PaySimple Privacy Policy

Last Modified: September 23, 2016

This Privacy Policy discloses the privacy practices for www.paysimple.com and www.mypaysimple.com (including all sub-domains, the "Sites"), which are owned and operated by PaySimple, Inc. ("PaySimple," "our," "we" or "us") as well as the use of any mobile device application created by PaySimple (each, the "Mobile App") and our web-based payment application and API (collectively, the “Web App”). The Sites, Mobile App, and Web App may be referred to as our “Services”.

This Privacy Policy applies to our collection and use of information from all users of our Services, including, without limitation, visitors using only free services offered on the Site and/or through the Mobile App, and is incorporated into our Terms of Service and Customer Terms of Service. Please note, this Privacy Policy does not address the privacy practices of third parties, including those with whom we may share information as set forth below. Please review the privacy policies of any third parties before you disclose information to them. Through your use of any of our Services, you consent to the practices described in this Privacy Policy.

Collection and Use of Personal Information

We collect information, including personal information from you when you set up a paid account, a registered free account, or a free demo account with PaySimple, when you register or download an App, or when you provide your information to us through our Web App. For purposes of this policy, “personal information” refers to any information about an identified or identifiable individual. “Merchants” refers to the registered users of the PaySimple Services on whose behalf PaySimple processes payments and collects certain customer information.

Note, we collect personal information directly from and about Merchants through our Sites and Mobile App, and we collect personal information from and about consumers and other individuals who make purchases from Merchants that use our Web App for payment processing and customer management.

We generally collect and use information as follows:

From Merchants with a Free Account or Demo Account

The Sites and/or Mobile App may require you to give us contact information (name, business name, phone number, e-mail address, and business industry) in order to obtain a registered free account or a free demo account. We use this information, and any personal information for your own customers that you enter into the system, to configure your account for sending invoices to your customers, booking Appointments, and other system or service related activity. We may also use this information to communicate with you about your free account usage, to provide account-specific technical support, and to provide information to you about additional PaySimple products and services that we believe may be of interest to you.

We may also use your personal information to send you promotional products and information about PaySimple, the Sites or a Mobile App and/or on behalf of our partner companies. We may also create anonymous records from personal information by excluding information (such as your name) that makes the information personally identifiable to you or one of your customers. We may use this anonymous information to direct future development, including but not limited to analyzing usage patterns so that we may enhance our services, and providing reports based on anonymous non-personal information.

From Merchants with a PaySimple Paid Account

To obtain a PaySimple Paid Account, you must provide contact information (name, address, phone number, and e-mail address) in addition to other personal information, including but not limited to, your social security number (we may use the last 4 digits provided to obtain and store the full social security number), driver’s license state and number, Employer Identification Number (Tax ID), and billing information. When you download and use our Mobile App we may also collect certain information automatically, such as the type of mobile device you use, your unique device ID, the IP address of your mobile device, your mobile phone number, your mobile operating system, the type of mobile internet browsers you use, and information about the way you use the Mobile App. If you provide permission while installing the Mobile App we also collect precise information about the location of your device. You may also enter personal information for your own customers as part of using the PaySimple service. You represent and warrant that you have the right to provide PaySimple with any information, content, data, or materials provided by you.

We use your personal information to verify your identity, perform a credit check, and send you messages about your transactions or our company. We use billing and financial information (bank account numbers/credit card numbers) to facilitate payments through the PaySimple system and collect fees if applicable. We use geolocation information from your mobile device to provide requested location services.

We may use your personal information to send you promotional products and information about PaySimple, the Sites or a Mobile App and/or on behalf of our partner companies. We may also create anonymous records from personal information by excluding information (such as your name) that makes the information personally identifiable to you or one of your customers. We may use this anonymous information to direct future development, including but not limited to analyzing usage patterns so that we may enhance our services, and providing reports based on anonymous non-personal information.

