MERCHANT SERVICES LLC PRIVACY POLICY
(Effective March 1, 2022)
This Privacy Policy applies to the Personal Information that MERCHANT SERVICES LLC and its affiliates (“MS”) may collect, use, disclose and otherwise process on behalf of our customers -typically, merchants (“Merchants”)- in the course of providing you with our products and services through our website merchantservicespr.com or through the PR Comply application on the Clover Marketplace (“APP”) as well as related tools, websites and services.
When you log on to our website www.merchantservicespr.com.com or use our APP, your use of these services is deemed to be your consent to the collection and use of your Personal Information as stated in this Privacy Policy. This Privacy Policy does not apply to MS’ privacy practices in any other context.
Personal Information We May Collect
“Personal Information” is any information that can be used to identify an individual. We may collect personal data from or on behalf of Merchants. Merchants determine the scope of the personal data transferred to us or that we collect, and the information we receive may vary by Merchant. Typically, the information we collect on behalf of Merchants includes, but is not limited to:
- registration-related information (such as name, addresses, e-mail addresses, telephone numbers);
- information about the products and services or other features made available on www. www.merchantservicespr.com that you use and how frequently you use them.
From time to time we may supplement Personal Information collected on our website with information from other commercially available sources that we deem credible, such as business contact databases. This is to help us maintain the accuracy of the information we collect and help us provide a better service.
When a customer makes a payment via a payment device, we collect information about the transaction, which may include personal data. Information about transactions includes the payment card used, name associated with the payment card, the location of the Merchant’s store, date and time of the transaction, transaction amount, and information about the goods or services purchased in the transaction.
Additional information Merchants’ customers provide through the Clover POS ancillary to a payment
We may collect additional information ancillary to the payment. This information may include:
- Customers’ email address or phone number, such as when the customer chooses to receive an electronic receipt
- Customers’ marketing preferences, such as whether the customer wishes to receive marketing communications or newsletters
- Information about participating customers’ activity in a merchant loyalty program
- Customers’ physical address, where needed for delivery of goods or services
- Other information the customer provides, such as birthdate, interests or preferences, reviews, and feedback
Log Data
Like many site operators, we collect information that your browser sends whenever you visit our website or use our applications, including our APP (“Log Data”).
This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our website that you visit, the time and date of your visit, the time spent on those pages and other statistics.
In addition, we may use third party services such as Google Analytics that collect, monitor and analyze this.
Third parties do not have access to Log Data or any other information collected from this website or from our applications. We do not share information collected with third parties. We do not allow third parties to collect Personal Information about an individual consumer’s online activities over time and across different websites.
We may also collect information about Merchants’ personnel and interactions with the Clover POS, such as clock-in and clock-out time and tips earned as well as other information stated in this Privacy Policy.
Personal information that we collect, use and share
The chart below summarizes our collection, use and sharing of Personal Information during the last 12 months before the effective date of this Privacy Policy. We describe the sources through which we collect your Personal Information in section above titled The Personal Data We Collect, and describe the purposes for which we collect, use, sell and share this information in section above titled How We Use Your Personal Data and The Parties With Whom We Share Your Personal Data.
| Category (see the glossary below for definitions) | Do we collect this information? | Do we share this information for business purposes? |
|---|---|---|
| Identifiers | Yes | No |
| Online Identifiers | Yes | No |
| Protected Classification Characteristics | No | No |
| Commercial Information | Yes | No |
| Biometric Information | No | No |
| Internet or Network Information | Yes | No |
| Geolocation Data | Yes | No |
| Sensory Information | No | No |
| Professional or Employment Information | No | No |
| Education Information | No | No |
| Inferences | No | No |
| Financial Information | Yes | No |
| Medical Information | No | No |
Glossary
| Category | Definition |
|---|---|
| Categories of Personal Information | Date Elements within the Category |
| Biometric Information | An individual’s physiological, biological or behavioral characteristics, including DNA, that can be used, singly or in combination with each other or with other identifying data, to establish an individual’s identity. Biometric information includes, but is not limited to, imagery of the iris, retina, fingerprint, face, hand, palm, vein patterns, and voice recordings, from which an identifier template, such as a face print, a minutiae template, or a voiceprint, can be extracted, and keystroke patterns or rhythms, gait patterns or rhythms, and sleep, health, or exercise data that contain identifying information. |
| Transaction History | Products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. |
| Financial Information | Bank account number, debit or credit card numbers, insurance policy number, and other financial information. |
| Geolocation Data | Precise location, e.g., derived from GPS coordinates or telemetry data. |
| Identifiers | Real name, alias, postal address, unique personal identifier, customer number, email address, account name other similar identifiers. |
