PRIVACY POLICY

In the course of servicing and assisting our current and future customers, Electronic Merchant Systems (“EMS”) may use its website to collect certain information relating to your business. We recognize the sensitive nature of information relating to you and your business, and we want to protect you and your business’ privacy at all times. Consequently, we want to explain to you how we use and treat any information provided to us by visitors to our website.

You should know that all information that we receive from you or your business on our website is held in confidence and is not released to third parties without your consent, except in those very limited instances described below. This Privacy Policy summarizes what information we collect about you or your business from our website, the limited times when we may share it with others, and how we protect your privacy.

Types of Information We Collect.

In order to meet the needs of our prospective and existing business customers, we collect and retain various types of information on our website. However, we do not collect any personally identifiable information about you from our website unless you voluntarily submit such information to us, by, for example, filling out one of the questionnaires described below.

Our website includes a section where potential customers may voluntarily fill out a questionnaire in order to find out more about our company and the services we provide. Information requested by the questionnaire includes your businesses’ name, address, telephone number, website address, monthly sales volume, and other information. The questionnaire assists us in determining your eligibility for our services and what types of services that we offer might be most helpful to your business.

The websites of some of our business partners also contain sections directing potential customers to services provided by EMS. These websites also include questionnaires that interested customers can voluntarily fill out in order to learn more about our services. Although information that you fill out on these questionnaires is submitted to us and covered by this Privacy Policy, you should be aware that we are not responsible for the content or the privacy practices employed by other sites.

Once you become a customer of EMS, EMS generates and maintains your business’ merchant account data, including sales and transaction information. This merchant account data is maintained on EMS’ internal secure network, and is collected, maintained, and used in accordance with the terms and conditions of each party’s agreement with EMS. Customers of EMS may access and review their merchant account data through EMS’ website by utilizing a unique user-ID and password.

How We Use This Information.

EMS generally uses information that is knowingly and voluntarily provided for the purposes for which such information is provided. If you are a potential customer who has voluntarily responded to our questionnaire or a questionnaire located at the website of one of our business partners, we will use your responses to deliver to you information about our company and the services we provide, as well as determine your Business’ eligibility for our services. If you are an existing customer, we will access and use the merchant account data available on our internal secure network to provide customer service and support when you contact us with questions.

We may also use the information that you provide to us on a knowing and voluntary basis to deliver to you information about our company, our website, and the services we provide. Users may “opt-out” of receiving future communications from EMS by following the instructions below.

In general, and except for the situations specifically described below, we do not share any information about you or your business with anyone without your express consent. The law requires disclosure in some instances, such as if we must share information to protect against fraud, in response to a court subpoena, and the like. In connection with establishing a customer account and evaluating your eligibility for our services, we may also share information about you or your business as part of generating a credit report. Information about you or your business may also be transferred in connection with any sale or transfer of all or substantially all of EMS’ assets or business. In all such situations, we stress the confidential nature of the information being shared.

How We Protect the Confidentiality and Security of Current and Potential Customer Information.

Our website has industry standard security measures in place to protect the loss, misuse, unauthorized access and alteration of the information under our control. If you are an existing customer, the personalized website containing your merchant account data may only be accessed by outside parties using your unique user-ID and password. While there is no such thing as “perfect security” on the Internet, we will take all reasonable steps to insure the safety of your personal information. However, we cannot guarantee the security of information provided over the Internet, and we will not be responsible for breaches of security beyond our reasonable control.

Changes to this Privacy Policy.

This Privacy Policy was implemented in its present form on May 1, 2006. We reserve the right to update or modify this Privacy Policy, at any time and without prior notice, by posting the revised version of the Privacy Policy on our website. If we modify this Privacy Policy, the modifications will only apply to the information we collect after we have posted the revised Privacy Policy.

How to Contact Us or Opt-Out of Receiving Certain Communications.

You may change or modify information about you or your business that you previously provided by emailing your request to or calling us at 1-800-615-1330. You may also “opt-out” of receiving communications from us by emailing your request to or calling us at 1-800-726-2117. Because your privacy is very important to us, we encourage you to contact us with any questions or concerns you may have by emailing your question to or calling us at 1-800-726-2117.

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