Through our Web App

PaySimple processes payments for and collects information from Merchants’ customers through our Web App. When you use our Web App to process a payment or make a purchase from a Merchant, we may collect information necessary to process that transaction, including your name, address, zip/postal code, credit card or financial account number, IP address, and any other information necessary to process or authenticate the transaction. Furthermore, we may collect information about you and your purchase, as well as any personal information or demographic data that you provide at the time of purchase, including (without limitation) your email address, contact information, and other information identified in the ‘automatic collection’ section below.

We may store, on behalf of the Merchant, any payment, personal, and other information collected as part of a Web App transaction. The Merchant may have access to that personal information as part of our Services. The Merchant may also use the information you provided us for marketing and other similar purposes, and may combine that information with other information the Merchant holds about you. By providing information to us through the Web App, you consent to our collection of such information and our sharing of that information with the Merchant as set forth in this policy.

Automatic collection when you access our Services

To make our Sites more useful to you, our servers (which may be hosted by a third party service provider) collect personal information and other data from you, including (without limitation) browser type, operating system, Internet Protocol (IP) address (a number that is automatically assigned to your computer when you use the internet, which may vary from session to session), domain name, and/or a date/time stamp for your visit. Like most internet services, we automatically gather this information and store it in log files each time you visit our website or access your account on our network.

Cookies and Similar Technologies

Certain portions of our Services may collect information via cookies, web beacons, pixel tags, and similar digital tracking technologies. These technologies can be used to collect and analyze other information related to the devices you use to access the Services, such as IP addresses, browser types, browser language, unique device identifiers and other information about your computer(s) and/or mobile device(s).

We may also use these technologies to log click-stream or similar data collected from certain portions of our Site. Generally, this information is collected when you request pages from our Site, and typically includes information such as the page served, the time, the source and type of browser making the request, the most recent page view, what you clicked on in order to arrive at our Site, the content you viewed on our site, and other similar information relating to your use of our Site.

We typically use these cookies and similar technologies for essential and functional purposes (e.g. to maintain an active session), to improve the performance and usability of our Sites, and to analyze how users interact with the Services (e.g. to understand how long users stay on a page, how often they return, and how they arrived at our Site). On certain portions of our Sites and Mobile App, we may collect data through these technologies for advertising, remarketing, or other similar purposes. Click-stream and related data is typically used for purposes of system administration, to improve our Services, for marketing and advertising-related purposes, and other similar uses.

Some tracking technologies on our Services may be provided by a third party (which may collect information on its own behalf, or may provide such information to us). For example, we use Google Analytics on our Site. Google Analytics is a web analytics service provided by Google. Google Analytics uses cookies to collect anonymous traffic data to help use analyze how users use the website. The information generated by a cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the Site, compiling reports on Site activity for us and providing other services relating to Site activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. By using the Site, you consent to the processing of data about you by Google in the manner and for the purposes described in this Privacy Policy.

To learn more about cookies and similar tracking technologies, and how they can affect your privacy, visit allaboutcookies.org. To learn more about how to opt out of Google’s use of cookies, visit the Google’s Ads Settings, here. Alternatively, you can opt out of certain pieces by visiting the Network Advertising Initiative opt out page or permanently using the Google Analytics Opt Out Browser add on. If you wish to take steps to opt-out of tracking by certain online advertisers, you can visit the Digital Advertising Alliance’s opt-out page at http://www.aboutads.info/choices or the Network Advertising Initiative at www.networkadvertising.org/optout_nonppii.asp. You may control Facebook’s use of interest-based ads through your Facebook account settings, or may visit the customer support page here. Please note, at this time we do not respond to browser-based "do not track" signals.

When you contact us through the Services

When you submit an online "contact us" or other online inquiry form, create a registered free account, create a free demo account, download a Mobile App, or when you call, write, fax or otherwise initiate contact with PaySimple, we record your contact information (name, address, phone number, and email address) in our CRM (Customer Relationship Management) system. This information is used for answering your questions as well as ongoing marketing communication programs. In some cases, you may be referred to a PaySimple online inquiry form via a link on a third party referral website. In that case, any information collected on the PaySimple hosted online inquiry form may be shared with the referring party, and that referring party may use it for their own, non-PaySimple related, marketing communication programs. If you exchange any messages through our Sites or through our service, we may store those as well.