| Government-issued ID | Social security number, driver’s license, passport, or other government-issued ID, including an ID number or image. |
| Medical Information | Personal information about an individual’s health or healthcare, including health insurance information. |
| Internet or Network Information | Browsing history, search history, and information regarding a consumer’s interaction with an Internet website, application, or advertisement. |
| Online Identifiers | An online identifier or other persistent identifier that can be used to recognize a person, family or device, over time and across different services, including but not limited to, a device identifier; an Internet Protocol address; cookies, beacons, pixel tags, mobile ad identifiers, or similar technology; customer number, unique pseudonym, or user alias; telephone numbers, or other forms of persistent or probabilistic identifiers (i.e., the identification of a person or a device to a degree of certainty of more probable than not) that can be used to identify a particular person or device. |
| Physical Description | An individual’s physical characteristics or description (e.g., hair color, eye color, height, weight). |
| Professional or Employment Information | Information relating to a person's current, past or prospective employment or professional experience (e.g., job history, performance evaluations), and educational background. |
| Protected Classification Characteristics | Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). |
| Sensory Information | Audio, electronic, visual, thermal, olfactory, or similar information. |
DNT ”DO NOT TRACK”
MS does not track its customers over time and across third party websites to provide targeted advertising and therefore does not respond to Do Not Track (DNT) signals. However, some third party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, Safari allows you to set the DNT signal on your browser so that third parties (particularly advertisers) know you do not want to be tracked.
Uses of Your Personal Information
We are very committed to protecting the privacy of your Personal Information. MS wants you to know that:
We do not sell, rent or license your Personal Information to anyone unless you have granted us permission to do so. In the preceding twelve (12) months, we [have / have not] sold any personal information.
We use your Personal Information to provide services or products you may have requested, to respond to communications from you, and to help you use our products and services.
We may share your Personal Information within MS, or any of our affiliates or subsidiaries for purposes of data processing or storage.
We may also share your Personal Information with business partners, service vendors, authorized third-party agents or contractors in order to provide a requested service, product or transaction, including processing credit card transactions, and providing customer support, among other reasons. We only provide these third parties with the minimum amount of Personal Information necessary to complete/provide the requested service, product or transaction, and the third parties are not permitted to use your Personal Information except for the limited purpose of completing/providing the requested service, product or transaction.
We may respond to subpoenas, court orders, or legal process by disclosing your Personal Information and other related information, if necessary. We also may choose to establish or exercise our legal rights or defend against legal claims and use your Personal Information in this regard as appropriate.
We may collect and possibly share Personal Information and any other additional information available to us in order to investigate, prevent, or take action regarding illegal activities, suspected or potential fraud, brand protection matters (such as gray market sales or use of MS’S trademark without a license), situations involving potential threats to the physical safety of any person, violations of our End User License Agreement [http://www. www.merchantservicespr.com /terms/service.html], or as otherwise required by law.
We will ask for your consent before we use or share your Personal Information for any purpose other than the reason you provided it or as otherwise provided by this Privacy Policy. To let us know your preferences, we will require an action on your part, such as checking the appropriate option, to indicate your consent.
Our Commitment to Security
MS has established safeguards to help prevent unauthorized access to or misuse of your Personal Information, but cannot guarantee that your information will never be disclosed in a manner inconsistent with this Privacy Policy (for example, as a result of unauthorized acts by third parties that violate applicable law or the policies of MS and its affiliated providers). To protect your privacy and security, we may use passwords and other protections and features to help verify your identity before granting access or making corrections to your Personal Information.
These safeguards are reviewed and may be adjusted in response to advances in technology and the latest security threats.
How We Use Cookies
MS uses first-party and third-party cookies. Cookies are small text files sent by a website server to your web browser and stored on your computer. The use of cookies helps us understand how you are using our website. They allow us to MS the security, content, navigation and functionality of the website. Additionally, we use cookies on our website and the sites on which we advertise to track advertising performance and to collect aggregate data on web page viewing. Cookies are not used to collect or disseminate any Personal Information.
You can manage the placement of cookies on your computer through the features found in most Internet browsers. You can also delete cookies that have already been placed on your computer. Consult the “Help” function of your browser to explore your options.
Links to Other Web Sites
Our website may provide links to other third-party websites and services which are outside our control and not covered by this Privacy Policy. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage you to review the privacy statements posted on these (and all) sites you visit.
