Privacy Policy Last Updated: October 11, 2018

Payment Brokers Group, LLC (“PBG”) and its affiliates (collectively “PBG”, “we” and “us”) respect your privacy. We offer services that enable developers, companies, and merchants to safely conduct credit card, ACH, and check payment transactions in person and online.

This Global Privacy Policy describes the types of personal data we collect through our payments products and services (“Services”) and via our online presence, which include our main website at www.paymentbrokersgroup.com, as well as services and websites that we enable Internet users to access (collectively, our “Sites”). This policy also describes how we use Personal Data, with whom we share it, your rights and choices, and how you can contact us about our privacy practices. This policy does not apply to third-party websites, products, or services, even if they link to our Services or Sites, and you should consider the privacy practices of those third-parties carefully.

1. Overview

PBG obtains Personal Data about you from various sources to provide our Services and to manage our Sites. “You” may be a visitor to one of our websites, a user of one or more of our Services (“User” or “PBG User”), or a customer of a User (“Customer”). If you are a Customer, PBG will generally not collect your Personal Data directly from you. Your agreement with the relevant PBG User should explain how the PBG User shares your Personal Data with PBG, and if you have questions about this sharing, then you should direct those questions to the PBG User.

2. Personal Data We Collect

  1. Personal Data that we collect about you.

    Personal Data is any information that relates to an identified or identifiable individual. The Personal Data that you provide directly to us through our Sites will be apparent from the context in which you provide the data.

    When you respond to PBG emails or surveys we collect your email address, name and any other information you choose to include in the body of your email or responses. If you contact us by phone, we will collect the phone number you use to call PBG. If you contact us by phone as a PBG User, we may collect additional information in order to verify your identity.

    If you are a PBG User, you will provide your contact details, such as name, postal address, telephone number, and email address. As part of your business relationship with us, we may also receive financial and personal information about you, such as your date of birth and government identifiers associated with you and your organization (such as your social security number, tax number, or Employer Identification Number).

    If you are a Customer, when you make payments or conduct transactions through a PBG User’s website or application, we will receive your transaction information. Depending on how the PBG User implements our Services, we may receive this information directly from you, or from the PBG User or third parties. The information that we collect will include payment method information (such as credit or debit card number, or bank account information), purchase amount, date of purchase, and payment method. Different payment methods may require the collection of different categories of information. The PBG User will determine the payment methods that it enables you to use, and the payment method information that we collect will depend upon the payment method that you choose to use from the list of available payment methods that are offered to you by the PBG User.

    When we conduct fraud monitoring, prevention and detection activities, we may also receive Personal Data about you from our business partners, financial service providers, identity verification services, and publicly available sources (e.g., name, address, phone number, country), as necessary to confirm your identity and prevent fraud. Our fraud monitoring, detection and prevention services may use technology that helps us assess the risk associated with an attempted transaction that is enabled on the PBG User’s website or the application that collects information.

    You may also choose to submit information to us via other methods, including: (i) in response to marketing or other communications, (ii) through social media or online forums, (iii) through participation in an offer, program or promotion, (iv) in connection with an actual or potential business relationship with us, or (v) by giving us your business card or contact details at trade shows or other events.

  2. Information that we collect automatically on our Sites.

    Our Sites use cookies and other technologies to function effectively. These technologies record information about your use of our Sites, including but not limited to:

    • Browser and device data, such as IP address, device type, operating system and Internet browser type, screen resolution, operating system name and version, device manufacturer and model, language, plug-ins, add-ons and the language version of the Sites you are visiting;
    • Usage data, such as time spent on the Sites, pages visited, links clicked, language preferences, and the pages that led or referred you to our Sites.

    We also may collect information about your online activities on websites and connected devices over time and across third-party websites, devices, apps and other online features and services. We use, among others, Google Analytics on our Sites to help us analyze your use of our Sites and diagnose technical issues.

3. How We Use Personal Data

  1. Our products and services.

    We rely upon a number of legal grounds to ensure that our use of your Personal Data is compliant with applicable law. We use Personal Data to facilitate the business relationships we have with our Users, to comply with our financial regulatory and other legal obligations, and to pursue our legitimate business interests. We also use Personal Data to complete payment transactions and to provide payment-related services to our Users.

  2. Marketing and events-related communications.

    We may send you email marketing communications about PBG products and services, invite you to participate in our events or surveys, or otherwise communicate with you for marketing purposes, provided that we do so in accordance with the consent requirements that are imposed by applicable law. When we collect your business contact details through our participation at trade shows or other events, we may use the information to follow-up with you regarding an event, send you information that you have requested on our products and services and, with your permission, include you on our marketing information campaigns.

