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Privacy Policy

Updated as of July, 2012

Thank you for visiting one or more of our sites at http://www.mercurypay.com and http://www.mercuryloyalty.com (the “Websites”). At Mercury Payment Systems, LLC (“Mercury”), we value and respect your privacy, and this privacy policy (the “Privacy Policy”) is designed to assist you in understanding how we collect, use, and protect any information you may provide to us. Our Terms and Conditions of Use describe the terms and conditions governing your access to and use of the Websites and are incorporated herein by reference and form an essential part of this Privacy Policy. The provisions contained herein supersede all previous notices or statements regarding our privacy practices with respect to the Websites. YOUR USE OF THE WEBSITES OR OUR PRODUCTS AND SERVICES AND CONTINUED USE OF THE WEBSITES OR OUR PRODUCTS AND SERVICES FOLLOWING ANY CHANGES TO THIS PRIVACY POLICY, SIGNIFIES YOUR CONSENT TO BE LEGALLY BOUND BY BOTH THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY AND THOSE SET FORTH IN OUR TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE TO THE TERMS OF THIS PRIVACY POLICY, DO NOT USE THE WEBSITES OR PROVIDE ANY INFORMATION TO US.

THE INFORMATION WE COLLECT

Mercury markets and/or provides a range of products and services, including merchant card services by and through processors, to merchants through bank(s) that are members of card associations, security related products, and loyalty and gift programs and services. As a part of our business operations, we routinely collect and retain information about our customers, about the users of our products and services, and about other users of the Websites, such as software developers and their dealer resellers who may wish to have access to information about us or our products and services. This information assists us in providing our products and services or in providing information about our products, services and company. It may be used for such activities as administration of records; execution of accounting and funding; compliance with laws or regulations; and/or the development of future products and services.

PERSONAL INFORMATION

Many of the users of our Websites and products and services are businesses or other non-person legal entities. While most of the information we receive and collect is not of a personal nature, portions of the information we receive may include public and non-public personally identifiable information about individuals (“Personal Information”).

USAGE INFORMATION

We may also collect certain indirect and/or aggregate information as a result of your use of, and interaction with, our Websites, products and services, as well as of your use of, and interaction with, the products, services and websites of our business partners (“Usage Information”). We may use certain standard web measurement and tracking technologies such as “cookies,” web server logs, or other statistics programs to collect Usage Information and track and record how you use the Websites. This data is anonymous and does not personally identify you. Usage Information helps us measure the success of the Websites and its features or pages and to improve your online experience, as well as to optimize our products and services. Your browser may have an option that allows you to accept cookies, reject cookies, or receive notification when a cookie is sent, but you should note that the use of such restrictive browser settings may limit your use of the Websites. We do not use spy ware, adware or any other similarly intrusive software.

USE OF INFORMATION COLLECTED

We use your information in order to provide the products and services you request and to analyze, manage and improve the Websites so that we may continually strive to provide you with the best possible products and services. In compliance with applicable laws, it is our policy to require only the Personal Information necessary to enable users to complete the specific transaction requested; we do not condition your participation in any specific activity on our Websites or use of our products and services, including any transaction, on the disclosure of more Personal Information than is reasonably necessary to complete such specific activity and/or transaction. Information such as traffic patterns and the number of page visits help us to further develop and improve the layout of the Websites to better meet your needs. We also use information such as your name and e-mail address to contact you, respond to your inquiries, and send you information. We may use such information to notify you of special offers and other products services that we believe may be of interest to you or to notify you of important new changes to the Websites. Finally, we use collected information to help us diagnose problems with our services, software or other products, as well as our Websites server or other technical issues relating to the performance of the Websites. You should be aware that if you voluntarily disclose personally identifiable information (e.g., name, email address, etc.) on a bulletin board, chat room or on any other community forum that is or may in the future be offered on the Websites, such information may be collected and used by others and may result in unsolicited messages from other parties. We have no control over this type of use of your personally identifiable information and, as such, cannot be responsible. This Privacy Policy does not preclude our unrestricted use of non-personal, summarized, derived, or aggregate information (i.e., volumes, totals, averages, etc.).

DISCLOSURE OF YOUR INFORMATION

We may disclose the information we collect from and about you: (a) when necessary to perform services on your behalf, such as to obtain commercial and credit information to establish, maintain or renew a customer contract; (b) when we have reason to believe that such disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, customers or other users of the Websites, or anyone else who could be harmed by such activities, or is appropriate or necessary to enforce the Terms and Conditions of Use, take precautions against liability, investigate and defend against any third-party claims or allegations, and/or protect the security or integrity of the Websites; (c) to respond to judicial process and provide information to law enforcement agencies in connection with an investigation on matters related to public safety, as permitted by law, or otherwise as required by law or to comply with the rules and regulations of any credit or debit card payment network, or in the good-faith belief that such action is necessary to comply with state and federal laws or such rules and regulations; (d) to our business partners to report activity and use of our products and services, for research, analytical and marketing purposes, such as analyzing usage patterns for certain content, services, advertisements, promotions, and/or functionality on the Websites and/or to our subsidiaries, affiliated companies, or other businesses or persons for the purpose of processing such information or providing services on our behalf.; or (e) otherwise with your consent. We may sell or buy other businesses or entities. In such event, we may transfer or assign the information we have collected as part of such merger, acquisition, sale, or other change of control. In such transactions, your information, including Personal Information, may be included in the transferred business assets. Also, in the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your information, including Personal Information, is treated, transferred, or used and your information, including Personal Information, may be included in the transferred assets. We may use your Usage Information to identify and develop products and services that may be of interest to you and/or share this information with certain third parties for direct marketing purposes with respect to special offers, products, services, programs, promotions, surveys, publications, invitations or other opportunities that may be of interest to certain demographic groups. Under the laws of some jurisdictions, you may be entitled to request disclosure regarding how we share your Usage Information with third parties for direct marketing purposes (“Information-Sharing Disclosure”). To the extent required by applicable law, we shall provide the Information-Sharing Disclosure to you upon rightful request made in writing to Mercury Payment Systems, LLC, Attention: Corporate Compliance, 10 Burnett Court, Suite 300, Durango, CO 81301. Except as explained above, we will not share any of your information with any third party, unless we have received your express permission to do so.