YOU CONSENT TO RECEIVE AUTODIALED CALLS FROM OR ON BEHALF OF PAYSIMPLE AT ANY NUMBER PROVIDED TO PAYSIMPLE, WHETHER SUCH NUMBER IS DIRECTED AT A RESIDENCE, A BUSINESS, A WIRELESS TELEPHONE, OR OTHERWISE. YOU UNDERSTAND THAT THIS CONSENT IS NOT A CONDITION OF PURCHASING THE PRODUCTS AND SERVICES OFFERED BY PAYSIMPLE.

From Online Surveys

We may occasionally ask Merchants to complete optional online surveys. These surveys may ask you for contact information and demographic information (like zip code, age or income level). We may use this data to tailor your experience on the Sites and/or Mobile App, providing you with content that we think you might be interested in and to display content according to your preferences. We sometimes use contact data from our surveys to send you information about our company and/or promotional material on behalf of our partners. We never use personal information about your customers to contact them directly, nor do we share this data with any third parties.

How we Share Information with Third Parties

Except as otherwise set forth in this Privacy Policy or in accordance with any request or consent you provide, PaySimple does not sell, share, or in any other way transmit personal information (names, address, phone numbers, etc.) submitted by non-registered users to any other persons or companies. We reserve the right, however, to use and disclose anonymous information to third parties, at our discretion. Except as limited below, third parties may use information we share with them for any purpose for which we may use such information.

Personal information we collect may be shared with service providers who provide certain services on our behalf, including but not limited to, identity verification, credit checks, fraud prevention, business intelligence, customer relationship management, bill collection, payment processing, marketing, hosting, and other common technology services. Our contracts dictate that these service providers only use your information in connection with the services they perform for us and in accordance with this Privacy Policy, and we may not obtain your consent to share with these parties.

We may provide information, including personal information of registered users to third party service providers and referral partners that work on behalf of or with us to provide some of the aspects of our services, to help us communicate with you, or to provide you with ancillary services offered by such service providers and referral partners. We may also receive information about you, including personal information, from our third party service providers and referral partners. However, these service providers and referral partners do not have any independent right to disclose this information (except to the same extent we would have a right to disclose that information under this Privacy Policy).

If you make a purchase from a Merchant using our Web App, we may grant access to or share with the Merchant any and all information we collect as part of that transaction, except where that disclosure is prohibited by law, regulation or other obligations (e.g. for data security).

Although we currently do not have a parent company, subsidiaries, joint ventures, or other companies under common control with us (collectively, "Affiliates"), we may in the future. You hereby agree that we may share some or all of your personal information with these Affiliates. We will require our Affiliates to comply with this Privacy Policy. If our company or some or all of our assets are acquired by another company, any personal or other information we possess may be a part of the assets transferred, and that company will possess any rights granted to us under this Privacy Policy.

Finally, in extraordinary circumstances, we may share any personal or other information we possess when necessary or appropriate to: comply with the law; cooperate with law enforcement or national security requirements; respond to lawful requests; comply with law or credit card rules; protect the rights of PaySimple, other PaySimple Merchants or customers, and third parties; or to investigate violations of or to enforce our Terms of Service, Customer Terms of Service or Acceptable Use Policy. However, in doing so, we may: (i) dispute demands for release to the extent we believe, in our sole discretion, are unwarranted, illegitimate or overbroad; and (ii) when we determine that it is necessary or appropriate, we will notify you of any requests for release.

Security

PaySimple has security measures in place designed to protect against the loss, misuse and alteration of the information under our control, as described in our security page.

Choice/Opt-Out

You may opt-out of receiving marketing communications from us by following the opt-out instructions we include in such communications.

