MerchantE Privacy Policy

Effective Date: August 1, 2020

Introduction

Merchant eSolutions, Inc. (“MerchantE”) is committed to providing privacy and security to our merchants and partners as they display interest in and use our merchant services.

In this Privacy Policy, references to “you” means the person about whom we collect, use, disclose or otherwise process personal information (also known as personal data).

This Privacy Policy statement describes the ways in which MerchantE, as a business or controller, collects, stores, uses and protects personal information in hardcopy or electronic form, including through the use of this website, as we provide our merchant services. 

Our use of information we collect as a service provider or processor is limited by the restrictions placed on that information by our customer and their privacy policies. For example, when you go to one of our customers to purchase a product, we may collect your name, home address, telephone number, email address, and payment information at our customer’s instruction and on their behalf.  You can learn more about how your information is collected and used by our customers by reviewing the privacy policies of the businesses you engage with.  

As a business or controller, we will use personal information about you only for the purposes and in the manner set forth below, which describes the steps we take to ensure the processing of personal data is in compliance with applicable data protection law, including California’s Consumer Privacy Act and the European Union’s General Data Protection Regulation (“GDPR”).

Identity of the Controller of Personal Data 

The Data Controller, as that term is defined within the GDPR, is typically the merchant, which is our customer. MerchantE typically collects and processes payment information on its behalf.  As mentioned above, when we collect and process personal information on behalf of our customer, its privacy policy applies to the collection, use, disclosure and processing of your personal information.

When we collect personal data on our own behalf, including through our website and during the customer application, underwriting and onboarding process, we are the Controller. MerchantE is a U.S. company with its principal place of business at 1150 Sanctuary Parkway, Suite 300, Alpharetta, Georgia 30009.

As discussed in the cookies section below, certain third parties will collect information directly from you and on their own behalf.

Information We Collect:

The personal information we collect about you helps us manage our relationship with you, primarily by allowing us to respond to your queries, improving website performance and user experience, and letting you know of our services and of materials for download.  The personal information we collect, the basis of processing and the purposes of processing are detailed below.  Sometimes, these activities are carried out by third parties (see “Sharing of Personal Data” section below).

To the extent the GDPR applies, for EU data subjects, we have a lawful basis under the GDPR for each of our processing activities, as further indicated below.

For California Residents

The personal information about you that we collect includes information within the below categories of data. These categories also represent the categories of personal information that we have collected over the past 12 months, and which we have disclosed for a business purpose to our affiliates and service providers. Note that the categories listed below are defined by California state law. Inclusion of a category in the list below indicates only that, depending on the services and products we provide you, we may collect some information within that category. It does not necessarily mean that we collect all information listed in a particular category for all of our customers. 

 Other Automatically Collected Information, Cookies and Related Technologies

When a user visits the MerchantE website or accesses MerchantE electronic systems via the internet, IP address and standard web log information is collected. For each visitor to our website, our web server automatically recognizes only the user’s domain name, but not the e-mail address. The information we collect is used to improve the content of our website, and is not shared with other organizations for their direct marketing purposes.

When you access our website, MerchantE may use “cookies” or similar ad technology. A cookie is a small piece of data that a website asks your browser to store on your computer or mobile device. The cookie allows the website to “remember” your actions or preferences over time. Cookies are widely used by online service providers in order to (for example) make their websites or services work, or to work more efficiently, as well as to provide reporting information. Some cookies are also strictly necessary for the performance of our website.

Most Internet browsers support cookies; however, users can set their browsers to decline certain types of cookies or specific cookies by configuring their browser’s privacy settings (please refer to your browser’s help function to learn more about cookie controls). Further, users can delete cookies at any time. Note that if you disable cookies entirely, our websites may not function properly, or at all in the case of strictly necessary cookies.

Why do we use cookies?

We use cookies to learn how you interact with our content and to improve your experience when visiting our website(s). For example, some cookies remember your preferences or save your place to make future visits to one of our websites more convenient. We may employ the learnings of your behavior on our website(s) to serve you with targeted advertisements on third-party website(s) in an effort to “re-market” our products and services to you. Additionally, we leverage service providers in order to better understand our users’ needs and to optimize this service and experience. These services use cookies and other technologies to collect data on our users’ behavior and their devices. This includes a device's IP address (processed during your session and stored in a de-identified form), device screen size, device type (unique device identifiers), browser information, geographic location (country only), and the preferred language used to display our website. This information is stored on our behalf in a pseudonymized user profile. These service providers are contractually forbidden to sell any of the data collected on our behalf.

What types of cookies do we use?

