles and permissions, and account settings.
Business verification information: legal business name, trade names, federal employer identification number, entity documents, ownership structure, store locations, website and social media, product categories, tobacco, vapor, hemp, and other licenses and permits, insurance certificates, compliance certifications, and certificates of analysis.
Identity information about owners and representatives: full legal name, date of birth, home address, Social Security number or taxpayer identification number, government-issued ID images and details, ownership percentage, and if used: a selfie image and a comparison of facial features against the ID photo.
Financial and credit information: bank account details for billing and, for businesses enrolled in the Fallback Resale Program, for payments from Smoke App; payment card details for subscription fees (handled by our billing processor); processing statements and chargeback history submitted with applications; business credit reports; and, where you authorize it, consumer credit reports on owners or guarantors (see Section 6).
Screening results: results of sanctions screening, identity and business verification, license verification, public-record and adverse-media checks, and payment-industry terminated-merchant list checks.
Tax information: IRS Form W-9 information.
Integration data: product catalog, inventory, pricing, and sales data retrieved from connected POS and commerce systems, which may include names or identifiers of staff recorded in those systems.
Usage and device information: IP address, device and browser type, pages viewed, features used, clicks, log data, and approximate location derived from IP address.
Communications: emails, chats, support tickets, text messages, and call recordings, with notice at the start of the call.
Marketing and sales information: demo requests, event and webinar registrations, email engagement, and information collected by cookies and similar technologies on join.smoke.app.
{{Driver information, if merchant drivers use a Smoke App driver tool:}} name, phone number, and device location while a delivery is active.
3. Sources
We collect personal information directly from you; from the Merchant you work for (for example, when an owner invites you as an Authorized User or lists co-owners in an application); automatically from your use of the Merchant Platform; from our payment facilitator partner and other payment providers (such as application decisions and risk information); from identity, business verification, and screening providers; from business and consumer credit reporting agencies, where authorized; from government license databases and public records; from POS, commerce, and delivery platforms you connect; from referral partners; and from business-contact data providers, if used.
4. How We Use Information
We use personal information to: evaluate applications and onboard Merchants; verify the identity of owners and representatives and the legitimacy and licensing of businesses; prepare and submit payment account applications, including sub-merchant applications to our payment facilitator partner; assess eligibility for, administer, and pay Merchants under the Fallback Resale Program; provide, maintain, and secure the Merchant Platform; manage accounts and permissions; bill subscription and platform fees; provide support; send service, security, and order notifications; detect and prevent fraud, prohibited products, and misuse; monitor compliance with our agreements and policies; comply with legal obligations, including tax reporting and responding to government requests; market Smoke App services to business contacts; analyze and improve our services; create aggregated or de-identified insights; and enforce our agreements.
5. How We Disclose Information
Payment facilitator partner and payment providers. We share application, business verification, identity, financial, and screening information with our payment facilitator partner, its sponsoring bank, and other payment providers a Merchant applies to, so they can underwrite, verify, onboard, monitor, and service the Merchant’s payment account. They use it under their own privacy policies and legal obligations.
Verification, screening, and credit providers. We share information with providers that verify identity, businesses, and licenses, perform sanctions and terminated-merchant list checks, and furnish credit reports.
Service providers. We use vendors to host data (such as Amazon Web Services), send text messages (Twilio) and emails (Resend), manage customer relationships and support, process subscription billing, and provide analytics. They may use information only to provide services to us.
Delivery providers and connected services. We share store and staff contact information needed for order handoff with delivery providers a Merchant uses, and exchange information with POS and commerce systems a Merchant connects.
Customers and the public. Business information displayed on storefronts, such as store name, address, hours, and license information where displayed, is visible to shoppers. Order messages may show an Authorized User’s first name.
Government authorities and legal process. We may disclose information to comply with law, subpoenas, or government requests, including from ATF, FDA, state attorneys general, licensing agencies, and tax authorities; to report suspected unlawful activity; and to protect the rights, property, and safety of Smoke App and others.
Professional advisors and insurers, such as lawyers, accountants, and auditors.
Business transfers, in a merger, acquisition, financing, or sale of assets, subject to this Policy.
With your consent or at your direction.
We do not sell personal information about Merchants or Authorized Users.
6. Credit and Background Reports
With your written authorization during an application, Smoke App or our payment facilitator partner may obtain consumer credit reports and other consumer reports about business owners, guarantors, or authorized signers to evaluate the application and manage risk during the relationship. If an adverse action is taken based on a consumer report, the party taking that action will provide the notices the Fair Credit Reporting Act requires.
