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TOTAL MERCHANT SERVICES
Privacy Statement
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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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