Updated on 06/10/2021

1ST Merchant (“us”, “we”, or “our”) operates 1st Merchant Solutions – Your 1st Choice (the “Site”). This page informs you of our policies regarding the collection, use and disclosure of Personal Information we receive from users of the Site. We use your Personal Information only for providing and improving the Site. By using the Site, you agree to the collection and use of information in accordance with this policy.

Information Collection And Use While using our Site

We may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to your name (“Personal Information”). Log Data Like many site operators, we collect information that your browser sends whenever you visit our Site (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, and the pages of our Site 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 or tracking services in websites or apps, like Google Analytics.

Communications

We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that that is provided by you the consumer/customer. The Communications section is for businesses that may contact users via email (email newsletters) or other methods. For the full disclosure, please review our (1ST Merchant) Privacy Policy.

This 1ST Merchant Privacy Notice describes the types of Personal Information we collect, the purposes for which we collect that Personal Information, the other parties with whom we may share it and the measures we take to protect the security of the data. It also tells you about your rights and choices with respect to your Personal Information, and how you can contact us about our privacy practices.

Please note that we also act on behalf of and under the instructions of financial institutions, merchants and other partners which act as data controllers, including for processing payment transactions. Please refer to their respective privacy policies for more information regarding the processing of your Personal Information in these contexts.

Our privacy practices may vary among the countries in which we operate to reflect local practices and legal requirements. Specific privacy notices may apply to some of our products and services.

Cookies

Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer’s hard drive. Like many sites, we use “cookies” to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Site.

Personal Information We May Collect

“Personal Information” means any information relating to an identified or identifiable individual. We may collect the following categories of Personal Information:

  • Transaction information, such as personal account number, the merchant’s name and location, the date and the total amount of transaction, and other information provided by financial institutions or merchants when we act on their behalf.
  • Product and service information, such as registration and payment information, and program-specific information, when you request products or services directly from us, or participate in marketing programs.
  • Website, device and mobile app usage, and similar information collected via automated means, such as cookies and similar technologies.
  • Job applications and related information when you apply for a job with us.
  • Business contact information when you work for one of our business partners.

How We May Use Your Personal Information

We May Use Your Personal Information to:

  • Process your payment transactions.
  • Protect against and prevent fraud, and other legal or information security risks.
  • Provide connectivity and dispute resolution services.
  • Provide and communicate with you about products and services offered by Vendors, financial institutions, merchants and partners.
  • Provide you with personalized services and recommendations.
  • Operate, evaluate and improve our business, including anonymization and analytics.
  • Process your job application.
  • Serve other purposes for which we provide specific notice at the time of collection, and as otherwise authorized or required by law.
  • Generate anonymized and aggregated data to analyze and to provide partners spending patterns, fraud and other trends.
  • Learn more about you, including your preferences or other characteristics. We treat these inferences as Personal Information where required under applicable law.
    Where required under applicable law, we will only use your Personal Information with your consent; as necessary to provide you with products and services; to comply with a legal obligation; or when there is a legitimate and overriding interest that necessitates the use.

How We Share Your Personal Information

We May Share Personal Information with:

  • With our third party vendors our affiliates and other entities within the industry to server you better.
  • Service providers acting on our behalf.
  • Other participants in the payment ecosystem, including financial institutions, and merchants.
  • Other participants in the Open Banking ecosystem, including financial institutions, merchants and third parties.
  • Third parties for fraud monitoring and prevention purposes, or other purposes required by law.
  • Third parties whose feature you use in connection with our products and services or with your consent.
  • Other entities as required under applicable law or in the event of a sale or transfer of our business or assets.

Your Rights and Choices

Depending on your country, you may have the right or choice to:

  • Opt out of some collection or uses of your Personal Information, including the use of cookies and similar technologies, the use of your Personal Information for marketing purposes, and the anonymization of your Personal Information for data analyses.
  • Access your Personal Information, rectify it, restrict or object to its processing, or request its deletion or anonymization.
  • Receive the Personal Information you provided to us to transmit it to another company.
  • Withdraw any consent provided.
  • Where applicable, lodge a complaint with your supervisory authority

Data Transfers

We may transfer your Personal Information to the United States and other countries which may not have the same data protection laws as the country in which you initially provided the information, but we will protect your Personal Information in accordance with our 1ST Merchant Privacy Notice, or as otherwise disclosed to you.

How We Protect Your Personal Information

We maintain appropriate security safeguards to protect your Personal Information and only retain it for a limited period of time.

Children’s Privacy

1ST Merchant’s services are not directed to, or intended for, children under the age of 16.

Consent

Your consent needs to be voluntary and not implied

  1. Freely-given
  2. Specific
  3. Informed and unambiguous
  4. Come in the form of a statement of clear affirmative action

    Privacy laws require clear consent, and that means no more browsewrap (A website agreement (typically the website’s terms of use or service) that aims to bind the user by virtue of the user browsing the website. Unlike a clickwrap agreement, browsewrap agreements do not require a user take action to affirm his consent to be bound.)

Security

The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

Changes To This Privacy Policy

 This Privacy Policy is effective as of (6/10/2021) and will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on this page. We reserve the right to update or change our Privacy Policy at any time and you should check this Privacy Policy periodically. Your continued use of the Service after we post any modifications to the Privacy Policy on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Privacy Policy. If we make any material changes to this Privacy Policy, we will notify you either through the email address you have provided us, or by placing a prominent notice on our website.

Disclosure of Data

Legal Requirements: 1ST Merchant may disclose your Personal Data in the good faith belief that such action is necessary to:

* To comply with a legal obligation

* To protect and defend the rights or property of 1ST Merchant

* To prevent or investigate possible wrongdoing in connection with the Service

* To protect the personal safety of users of the Service or the public

* To protect against legal liability

Security of Data: The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While, we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

Service Providers We may employ third party companies and individuals to facilitate our Service (“Service Providers”), to provide the Service on our behalf, to perform Service related services or to assist us in analyzing how our Service is used. These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated safeguard your Personal Data according to their privacy policies.

Links to Other Sites: Our Service may contain links to other sites that are not operated by us. If you click a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit. We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services employ.

Changes to This Privacy Policy: We may update our Privacy Policy from time to lime. We will notify you of any changes by posting the new Privacy Policy on this page. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Information for California Residents

The information provided in this Information for California Residents section only applies to California residents. This notice describes how we collect, use and share your Personal Information (as defined in the California Consumer Privacy Act of 2018, or “CCPA”), and your rights with respect to that Personal Information.

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 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 Data, we are unable to use.

How to exercise your rights?

You may exercise your California privacy rights as follows:

Right to information, access and deletion.

You can request to exercise your information, access and deletion rights in the following ways:

  • Call (855) 505-6789

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 will require the authorized agent to have a written authorization confirming that authority.

Contact Us

Contact us, If you have any questions about this Privacy Policy:

Please contact us:

* Address 6251 Smithpointe DR, Peachtree Corners, GA, 30092.

* Toll Free: (855) 505-6789.

* Fax: (855) 542-1999.

* Email: [email protected]