ProPay Privacy Notice

Last Updated: December 15, 2023

At ProPay, Inc. (“ProPay”), a Global Payments company, we respect your concerns about privacy. Except where otherwise indicated, this Privacy Notice (“Notice”) relates to the collection of personal information from users of our websites (“Sites”) and web and mobile applications (“Apps”) in the course of our business activities. Please read this Notice carefully. If you have any questions, you may contact us at privacy@globalpay.com or by the methods provided in the “Contact Us” section below.

For the purpose of this Notice, ProPay, “we” and “us” refer to ProPay, Inc., and its subsidiaries and affiliates, as the context requires. Our privacy practices vary depending on the services we provide. For some products and services, where required, we will provide additional privacy notices before collecting your personal information. We may also provide different or supplemental privacy notices for different countries, and we maintain specific privacy notices for job applicants, employees, and contractors. If you are a job applicant, employee, or contractor and need a copy of the applicable privacy notice, please contact us at privacy@globalpay.com

ProPay provides payment products and services for commercial and non-commercial enterprises (collectively, the “Services”). In the delivery of our services, we routinely collect and retain personal information about our current and prospective customers and their officers, agents, and other representatives (collectively, our “Customers”), as well as about the individuals with whom our Customers do business (“End Users”). For our Customers, information about disclosures, transfers and other processing of personal information as part of the Services is set out in the documentation provided to them at or before onboarding. This Notice should be viewed as a supplement to any other notices or contractual terms that we provide to our Customers.

Because ProPay’s relationship with End Users is indirect, we process such End User personal information only for the purposes of providing the Services, pursuant to our contracts with our Customers. If you are an End User who has a relationship with one of our Customers, and you have a question about how your personal information is collected, used, or disclosed, or would like to exercise any rights you may have with respect to your personal information, please contact the Customer directly.

Please be aware that not all of the information in this Notice will be directly applicable to our handling of your personal information. This Notice provides an overview of the possible circumstances in which we may interact with your personal information. 

Select one of the links below to jump to the relevant section:

Personal Information We Collect

“Personal information” is information that identifies you as an individual or relates to an identifiable individual. Subject to your consent if required by law, we may collect the following personal information:

  • Basic Identifying Information, including your full name, postal address, email address, phone number, username, and other similar identifiers.

  • Government-Issued Identifiers, including your driver’s license number, Social Security number, or other similar government identifiers (if you complete a merchant application).

  • Device Information and Other Unique Identifiers, including device identifier, internet protocol (IP) address, cookies and other electronic identifiers (if your privacy choices permit them), or similar unique identifiers.

  • Internet or Other Network Activity, including browsing or search history and information regarding your interactions with our Services, Sites and Apps.

  • Payment Information, including credit or debit card numbers (if you transact with one of our Customers, or otherwise engage in transactions with us).

  • Commercial information, including information about your business, your commercial transactions with us, and your preferences regarding products and related services which are of interest to you (see “Managing Your Preferences” below). 

  • Professional or employment related information, including your role or status with the organization with which you are affiliated (if you are an employee, agent, or other representative of a Customer). 

  • Information You Provide, including your communications with us and any other content you provide (such as if you report a problem with our Services, Sites or Apps).

  • Geolocation Data, including information that permits us to determine your precise location, if you manually provide precise location information or enable your device to send us precise location information

  • Audio and Visual Information, including photographs, images, videos, and recordings of your voice (such as when we record calls or videos for quality assurance or other business activities).

  • Inferences drawn from or based on the foregoing, such as your preferences for certain products or communications (if you are a Customer), or such as the likelihood that a transaction in your name is valid (if you are an End User). 

Data anonymization and aggregation. Please note that we may anonymize or aggregate your personal information so that you are not identified or identifiable from it, and then use the anonymized or aggregated data for statistical analysis, including to analyze trends, for product development, for risk assessments and cost analysis, and for other purposes. We may share anonymized or aggregated data with our parent, subsidiaries, affiliates, service providers, or with other third parties. This Notice does not restrict our use of sharing of any anonymized or aggregated information. Where we maintain or use de-identified information, we will continue to maintain and use the de-identified information only in a de-identified fashion and will not attempt to re-identify the information.

