Last modified: July 5, 2018
First Financial Merchant Services, LLC, d/b/a Payscape- Your Privacy Rights
First Financial Merchant Services, LLC, d/b/a Payscape (“Payscape”, “we”, or “us”) respects your privacy and is committed to protecting it through our compliance with this policy. This policy describes the types of information we may collect from you or that you may provide when you use our mobile applications (collectively “Apps”) or visit any of our websites, including but not limited to: https://payscape.com, http://regpointsolutions.com, http://billingorchard.com, http://vendevor.com (all websites referred to as, the “Website”, and collectively with the Apps, “Apps/Website”) and our practices for collecting, using, maintaining, protecting and disclosing that information.
This policy applies to information we collect:
On this Website.
Through our Apps.
In e-mail, text and other electronic messages between you and Apps/Website.
It does not apply to information collected by:
us offline or through any other means not expressly stated in this policy, including on any other website operated by Payscape or any third party (including our affiliates and subsidiaries); or
any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Apps/Website.
2. Children Under the Age of 13
Our Website is not intended for children under 13 years of age. No one under age 13 may provide any information to or on Apps/Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on or through the Apps/Website or on or through any of their features, or provide any information about yourself to us, including your name, address, telephone number, e-mail address or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at firstname.lastname@example.org.
3. Information We Collect About You and How We Collect It
We may collect several types of information from and about users of our Apps/Website, including information:
by which you may be personally identified, such as name, postal address, e-mail address, telephone number, personal information about participants or registrants using our Apps/Websites, pictures of you and third parties, videos and audio recordings of you and third parties, or any other identifier by which you may be contacted online or offline (“personal information”);
that is about you, but does not identify you; and
about your internet connection,
and devices you use to access our Apps/Website and usage details.
We may collect this information:
directly from you when you provide it to us;
and automatically as you navigate through the Website; and
through our Apps that for their intended use as set forth in the Apps documentation.
Information collected may include usage details, IP addresses, pictures, videos and information collected through cookies, web beacons and other tracking technologies; and from third parties, for example, our service providers for our business partners.
4. Information You Provide to Us
The information we collect on or through our Apps/Website may include:
Information that you provide by filling in forms on our Apps/Website. This includes information provided at the time of subscribing to one of our services, posting material or requesting further services.
Residential addresses, business names, business addresses, sales leads, contact information for third parties that may include individuals names, phone numbers, addresses, email addresses, which some of this information may contain personal information.
We may also ask you for information when you report a problem with our Apps/Website.
Records and copies of your correspondence (including e-mail addresses), if you contact us.
Your responses to surveys that we might ask you to complete for research purposes.
5. Information We Collect Through Automatic Data Collection Technologies
As you navigate through and interact with our Apps/Website, we may use automatic data collection technologies to collect certain information about your devices, data, equipment, browsing actions and patterns, including:
Details of your visits to our Apps/Website, including traffic data, location data, logs and other communication data and the resources that you access and use on the Apps/Website;
Information about your devices, computer and internet connection, including your IP address, operating system and browser type; and
Information about the status of connected devices to our Apps/Website.
We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). See below for information on how you can opt out of behavioral tracking on the Apps/Website and how we respond to web browser signals and other mechanisms that enable consumers to exercise choice about behavioral tracking.
The information we collect automatically may include personal information or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Apps/Website and to deliver a better and more personalized service, including by enabling us to:
Estimate our audience size and usage patterns;
Store information about your preferences, allowing us to customize our Apps/Website according to your individual interests;
Speed up your searches; and
Recognize you when you return to our Apps/Website.
The technologies we use for this automatic data collection may include:
HubSpot. We subscribe to HubSpot software and related services, which may monitor Apps/Website usage and provide us with integrated analytics that helps to improve our services and better serve you.
Cookies (or browser cookies). A cookie is a small file placed on your device or computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of the Apps/Website. Cookies are used to identify users and their preferences for our business purposes.
Flash Cookies. Certain features of our Apps/Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on the Apps/Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices about How We Use and Disclose Your Information.