  3. Interest-based advertising.

    When you visit our Sites or online services, both we and certain third parties collect information about your online activities over time and across different sites to provide you with advertising about products and services tailored to your individual interests (this type of advertising is called “interest-based advertising”). These third parties may place or recognize a unique cookie or other technology on your browser (including the use of pixel tags). Where required by applicable law, we will obtain your consent prior to processing of your information for the purpose of interest-based advertising.

    You may see our ads on other websites or mobile apps because we participate in advertising networks. Ad networks allow us to target our messaging to users based on a range of factors, including demographic data, users’ inferred interests and browsing context (for example, the time and date of your visit to our Sites, the pages that you viewed, and the links that you clicked on). This technology also helps us track the effectiveness of our marketing efforts and understand if you have seen one of our advertisements.

    We work with Google AdWords and other advertising networks. To learn how to opt out of behavioral advertising delivered by Network Advertising Initiative member companies, please visit the Network Advertising Initative and Digital Advertising Alliance. You may download the AppChoices app to opt out in mobile apps. If you opt out from interest-based advertising, you may see advertising that is not relevant to you. At present, there is no industry standard for recognizing Do Not Track browser signals, so we do not respond to them.

4. How We Disclose Personal Data

PBG does not sell or rent Personal Data to marketers or unaffiliated third parties. We share your Personal Data with trusted entities, as outlined below:

  1. PBG

    We share Personal Data with other PBG entities in order to provide our Services and for internal administration purposes.

4. How We Disclose Personal Data

PBG does not sell or rent Personal Data to marketers or unaffiliated third parties. We share your Personal Data with trusted entities, as outlined below:

  1. PBG

    We share Personal Data with other PBG entities in order to provide our Services and for internal administration purposes.

  2. Service providers

    We share Personal Data with a limited number of our service providers. We have service providers that provide services on our behalf, such as identity verification services, website hosting, data analysis, information technology and related infrastructure, customer service, email delivery, and auditing services. These service providers may need to access Personal Data to perform their services. We authorize such service providers to use or disclose the Personal Data only as necessary to perform services on our behalf or comply with legal requirements. We require such service providers to contractually commit to protect the security and confidentiality of Personal Data they process on our behalf. Our service providers are predominantly located in the United States of America.

  3. Business partners

    We share Personal Data with third party business partners when this is necessary to provide our Services to our Users. Examples of third parties to whom we may disclose Personal Data for this purpose are banks and payment method providers (such as credit card networks) when we provide payment processing services, and the professional services firms that we partner with to deliver processing services.

  4. Our Users and third parties authorized by our Users

    We share Personal Data with Users as necessary to maintain a User account and provide the Services. We share data with parties directly authorized by a User to receive Personal Data, such as when a User authorizes a third party application provider to access the User’s PBG account. The use of Personal Data by an authorized third party is subject to the third party’s privacy policy.

  5. Corporate transactions

    In the event that we enter into, or intend to enter into, a transaction that alters the structure of our business, such as a reorganization, merger, sale, joint venture, assignment, transfer, change of control, or other disposition of all or any portion of our business, assets or stock, we may share Personal Data with third parties for the purpose of facilitating and completing the transaction.

  6. Compliance and harm prevention

    We share Personal Data as we believe necessary: (i) to comply with applicable law, or payment method rules; (ii) to enforce our contractual rights; (iii) to protect the rights, privacy, safety and property of PBG, you or others; and (iv) to respond to requests from courts, law enforcement agencies, regulatory agencies, and other public and government authorities, which may include authorities outside your country of residence.

5. Your Rights and Choices

You have choices regarding our use and disclosure of your Personal Data:

  1. Opting out of receiving electronic communications from us.

    If you no longer want to receive marketing-related emails from us, you may opt-out via the unsubscribe link included in such emails. We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt-out of receiving marketing-related emails from us, we may still send you important administrative messages that are required to provide you with our Services.

  2. How you can see or change your account Personal Data.

    If you would like to review, correct, or update Personal Data that You have previously disclosed to us, you may do so by signing in to your PBG account or by contacting us directly, our contact information is noted at the bottom of this document.

  3. Your data protection rights.

    Depending on your location and subject to applicable law, you may have the following rights with regard to the Personal Data we control about you:

    • The right to request confirmation of whether PBG processes Personal Data relating to you, and if so, to request a copy of that Personal Data;
    • The right to request that PBG rectifies or updates your Personal Data that is inaccurate, incomplete or outdated;
    • The right to request that PBG erase your Personal Data in certain circumstances provided by law;
    • The right to request that PBG restrict the use of your Personal Data in certain circumstances, such as while PBG considers another request that you have submitted (including a request that PBG make an update to your Personal Data); and
    • The right to request that we export to another company, where technically feasible, your Personal Data that we hold in order to provide Services to you.

    Where the processing of your Personal Data is based on your previously given consent, you have the right to withdraw your consent at any time. You may also have the right to object to the processing of your Personal Data on grounds relating to your particular situation.