Sources of Personal Information

Information that you provide to us:  We collect personal information that you provide to us when you set up an account with us, use our Services, or communicate with us. For example, if you register for an online account with us, we may request your name, contact information and business information. Providing us with personal information is voluntary, and you can always choose not to provide certain information, but then you may not be able to take advantage of or participate in some of the Services.

Information collected from third parties:  We may collect information about you from third parties in the course of providing our Services. For example, we may collect personal information from credit-reporting agencies to enable us to identify you, prevent possible fraud and to deliver the Services.

Information collected through technology:  When you use our Sites, Services or Apps, or interact with an email we send to you, we may collect certain information automatically, such as your account or device identifier, and usage information such as pages that you visit, information about links you click, the types of content you interact with, the frequency and duration of your activities, and other information about how you use our services. You have the ability to express your preference regarding some of the ways we collect information through technology in some of our services (see “Cookies and Other Tracking Technologies” for more information). When you download and use our Apps, we and our service providers may track and collect App usage data, such as the date and time the App on your device accesses our servers and what information and files have been downloaded to the App based on your device number.  Subject to your consent where required by law, we may collect geolocation in the Services, Sites or Apps for the purpose of enabling location-based Services.

How We Use the Personal Information We Collect

Subject to your consent if required by law, we may use your personal information for the following business purposes:

  • Providing our Services and related support: including to help fulfill your requests for products and Services; to communicate with you about your use of our Services; to respond to your inquiries; to provide troubleshooting and other technical support; and for other customer service and support purposes. 

  • Protecting the integrity of the Services: including to verify your identity; to detect and prevent fraud and unauthorized activities; to facilitate software; to preserve the integrity of the Services and our systems, and prevent unauthorized access and activities; to enforce our applicable terms; and to protect the rights and safety of others.

  • Analyzing and improving the Services and our business: including to better understand how users access and use our Services; to evaluate, repair, and improve the Services and our business operations; to develop new features, offerings and Services; to conduct surveys and other evaluations; and for other research and analytical purposes. 

  • Personalizing the Services: including to tailor content we send or display on our Sites and Services (e.g., for your geographic area); to offer personalized help and instructions; and to otherwise personalize your experiences with the Services. 

  • Advertising, marketing and promotional purposes: including to reach you with more relevant ads and to evaluate, measure and improve the effectiveness of our ad campaigns; to contact you about our Services, and those of our affiliates, as well as other information we think may interest you. Where required by applicable law, we will obtain your consent to use your personal information for marketing and related purposes. 

  • Operating, securing and protecting our business: including to conduct our operations and for other general business purposes; to protect and secure our business operations, assets, services, network and information and technology resources; to investigate, prevent, detect and take action regarding fraud, unauthorized access, situations involving potential threats to the rights or safety of any person or third party, or other unauthorized activities or misconduct.

  • Defending our legal rights: including to manage and respond to actual and potential legal disputes and claims, and to otherwise establish, defend or protect our rights or interests, including in the context of anticipated or actual litigation with users or third parties. 

  • Auditing, reporting, corporate governance, and internal operations: including relating to financial, tax and accounting audits; audits and assessments of our operations, privacy, security and financial controls, risk, and compliance with legal obligations; our general business, accounting, record keeping and legal functions; to maintain appropriate business records; to enforce company policies and procedures; and related to any actual or contemplated merger, acquisition, asset sale or transfer, financing, bankruptcy or restructuring of all or part of our business. 

  • Complying with legal obligations: including to comply with the law, our legal obligations and legal process, such warrants, subpoenas, court orders, and regulatory or law enforcement requests. 

How we Disclose the Personal Information We Collect

For each category of personal information we collect, we may disclose such information to the following categories of third parties in the manner and for the purposes described below:

  • To ProPay affiliates where such disclosure is necessary to provide our Services or to manage our business, or to enable our affiliates to provide their Services or manage their businesses. 