Web Beacons. Pages of the Apps/Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs. pixel tags and single-pixel gifs) that permit Payscape, for example, to count users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
We may tie this information to personal information about you that we collect from other sources or you provide to us.
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.
7. How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information:
To present Apps/Website and its contents to you;
To provide you with information, products or services that you request from us;
To fulfill any other purpose for which you expressly provide it;
To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
To notify you about changes to our Apps/Website or any products or services we offer or provide though it;
To allow you to participate in interactive features on or through the Apps/Website;
In any other way we may describe when you provide the information; and
For any other purpose with your consent.
We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please check the relevant box located on the form on which we collect your data (the registration form). For more information, see Choices About How We Use and Disclose Your Information.
8. The Protection of Your Personal Information
We want to protect your personal information from misuse, loss or alteration. Our security measures include industry standard technology equipment to help protect your data. Although we have taken precautions, we cannot guarantee the protection of your personal information since the Internet is a public medium.
9. Disclosure of Your Information
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
To our subsidiaries and affiliates;
To contractors, agents, service providers and other third parties we use to support our business, for example:
salesforce.com is used as a software as a service solution that we store information collected pursuant to this policy;
Amazon Web Services is used to host many of our software solutions);
ControlScan is used to assist us with compliance with the Payment Card Industry Data Security Standard.
To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Payscape’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by Payscape about the Apps/Website users is among the assets transferred;
To third parties to market their products or services to you if you have not opted out of these disclosures. For more information, see Choices About How We Use and Disclose Your Information;
To fulfill the purpose for which you provide it;
For any other purpose disclosed by us when you provide the information;
With your consent;
We may also disclose your personal information:
To comply with any court order, law or legal process, including to respond to any government or regulatory request;
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Payscape, our customers or others;
10. Choices About How We Use and Disclose Your Information
We do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.
11. Accessing and Correcting Your Information
12. Your California Privacy Rights
California Civil Code Section 1798.83 permits California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed personal information (as defined under that statute) of that California resident, for direct marketing purposes in the preceding calendar year and the categories of personal information that was disclosed to them. If you are a California resident and you wish to make such a request, you may contact us at email@example.com, or write to us at Payscape located at: 1438 West Peachtree St. Suite 220 Northwest, Atlanta, GA 30309.
We may provide you the ability to post information on or through the Apps/Website. If you are a California resident who is under 18 and a registered user of the Apps/Website and you are unable to remove content or information you posted in a public area of the Apps/Website by following the instructions provided on the Apps/Website, you may request removal by contacting us at firstname.lastname@example.org. When requesting removal please be specific about the information or content you want removed and provide the URL for each page on the Website where it is located, or the screen location of the Apps. We are not required to remove any content or information that: (a) federal or state law requires us or a third party to maintain the content or information; (b) the content or information was not posted by you, the registered user; (c) we anonymize the content or information so that you cannot be identified; (d) you don’t follow our instructions for removing or requesting removal; or (e) you received compensation or other consideration for providing the content or information. REMOVAL OF YOUR POSTED CONTENT OR INFORMATION FROM THE APPS/WEBSITE DOES NOT ENSURE COMPLETE OR COMPREHENSIVE REMOVAL OF THAT CONTENT OR INFORMATION FROM OUR SYSTEMS OR THE SYSTEMS OF OUR SERVICE PROVIDERS. We are not required to delete the content or information posted by you; our obligations under California law are satisfied so long as we anonymize the content or information or render it invisible to other users and the public. Also, some content and information you post that has been copied or reposted by a third party is outside of our control and will not be removed.
13. Data Security
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. Any payment transactions and transfer of personally identifiable information will be encrypted. Unfortunately, the transmission of information via the internet is not completely secure. Although we strive to protect your personal information, we cannot guarantee the security of your personal information transmitted to the Apps/Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Apps/Website.
14. Consent with Legal Process
We have the right to establish or exercise our legal rights. We may choose to defend against legal claims under no obligation. In compliance with valid legal processes such as warrants, subpoenas, statute or court order, please be aware that we may be required to release personal information about you.
16. Contact Information
email@example.com or by mail at
Payscape, Attn: Privacy
1438 West Peachtree St. Suite 220
Atlanta, GA 30309