OPTING-OUT

You may opt-out of receiving communications about special offers or programs by clicking on a link provided at the bottom of the email communication.

LINKED SITES

Our Websites may contain links to other websites which may have privacy policies that differ from our own. We are not responsible for the collection, use or disclosure of information collected through third-party websites and expressly disclaim any liability related to such collection, use or disclosure. We are also not responsible for any information or content contained on such websites. Links to other websites are provided solely as a convenience. Your browsing, use and interaction on any other websites, including websites which have a link to the Websites, are subject to that website’s own rules and policies. Accordingly, we recommend that you review the privacy policy posted on any website that you may access through, or which links to the Websites.

CHILDREN’S PRIVACY

The Websites are not directed to, and we do not knowingly collect Personal Information from, children under the age of 13. If you are under 13 years of age, do not use or access the Websites at any time or in any manner. If you believe that you may have information regarding a person under 13 that you believe to have registered an account with, or otherwise provided Personal Information via, the Websites, please contact us at legal@mercurypay.com.

SECURITY PROCEDURES

We take commercially reasonable precautions and have implemented commercially reasonable technical measures intended to protect against the risks of unauthorized access to, erroneous disclosure of, and unlawful interception of information submitted via the Websites or otherwise collected by us. However, your email transmissions and/or other communications containing such information, including Personal Information, may be unlawfully intercepted or accessed by third parties and/or the Websites and our products and services may be subject to hostile network attacks or administrative errors. We cannot and do not guarantee the security of any information transmitted over the internet. Once we receive your information, we take steps that we believe are commercially reasonable to limit access to your information to only those employees, business partners and service providers whom we determine need access to the information to provide the requested services, products, offers or opportunities that may be of interest to you. However, even after we receive your information, we cannot guarantee that your information may not be accessed, disclosed, altered, or destroyed as a result of a breach of our commercially reasonable efforts or as a result of any other event beyond our reasonable control. Accordingly, we cannot and do not guarantee that your information, including Personal Information, is completely secure and safe from such risks. FOR THE AVOIDANCE OF DOUBT, WE EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ENSURING, GUARANTEEING OR OTHERWISE OFFERING ANY DEFINITIVE PROMISE OF SECURITY IN CONNECTION WITH YOUR INFORMATION, INCLUDING PERSONAL INFORMATION OR USAGE INFORMATION, THROUGH THE WEBSITES.

SPECIAL NOTE TO INTERNATIONAL USERS

By using the Websites, you agree and acknowledge that the Websites are hosted in the United States. If you are attempting to access the Websites from a physical location within Canada, the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of the Websites, which is governed by U.S. law, this Privacy Policy, and the Terms and Conditions of Use, you are transferring your information, including Personal Information, to the United States and you consent to such transfer. Use of the Websites and the interpretation of this Privacy Policy shall be governed by the laws of the United States of America and/or the State of Colorado, United States of America; other than such rules, regulations, case law, and/or international treaties that would result in the application of the laws of a jurisdiction other than the United States or the State of Colorado. Through your use of the Websites, you consent to the application of such laws and the exclusive jurisdiction and venue of the courts of the United States and the State of Colorado sitting in La Plata County in all disputes: (a) arising out of or relating to the Websites and/or this Privacy Policy; (b) in which the Websites and/or this Privacy Policy is an issue of fact; or (c) in which the Websites or this Privacy Policy is referenced in a paper filed in such dispute. Both Mercury and you hereby agree that such courts shall have in personam jurisdiction and venue with respect to such party, and each of us hereby submits to the in personam jurisdiction and venue of such courts and waives any objection based on inconvenient forum. A printed version of this Privacy Policy and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Privacy Policy to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

CHANGES AND UPDATES TO THE PRIVACY POLICY

From time to time, we may revise this Privacy Policy. The most current version of this Privacy Policy can be reviewed by clicking on the “Privacy Policy” link located at the bottom of our Websites. Your use of the Websites or our products or services following the posting of any revised Privacy Policy shall be deemed acceptance of the revised policy, so we strongly recommend that you check back on this Privacy Policy periodically. If, and only if, we make revisions to this Privacy Policy that result in a material lessening of the restrictions on our use or disclosure of your Personal Information, we will make a commercially reasonable attempt to provide you notice of such revision before implementing such revisions with respect to such Personal Information.

If you disagree with the terms of this Privacy Policy at any time, your sole remedy is to terminate your use of the Websites and inform us of such termination as described in this Privacy Policy. Continued use of the Websites or our products or services constitutes your agreement to any Privacy Policy as in effect.

CONTACT INFORMATION

If you have any questions or comments with respect to this Privacy Policy or your rights hereunder, please contact us at Legal@MercuryPay.com.

MISCELLANEOUS

If any part of this Privacy Policy is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Privacy Policy shall continue in force and effect.


Additional Information

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