You may opt-out of providing geo-location information from your mobile device when you install a Mobile App. You may Opt-out of all information collection from your mobile device by uninstalling the Mobile App. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.

To the extent required by law, you may choose to opt out of sharing with any other parties with whom we may share your personal information; however, you may be unable to use the service or certain features if you wish to limit such sharing.

Accessing, Correcting and Deleting your Information

PaySimple acknowledges the right of individuals to access their personal data. If you are a Merchant, you may access and modify your personal and other account information using your account settings page. You may also access, change and modify information previously provided or collected by sending an email to PaySimple at privacy@paysimple.com to initiate changes or modifications or to obtain a file for review. Note that PaySimple will require you to verify your identity prior to releasing any personal information.

You may close your PaySimple account by contacting PaySimple Customer Care at 800-466-0992 or care@paysimple.com. Further, you may request that your personal information be removed from all PaySimple systems. This request must be made in writing to the address provided below. Note that if you request removal of your personal information you will no longer have access to any existing PaySimple account and will not be able to use any PaySimple product or service. PaySimple reserves the right to retain certain account information for its recordkeeping or compliance purposes.

California residents may request and obtain from us a list of what personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year and the names and addresses of those third parties. You may make one request each year by contacting us as set forth below.

Dispute Resolution

If you have any questions or concerns, please contact PaySimple by e-mail at privacy@paysimple.com. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation. If we are unable to reach a resolution to the dispute, you and PaySimple will settle the dispute exclusively as set forth in the Terms of Use.

A Note About Children

We do not intentionally gather information about visitors who are under the age of 18. If you are under the age of 18 you should not use our Sites or Service.

International Transfers

If you are accessing our Services from outside of the United States, any information provided will be transferred to us or our service providers in the United States. Regardless of where your information is collected or transferred, the information will be treated in accordance with this Privacy Policy. You consent to such transfer through your continued use of our Services.

EU-US Privacy Shield

PaySimple, Inc. complies with the EU-US Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries. PaySimple has certified that it adheres to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability. Furthermore, we require third party recipients of EU citizens’ Personal Data to agree to respect these principles, and we accept liability for third parties’ processing of EU citizens’ data to the extent required by law.

If there is any conflict between the policies in this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov. You may view the list of Privacy Shield companies here.

We encourage EU (and US) users to contact us if you have any concerns about our compliance with this Privacy Policy and the Privacy Shield Framework. In compliance with the EU-US Privacy Shield Principles, PaySimple commits to resolve complaints about your privacy and our collection or use of your personal information. European Union individuals with inquiries or complaints regarding this Privacy Policy should first contact PaySimple at the address below. We will respond to complaints from EU citizens within 45 days.

PaySimple has further committed to refer unresolved privacy complaints under the EU-US Privacy Shield Principles to BBB EU PRIVACY SHIELD, a non-profit alternative dispute resolution provider located in the United States and operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and to file a complaint.

Under certain circumstances, these dispute resolution processes may result in your ability to invoke binding arbitration before a Privacy Shield Panel. As a US company, we are also subject to the investigatory and enforcement power of the FTC regarding our compliance with the Privacy Shield Framework and this Privacy Policy, and users may direct complaints to the FTC in the event the dispute resolution processes described above is unsatisfactory.

Changes to this Privacy Policy

We may revise this Privacy Policy from time to time. The most current version of the policy will govern our use of your information and will always be at paysimple.com/privacy.html. By continuing to access or use the Services after those changes become effective, you agree to be bound by the revised Privacy Policy.

Contacting Us

PaySimple, Inc.
1515 Wynkoop St, Suite 250
Denver, CO 80202
P: 800-466-0992
E: guide@paysimple.com

Copyright © PaySimple 2005-2017. All rights reserved. PaySimple is a registered ISO of Fifth Third Bank, Cincinnati, OH and is a registered ISO of Wells Fargo Bank, N.A., Walnut Creek, CA.