We send a “session cookie” to your computer when you sign up for and log in to your account. This type of cookie helps us to recognize you if you visit multiple pages on our site during the same session, so that we don’t need to ask you for your password on each page. Once you log out or close your browser, this cookie expires and no longer has any effect.

Persistent cookies are used to remember your preferences within the website and remain on your desktop or mobile device even after you close your browser or restart your computer. We use these cookies to analyze user behavior to establish visit patterns so that we can improve our website functionality for you and others who visit our website.

Third-party cookies, including social media plugins, belong to and are managed by other parties, such as Google Analytics or service providers. These cookies may be required to render certain forms, such as email list sign-up, or to allow for some advertising outside of our website.

How are cookies used for advertising purposes?

Cookies and ad technology such as web beacons, pixels, and anonymous ad network tags help us serve relevant ads to you more effectively. They also help us collect aggregated audit data, research, and performance reporting for advertisers. Pixels enable us to understand and improve the delivery of ads to you, and know when certain ads have been shown to you. Since your web browser may request advertisements, web beacons, and other content directly from ad network servers, these networks can view, edit, or set their own cookies, just as if you had requested a web page from their site. Ad network servers may also collect data directly from you. We encourage you to consult the privacy policies of these third party providers on their websites for information regarding their use of cookies, ad technology, and data they may collect from you.

Although we do not use cookies to create a profile of your browsing behavior on third-party sites, we do use aggregate data from third parties to develop relevant, interest-based advertising. You can choose not to enable off-site and third-party-informed advertising by adjusting your cookie settings. Doing so will not remove advertising from the pages you visit, but, instead, will result in the ads you see not being matched to your interests. This implies that the ad(s) you see will not be matched to your interests by those specific cookies.

How do I reject and delete cookies?

You can choose to reject or block all or specific types of cookies for our websites and/or the websites of any third party suppliers by changing your browser settings. Please note that most browsers automatically accept cookies. Therefore, if you do not wish cookies to be used, you may need to actively delete or block the cookies. If you reject the use of cookies, you will still be able to visit our websites but some of the functions may not work correctly. You may also visit www.allaboutcookies.org for details on how to delete or reject cookies and for further information on cookies generally. By using our website without deleting or rejecting some or all cookies, you agree that we can place those cookies that you have not deleted or rejected on your device.

Our third party suppliers may use non-cookie technologies that may not be impacted by browser settings that block cookies. Your browser may not permit you to block such technologies. You can use the following third party tools to decline the collection and use of information for the purpose of serving you interest based advertising:

• The NAI’s opt-out platform: http://www.networkadvertising.org/choices/
• The EDAA’s opt-out platform http://www.youronlinechoices.com/
• The DAA’s opt-out platform: http://optout.aboutads.info/?c=2&lang=EN

Third-party cookies used on our websites:

Do Not Track Signals

Some browsers have incorporated "Do Not Track" (DNT) features that can send a signal to the websites you visit indicating you do not wish to be tracked. Because there is not yet a common understanding of how to interpret the DNT signal, our services do not currently respond to browser DNT signals. For more information on DNT, see https://allaboutdnt.com/.

How we Share Personal Information

MerchantE shares Personal Information in the following ways:

• We may use service providers, who help with parts of our website and operation of our business; (e.g. bill collection, fraud prevention, technology services, marketing) and with whom we may share your Personal Information. We endeavor via contract to limit our service providers’ use of such information to the purposes of providing services to or assisting us with the operation of our business and not for their own benefit;
• We may share with sales channel partners to jointly create and offer our merchant services;
• We may share with law enforcement, government officials, or other third parties to the extent we believe applicable law requires our sharing or such sharing is appropriate to protect our rights, your rights or the rights of others; 
• We may share payment information with third parties such as financial institutions as part of providing our services to you; 
• As part of our legitimate interest, we may share in order to manage any proposed sale, restructuring, transfer or merging of any or all part(s) of our business, including to respond to queries from the prospective buyer or merging organization; and
• We may share with other third parties only with your consent or direction to do so.

Under California law, we do not sell Personal Information nor do we intend to do so. We also have not done so in the past 12 months.  

We do not share Personal Information with third parties for the purposes of their direct marketing. 

Protection and Storage of Personal Information

In connection with your use of our merchant services, Personal Information may be stored in our facilities and computer systems in the U.S. This information is protected by maintaining physical, electronic and procedural safeguards. We have security measures in place to protect against the loss, misuse, and alteration of Personal Information we receive.  Payment information collected and used in connection with the provision of our services to our customers is stored and transmitted as required by the PCI Security Industry Standard. In the event of a security breach involving Personal Information submitted to us, we may notify you electronically to the extent permitted by applicable law and you agree that we may communicate with you electronically for such purposes.

