The use of hosting services and/or merchant account services from
Total Merchant Services Inc. [hereafter referred to as "TMS"] constitutes
agreement to these terms.
TMS Privacy Statement; we value our relationship with you and place the
highest importance on respecting and protecting your privacy. We want you to
feel comfortable and confident when using our products and services and with
entrusting your personal, company and financial information to us.
Personal Information:
- We collect personal information you provide during registration and payment
such as your name, e-mail or postal address. In the case of applying for a
merchant account, we collect additional information as required by our
processors and banks. Our underwriters and banks are not allowed to use your
information for their own purposes other than approving, maintaining, and
communicating (e.g. statements) with you about your merchant account.
- We collect personal information to provide you products and
services.
- We use cookies and other Internet technologies to manage our
Web sites and services, advertising and e-mail programs.
- We may obtain additional information about you, such as
demographic information, from commercially available sources.
Protecting your Information:
TMS works to protect your personal information from loss, misuse or unauthorized
alteration by using industry-recognized security safeguards, coupled with
carefully developed security procedures and practices. We maintain physical,
electronic and procedural safeguards that comply with applicable law and federal
standards. We use both internal and external resources to review our security
procedures. Whenever we prompt you to transmit sensitive information, such
credit card information, we support the encryption of your information as it is
transmitted to us. Our employees are trained and required to safeguard your
information.
Uses
- We do not sell or rent your personal information to anyone
for promotional or marketing purposes.
- We use your personal or financial information to provide you
with information and services you request, to tell you about other products and
services, and to give you a customized interactive experience as you use our
products.
- We may contact you about products or services you have
purchased or applied for with us. These will be communications such as issues
with your account, upgrades, maintenance etc.
- We may contact you about products or services we think will
be beneficial to you. You will always be able to opt-out of these types of
communications.
- We summarize information about you and we also combine that
information with that of others in a way that does not identify you personally
to understand how our products are used and to help us develop new products and
services.
- We may use service companies to help fill your order;
they're not allowed to use your information for their own purposes.
Merchant Account Services:
The products and services offered by TMS, enable you to accept
check and credit card payments from your customers by phone, fax, mail,
in-person, or online. To use these services your company must apply for a
merchant account. To apply for a merchant service, we'll ask you to provide
business and personal information, including: your business name, Federal Tax
Number/Employer Identification Number, the business owner's name, addresses,
banking information, phone numbers and Social Security numbers. We use this
information to make a credit decision on your application.
We transmit, store, protect and access all cardholder information in compliance
with the Payment Card Industry's Data Security Standards. We transmit, store,
protect and access all check writer information in compliance with National
Automated Clearing House (NACHA) regulations. Check payment transactions are
verified against, and are added to, National Check Network's check verification
and credit reporting database. Your customers' cardholder and check data,
including account numbers, financial institutions, expiration dates, transaction
amounts and service codes, may be stored and retained by TMS and the processors
and merchant acquiring banks we use to provide the product and service that you
have requested.
Some products and services offered by TMS and the processors and merchant
acquiring banks provide you with the opportunity to create permissions and user
accounts for your employees. When we do, we may request and store your employees
personal information such as their name, email address, username password, and
security challenge questions and answers.
Information Security:
We protect the confidentiality and security of your personal
information by using industry-recognized security safeguards such as firewalls,
coupled with carefully developed security procedures to protect your information
from loss, misuse or unauthorized alteration. We maintain physical, electronic
and procedural safeguards that comply with applicable law and federal standards.
Whenever we ask for sensitive information, such as credit card numbers, we
encrypt it as it is transmitted to us.
We train and require our employees to safeguard your information. We also use
physical, electronic and procedural safeguards to restrict access to personal
information to those employees and agents for business purposes only.
Additionally, we use internal and external resources to review the adequacy of
our security procedures.
Third Parties:
Sometimes, we ask outside firms, or third parties, to help us
provide services, such as designing a Web site, sending e-mails, registering a
prospective domain name, or analyzing data. Our contracts with these third
parties outline the appropriate use and handling of your information and
prohibit them from using any of your personal information for purposes unrelated
to the product or service they're providing. We require vendors to maintain the
confidentiality of the information we provide to them.
We may disclose, access, or report personal information when we believe, in good
faith, we're required to by law or to protect our legal rights. We may also do
this in connection with an investigation into a suspected violation involving
the Terms of Service, fraud, intellectual property infringement, or other
activity that may be illegal or expose us to legal liability. For example, we
may be required to disclose personal information to cooperate with regulators or
law enforcement authorities or to comply with a court order, subpoena, search
warrant, or law enforcement request.
We may report and share information about your account to credit bureaus,
consumer reporting agencies and card associations. Late payments, missed
payments, or other defaults on your account may be reflected in your credit
report and consumer report. We may also share information with other companies,
lawyers, credit bureaus, agents, government agencies and card associations in
connection with issues related to fraud, credit or debt collection.
We work with other companies to provide you with co-branded products and
services, which we clearly identify. Either TMS or the other company may offer
these products and services. We clearly identify these co-branded products and
services. In some cases, we exchange customer usage information to establish and
provide ongoing service. By requesting these products or services, you are
permitting us to provide your personal and usage information to the other
company to fulfill your request.
We also may share non-identifiable, non-personal aggregate information
about our users with third parties, such as advertisers or partners, for
marketing and promotional purposes. Our Web sites may provide links to
third-party sites, such as those of our business partners and online
advertisers. These could include other services, promotions or sweepstakes
offered by business partners. Because TMS does not control the information
policies or practices of these third parties, you should review their privacy
policies to learn more about how they collect and use personal information.
If you are a business partner or a prospective business partner, such as an
affiliate, financial institution or health plan, you may visit a TMS Web site
specifically intended for you. The information you provide on these Web sites
are used only to develop or maintain our business relationship with you. For
example, you may sign up to receive additional information about our programs,
including notifications about new products, features, and events, or to have an
Intuit representative contact you. Once you've become a partner, the Web site
may include members-only program updates and reference materials. If you are no
longer interested in receiving program information from Intuit, you may ask that
your Intuit account representative remove you from future program-specific
communications.
If we sell, merge or transfer any part of our business, part of the sale may
include your personal information. If so, you will be asked if you'd like to
stop receiving promotional information following any change of control.
We may use sources outside of TMS to supplement the information you give us. For
example, we may validate your address using other sources. We use this data to
help us maintain accuracy and provide you with better service.
TMS and its subsidiaries may exchange information about your transactions to
fulfill your requests. We may also provide you information about products or
services we believe you may be interested in unless you have asked us not to
contact you. We offer you the opportunity to review privacy practices at our
subsidiaries' Web sites.
If we make material changes to any of our privacy policies or practices
regarding personal information we will update our statement and post a notice on
our site 30 days before they take effect.
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