Drafting note: Decide whether Smoke App itself will ever obtain consumer reports, or only the payment facilitator partner. If Smoke App does, it needs a permissible purpose, a clear written authorization in the application flow, and adverse-action procedures.
7. Text Messaging
If you provide a mobile number, we use it for one-time passcodes, account and security alerts, order notifications, and, only if you separately consent, sales messages about Smoke App services. We do not sell, rent, or share mobile numbers or text-messaging opt-in data or consent with third parties or affiliates for their marketing or promotional purposes. Text messaging originator opt-in data and consent will not be shared with any third parties, except aggregators and providers of the text message services. Reply STOP to opt out or HELP for help.
8. Cookies and Tracking on join.smoke.app
We use cookies and similar technologies to operate join.smoke.app and the Merchant Platform, keep you logged in, secure accounts, and measure usage. You can control cookies through your browser settings. Where required by law, we treat Global Privacy Control signals as a request to opt out of sale or sharing. We do not respond to other “Do Not Track” signals.
9. Retention
We keep personal information as long as needed for the purposes in this Policy, including legal, tax, compliance, and dispute-resolution needs. General periods:
- Sales leads that do not become Merchants: 24 months after last interaction.
- Merchant account and Authorized User information: for the life of the account and 3 years after closure.
- Business verification, identity, screening, and application records: for the life of the relationship and 5 years after it ends, or longer if required by law or a payment partner.
- Government ID images: no longer than needed to complete verification and meet partner requirements.
- Tax and payment records: 7 years.
- Biometric information, if collected: destroyed when the purpose is satisfied or within 1 year of your last interaction, whichever is sooner, unless law requires otherwise.
10. Security
We use administrative, technical, and physical safeguards designed to protect personal information, including encryption in transit and at rest for sensitive identifiers, role-based access controls, multi-factor authentication for internal access to onboarding data, and vendor security reviews. No system is completely secure. If a breach affects your information, we will notify you as required by law.
11. Your Rights and Choices
Account and marketing choices. Authorized Users can update profile information in the dashboard. You can unsubscribe from marketing emails using the link in each email and opt out of marketing texts by replying STOP.
California residents. California residents, including business owners and employees, may request to know and access the personal information we hold about them; delete it; correct it; opt out of sale or sharing; and limit the use of sensitive personal information. We will not discriminate against you for exercising these rights.
Other states. Many other state privacy laws do not apply to information about individuals acting in a business or employment capacity. You may still contact us with a request, and we will consider it.
How to submit a request. Email privacy@smoke.app or use contact page. We will verify your identity before fulfilling a request. You may use an authorized agent where permitted by law, and we may require proof of authorization. If we deny your request, you may appeal by replying to our decision.
Limits. We may keep information we need to comply with law, meet payment partner and record-keeping requirements, prevent fraud, resolve disputes, or enforce agreements, even after a deletion request. Deleting information about an owner or Authorized User may require closing or restricting the Merchant’s account.
12. California Notice at Collection
The categories of personal information we collect are described in Section 2, the purposes in Section 4, the categories of recipients in Section 5, and retention in Section 9. Categories include identifiers, customer records, commercial information, internet activity, professional information, inferences related to fraud and risk, and sensitive personal information: Social Security numbers, government ID numbers, financial account information, account login credentials, precise geolocation for drivers, and biometric information. We use sensitive personal information only for purposes permitted without a right to limit, such as verifying identity, providing requested services, security, and fraud prevention. We do not sell or share personal information.
13. Biometric Information
If a verification step compares your selfie to your ID photo, our verification provider may create a template of your facial geometry. We obtain your consent before collection, use it only to verify identity and prevent fraud, do not sell it, and destroy it as described in Section 9. Residents of Illinois, Texas, Washington, and other states with biometric privacy laws have additional rights.
14. Customer Information in Merchant Accounts
Merchants can view order information about their customers in the dashboard to fulfill orders, verify age, provide support, and keep required records. Merchants are independent businesses responsible for their own use of that information, for their own privacy notices, and for complying with the Merchant Agreement’s limits on use. Smoke App’s handling of shoppers’ information is described in the Smoke App customer privacy notice on smoke.app.
15. Age Requirement
The Merchant Platform is intended only for adults. Authorized Users must meet the age requirements in the Merchant Terms of Use. We do not knowingly collect personal information from children.
16. Changes
We may update this Policy. We will post changes with a new “Last Updated” date and notify Merchants of material changes by email or in the dashboard before they take effect.
17. Contact Us
Smoke App LLC, Attn: Privacy, Smoke App LLC, 6900 Tavistock Lakes Blvd, Orlando, FL 32827.
Email: privacy@smoke.app.