  • To non-affiliated service providers whose systems, applications, products or services help us to provide the Services, and who maintain a contractual relationship with us. For example, we share personal information with IT service providers who help manage our back office systems or administer our Sites and Apps. 

  • To our Customer with whom you are also engaging when you use the Services. For example, you may be using a ProPay Site to log into your account with our Customer. ProPay will share the personal information you provide in order to fulfill your request. You may also receive communications from the Customer. Each such Customer operates independently from ProPay and their collection and use of your personal information is not subject to this Notice but to their own privacy notices.

  • To other third parties including financial institutions such as Visa®, MasterCard®, Discover® Card services, and banking institutions involved in supporting, clearing or settling payment-related transactions.

  • To logistics service providers to enable the delivery of packages to individuals. 

  • We may disclose internet/electronic activity information (see “Cookies and Other Tracking Technologies” below) to advertisers and analytics providers in order to help us measure our ad campaigns and better understand how individuals interact with our Services, Sites and Apps.

  • To regulators including state and federal agencies, card brands, payment financial networks, issuing banks and other parties required to enable compliance with laws, regulations and industry standards related to transaction processing and in order to obtain commercial and credit information to establish, maintain or renew a customer’s contract(s), as may be required to provide any of the Services for which a Customer has subscribed, or to comply with the rules and regulations of any credit or debit card payment network or otherwise in accordance with this Notice.

  • In response to a court order or a request for cooperation from a regulatory, law enforcement or other government agency; to establish or exercise our legal rights; to defend legal claims; or as otherwise required or permitted by applicable laws and/or regulations.

  • When we believe that disclosure is appropriate in connection with efforts to investigate, prevent, or take action regarding actual or suspected illegal activity, fraud, or other wrongdoing; to protect and defend the rights, property or safety of ProPay, its customers, staff, suppliers or others.

  • To third parties in connection with any proposed or actual reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our assets or stock (including in connection with any bankruptcy or similar proceedings).

  • To other third parties with whom you direct us to share defined categories of your personal information.

ProPay may also disclose personal information about you if it believes such disclosure is necessary to comply with laws or respond to lawful requests and legal process, to enforce our agreements, policies and terms of use and to protect or defend the rights, safety or property of ProPay, users of the Services or any person.

Our Relationship with Affiliate Companies (Including Sharing and Cross-Border Transfers)

Subject to your consent if required by law, we may appoint an affiliate company to process personal information in a service provider role. We will remain responsible for that company’s processing of personal information pursuant to applicable data privacy laws.

Because our affiliate companies are located around the globe, personal information may be transferred to and stored in the United States or in another country outside of the country in which you reside, which may be subject to different standards of data protection than your country of residence. We take appropriate steps to transfer personal information in accordance with applicable law.

Login Details and Your Responsibility

Subject to your consent if required by law, we will collect and process personal information as necessary to set up and administer your sign up to, and use of, the log in facility available on our Services, Sites and Apps. We may use “cookies” to “remember” the machine or other device you use to access our Services, Sites or Apps (see “Cookies and Other Tracking Technologies” below). Please remember that if we contact you, we will never ask you for your password in an unsolicited email, message or phone call. If you choose to use the log in facility available on our Services, Sites or Apps, you are required to adhere to the security procedures we establish in the documentation we provide you as part of the Services.

Data Security and Data Retention

We maintain administrative, technical and physical safeguards designed to protect personal information against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use.

Any suspected attempt to breach our policies and procedures, or to engage in any type of unauthorized action involving our information systems, is regarded as potential criminal activity. Suspected attempts to access or use our systems in a way that is inconsistent with our legal terms or security controls may be reported to the appropriate authorities.

Please remember that communications over the internet such as emails are not secure. We seek to keep personal information secure; however, like all website operators, we cannot guarantee the security of any data transmitted through the internet.