  4. Process for exercising data protection rights.

    In order to exercise your data protection rights, you may contact PBG as described in the Contact Us section below. We take each request seriously. We will comply with your request to the extent required by applicable law. We will not be able to respond to a request if we no longer hold your Personal Data.

    For your protection, we may need to verify your identity before responding to your request, such as verifying that the email address from which you send the request matches your email address that we have on file. If we no longer need to process Personal Data about you in order to provide our Services or our Sites, we will not maintain, acquire or process additional information in order to identify you for the purpose of responding to your request.

    If you are a Customer of a PBG User, please direct your requests directly to the User. For example, if you are making, or have made, a purchase from a merchant using PBG as a payment processor, and you have a request that is related to the payment information that you provided as part of the purchase transaction, then you should address your request directly to the merchant.

6. Security and Retention

We make reasonable efforts to ensure a level of security appropriate to the risk associated with the processing of Personal Data. We maintain organizational, technical and administrative measures designed to protect Personal Data within our organization against unauthorized access, destruction, loss, alteration or misuse. Your Personal Data is only accessible to a limited number of personnel who need access to the information to perform their duties. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of your account has been compromised), please contact us immediately.

If you are a PBG User, we retain your Personal Data as long as we are providing the Services to you. We retain Personal Data after we cease providing Services to you, even if you close your PBG account, to the extent necessary to comply with our legal and regulatory obligations, and for the purpose of fraud monitoring, detection and prevention. We also retain Personal Data to comply with our tax, accounting, and financial reporting obligations, where we are required to retain the data by our contractual commitments to our financial partners, and where data retention is mandated by the payment methods that we support. Where we retain data, we do so in accordance with any limitation periods and records retention obligations that are imposed by applicable law.

7. International Data Transfers

We are a global business. Personal Data may be stored and processed in any country where we have operations or where we engage service providers. We may transfer Personal Data that we maintain about you to recipients in countries other than the country in which the Personal Data was originally collected, including to the United States. Those countries may have data protection rules that are different from those of your country. However, we will take measures to ensure that any such transfers comply with applicable data protection laws and that your Personal Data remains protected to the standards described in this Privacy Policy. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your Personal Data.

8. Use by Minors

The Services are not directed to individuals under the age of EIGHTEEN-(18), and we request that they not provide Personal Data through the Services.

9. Updates To this Privacy Policy and Notifications

We may change this Privacy Policy from time to time to reflect new services, changes in our Personal Data practices or relevant laws. The “Last updated” legend at the top of this Privacy Policy indicates when this Privacy Policy was last revised. Any changes are effective when we post the revised Privacy Policy on the Services. We may provide you with disclosures and alerts regarding the Privacy Policy or Personal Data collected by posting them on our website and, if you are a User, by contacting you through your Dashboard, email address and/or the physical address listed in your PBG account.

10. Links To Other Websites

The Services may provide the ability to connect to other websites. These websites may operate independently from us and may have their own privacy notices or policies, which we strongly suggest you review. If any linked website is not owned or controlled by us, we are not responsible for its content, any use of the website or the privacy practices of the operator of the website.

11. Jurisdiction and Venue Provisions

THIS AGREEMENT AND ALL QUESTIONS ARISING IN CONNECTION HEREWITH SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF COLORADO, AND ALL SUITS HEREUNDER OR IN RESPECT HERETO BY EITHER PARTY SHALL BE INSTITUTED IN THE COLORADO COURTS. FURTHERMORE, MW HEREBY SUBMITS TO THE JURISDICTION AND VENUE OF THE COUNTY COURT OF ARAPAHOE COUNTY, COLORADO, THE DISTRICT COURT OF ARAPAHOE COUNTY, COLORADO, OR IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO, AND HEREBY CONSENTS TO SERVICE OF PROCESS AT MW’S ADDRESS SET FORTH ABOVE.

EACH PARTY, TO THE EXTENT PERMITTED BY LAW, KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ITS RIGHT TO A TRIAL BY JURY IN ANY ACTION OR OTHER LEGAL PROCEEDING ARISING OUT OF OR RELATING IN ANY MANNER TO THIS AGREEMENT AND THE TRANSACTIONS IT CONTEMPLATES. THE PARTIES AGREE THAT ANY DISPUTE SHALL BE TRIED TO A JUDGE WITHOUT A JURY. THIS WAIVER APPLIES TO ANY ACTION OR LEGAL PROCEEDING WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE. EACH PARTY ACKNOWLEDGES THAT IT HAS RECEIVED THE ADVICE OF COUNSEL TO THE EXTENT IT DESIRES TO DO SO.

12. Contact Us

If you have any questions or complaints about this Privacy Policy, please contact us electronically or send physical mail to:

Payment Brokers Group, LLC
Attention: PBG Legal
8400 E Prentice Ave., 15th Floor
Greenwood Village, CO 80111

legal@paymentbrokersgroup.com