Privacy Rights

Depending on where you live, or your residency, you may be entitled to the following rights, subject to certain conditions and limitations.

Right to Know about Personal Information Collected, Disclosed, or Sold—You may be entitled, subject to some exceptions, to request that we disclose the personal information we have collected, disclosed or sold about you, including requesting the specific pieces of information collected.

Right to Opt-Out of the Sale of Personal Information—You may be entitled to have the right, subject to some exceptions, to direct us to stop selling information about you (i.e. to opt-out) to third parties. That said, under California law, we do not sell personal information about you. 

Right to Request Deletion of Personal Information—You may have the right, subject to some exceptions, to request that we delete personal information about you that we have collected or maintain. We will not delete personal information about you when the information is required to fulfill a legal obligation, is necessary to exercise or defend legal claims, or where we are required or permitted to retain the information by law. For example, we cannot delete information about you while continuing to provide you with certain products and services or where we are legally required to retain certain information.  This right is generally excluded from data kept for archival or back-up purposes.

Right to Request Correction—You may have the right to correct the personal information that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, although we may need to verify the accuracy of the new data you provide to us.

Right to Restrict or Object to the Processing—You may have the right to object to the processing of your personal information when we are relying on a legitimate interest, and there is something about your particular situation which makes you want to object to the processing on this ground as you feel it impacts on your fundamental rights and freedoms. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Data portability—In some instances, you may have the right to receive the information about you in a portable and readily usable format.

To the extent the GDPR applies, you may contact the applicable Privacy Regulator via: https://edpb.europa.eu/about-edpb/board/members_en

Non-Discrimination Statement

MerchantE will not discriminate against consumers for exercising rights under applicable laws, including the CCPA.  Specifically, we will not:

• Deny services
• Charge different prices or rates for services
• Provide a different level or quality of services
• Suggest that an individual will receive a different price or quality of service if the individual exercises rights under the law.

Without prejudice to any other administrative or judicial remedy you might have, you may have the right to lodge a complaint with local state regulators if you believe that we have infringed applicable privacy or data protection requirements when processing personal information about you.

Submitting a Request and Verifying Your Identity

Before providing information you request in accordance with these rights, we must be able to verify your identity. In order to verify your identity, you will need submit information about yourself, including, to the extent applicable, providing your account login credentials or other account information, answers to security questions, your name, government identification number, date of birth, contact information, or other personal identifying information. We will match this information against information we have previously collected about you to verify your identity and your request. To the extent you maintain an account with us, we may require you to login to that account as part of submitting your request. If we are unable to verify your identity as part of your request, we will not be able to satisfy your request. We are not obligated to collect additional information in order to enable you to verify your identity. For deletion requests, you will be required to submit a verifiable request for deletion and then to confirm separately that you want personal information about you deleted.

You may submit requests to exercise your rights by contacting us at privacy@merchante-solutions.com or our toll-free Customer Care line at (888)288-2692.  Under California law, we are only obligated to respond to personal information requests from the same consumer up to two times in a 12-month period.  Under EU law, to the extent applicable, if an individual makes unfounded, repetitive, or excessive requests (as determined in our reasonable discretion) to access Personal Information, a controller may charge a fee subject to a maximum set by law.

If you would like to appoint an authorized agent to make a request on your behalf, and that agent is not already authorized to access your account in your profile, we require you to verify your identity with us directly before we provide any requested information to your approved agent.

Information collected for purposes of verifying your request will only be used for verification. You can find statistics on the requests we receive by contacting us at privacy@merchante.com.

For the personal information of consumers we collect in conjunction with a payment transaction on behalf of our customers, please contact the merchant who collected your information.  They will submit to us any requests they honor in accordance with their privacy policy.  

Children and minors

We do not knowingly collect personal information directly from individuals under 17 years of age.  Our products and services are not intended for individuals under 17 years of age. No one under 17 years of age should submit or post personal information through our online services.  We may collect personal information regarding individuals under 17 years of age from their parents or legal guardians, but only as necessary to provide our products and services.

Changes or Modifications to this Privacy Policy

This Privacy Policy may be revised at any time. The revised version will be posted to this website, and it will be effective at the time posted. In addition, we will provide notice to you when this Privacy Policy is revised. Should there be a material change to our information collection and use practices, it will be applied only to information collected on a going forward basis.

Questions about the Privacy Policy

Questions regarding this Privacy Policy should be directed to privacy@merchante.com. Or, you may write or call us at:

MerchantE
c/o Privacy Officer
1150 Sanctuary Parkway, Suite 300
Alpharetta, Georgia 30009

Telephone: (888) 288-2692