Your Rights and Choices
Data Subject Rights
To the extent that applicable law provides individuals with rights pertaining to their personal information, such as to review and request changes to their personal information, individuals should contact the Merchant with any requests pertaining to the Merchant’s use of our application. To the extent that Clover is responsible for responding to data subject rights requests under applicable law, individuals may contact Clover with applicable requests as explained in Clover’s Privacy Notice, https://www.clover.com/privacy-policy. Company will assist a Merchant, or Clover, as applicable, in responding to such requests subject to our contract with a Merchant or Clover.
Data Retention
Subject to our agreement with a Merchant, Company retains personal data for as long as necessary to (a) provide our products and services; (b) comply with legal obligations; (c) resolve disputes; and (d) enforce the terms of any agreement we may have with a Merchant. You may contact us for additional information about our data retention practices in connection with the application.
Data Subject Rights
Under certain circumstances, data subjects in Europe and the UK have certain rights relating to their personal data, which include the rights to request from the Controller (a) access to the data subject’s personal data; (b) correction of incomplete or inaccurate personal data; (c) erasure of personal data; (d) restriction of processing concerning the data subject; and (e) that the controller provide a copy of the data subject’s personal data that the data subject provided to the controller in a structured, commonly used and machine-readable format. Data subjects may also object to a controller’s processing of personal data under certain circumstances. Where processing is based on a data subject’s consent, the data subject has the right to withdraw consent at any time; however, the withdrawal of consent will not affect the lawfulness of processing based on consent before its withdrawal. Data subjects may also file a complaint with a supervisory authority. You may view contact information for supervisory authorities at https://edpb.europa.eu/about-edpb/board/members_en. Data subjects in Europe or the UK should direct any rights request to the appropriate Controller.
Children's Information
Another part of our priority is adding protection for children while using the internet. We encourage parents and guardians to observe, participate in, and/or monitor and guide their online activity.
MS does not knowingly collect any Personal Identifiable Information from children under the age of 13. If you think that your child provided this kind of information on our website, we strongly encourage you to contact us immediately and we will do our best efforts to promptly remove such information from our records.
Identity verification. The CCPA requires us to verify the identity of the individual submitting the request before providing a substantive response to the request. A request must be provided with sufficient detail to allow us to understand, evaluate and respond. The requester must provide sufficient information to allow us to reasonably verify that the individual is the person about whom we collected information. A request may also be made on behalf of your child under 13.
Authorized agents. California residents can empower an “authorized agent” to submit requests on their behalf. We may require the authorized agent to have a written authorization confirming that authority.
For California Residents: Your California privacy rights
As a California resident, you have the rights listed below. However, these rights are not absolute, and we may decline your request as permitted by the CCPA.
- Information. You can request the following information about how we have collected and used your Personal Information during the past 12 months:
- The categories of Personal Information that we have collected.
- The categories of sources from which we collected Personal Information.
- The business or commercial purpose for collecting and/or selling Personal Information.
- The categories of third parties with whom we share Personal Information.
- Whether we have disclosed your Personal Information for a business purpose, and if so, the categories of Personal Information received by each category of recipient.
- Whether we’ve sold your Personal Information; and, if so, the categories of Personal Information received by each category of recipient.
- Access. You can request a copy of the Personal Information that we maintain about you.
- Deletion. You can ask us to delete the Personal Information that we maintain about you.
- Nondiscrimination. You are entitled to exercise the rights described above free from discrimination. This means that we will not penalize you for exercising your rights by taking actions such as by denying you goods or services, increasing the price/rate of goods or services, decreasing the service quality, or suggesting that we may penalize you as described above for exercising your rights. However, the CCPA allows us to charge you a different price or provide a different service quality if that difference is reasonably related to the value of the Personal Information we are unable to use.
How to exercise your rights
You may exercise your California privacy rights by sending an email to: info@merchantservicespr.com or calling: 844-367-7542
Complaints
If you have a complaint about our handling of personal data, you may contact us via the contact information provided below.
Updates
We reserve the right to modify this Privacy Policy at any time. We will notify you of updates by updating the date of this Privacy Policy.
Questions or comments?
We value your opinions. Should you have any privacy-related questions or comments related to this Privacy Policy, please send an email to info@merchantservicespr.com.
Updates to this Privacy Policy
MS may update this Privacy Policy at any time, so please review it frequently. We will post a notice to this policy and the home page link whenever this Privacy Policy is materially changed so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. Your continued use of the www.merchantservicespr.com. website after any change will signify and confirm your assent to those changes.