Updated as of July, 2012
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.
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”).
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
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.
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.
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 email@example.com.
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