We retain the personal information we collect for different periods of time depending on what it is and how we use it. In some contexts, we will provide additional information about retention as you use the Services. When we collect personal information, we will retain it only for as long as is necessary to complete the legitimate business or legal purposes for which we collected it. The criteria used to determine our retention periods include:  

  • The length of time we have an ongoing relationship with any individual or entity that requires us to continue processing personal information; for example, for as long as you have an account with us or continue to use our Services, and the length of time thereafter during which we may have a legitimate need to reference personal information to address issues that may arise; 

  • Whether there is a contractual obligation to which we are subject, for example, our contracts with our customers may specify a certain period of time during which we are required to maintain the information on behalf of our customers;

  • Whether there is a legal obligation to which we are subject, for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them; and 

  • Whether retention is advisable in light of our legal position, such as in regard to applicable statutes of limitations, litigation or regulatory investigations.

Cookies and Other Tracking Technologies

A "cookie" is a text file that is stored to your browser when you visit a website. Unique device identifiers like IP address or UDID recognize a visitor's computer or other device used to access the internet. Unique device identifiers are used alone and in conjunction with cookies and other tracking technologies for the purpose of "remembering" computers or other devices used to access the Sites and Apps. 

Cookies or similar tracking technologies are used to help us remember information about your visits to the site, like your country, language and other settings. Tracking technologies allow us to understand who has seen which websites, advertisements, or emails we have sent to determine how frequently particular pages are visited, as well as the relevance and effectiveness of our messages. They can also help us to operate our Sites more efficiently and make your next visit easier. Cookies and other tracking technologies can allow us to do various other things, as explained further below.

Cookies can be classified by duration and by source:

Duration. The Sites use both “session” and “persistent” cookies. Session cookies are temporary - they terminate when you close your browser or otherwise end your “active” browsing session. Persistent cookies remember you on subsequent visits. Persistent cookies are not deleted when you close your browser, and they will remain on your computer or other device unless you choose to delete them (see below for “How to Delete or Block Cookies”).

Source. Cookies can be “first-party” or “third-party” cookies, which means that they are either issued by or on behalf of ProPay or by a third-party operator of another website. For an example of a third-party cookie, our Sites may contain features like videos hosted by other companies, which would set a cookie that can be read by the host. Our Sites may use both first-party and third-party cookies.

The cookies that we may use on the Sites fall into the following categories:

Strictly Necessary Cookies. These cookies are necessary for the website to function and cannot be switched off. They are usually only set in response to actions taken by you such as logging in or filling in forms. You can set your browser to block or alert you about these cookies, but blocking them may impede the functionality of the Sites. 

Performance Cookies. These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance.

Functionality Cookies. These cookies enable the Sites to provide enhanced functionality and personalization. They may be set by us or by third-party providers whose services we have added to our pages. If you do not allow these cookies, then some of these services may not function properly.

Targeting Cookies. These cookies may be set through our Sites by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant advertisements on other sites. They are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising. 

How to Delete or Block Cookies and Other Tracking Technologies:  We do not currently respond to browser Do-Not-Track signals.  If you do not want information collected through the use of cookies, you can use the Cookie Settings banner or icon on the Site to make selections about the use of cookies.  Additionally, most browsers allow you to automatically decline cookies or be given the choice of declining or accepting a particular cookie (or cookies) from a particular website.  You may also refer to http://www.allaboutcookies.org/manage-cookies/index.html. If, however, you do not accept cookies, you may experience some inconvenience in your use of our services.  You also may not receive advertising from us that are relevant to your interests and needs.

External Links

ProPay may provide links on our Sites and Apps to other websites or services that are not under our control. We do not endorse or make any warranty of any type regarding the content contained on such third-party websites or services or products and services they offer. We make no representation regarding your use of such websites or services. Please be aware that we are not responsible for the privacy practices of the operators of other websites or services. We encourage our users to be aware when they leave our Sites and Apps. You should read any other applicable privacy and cookie notices carefully before accessing and using such other websites.

Managing Your Preferences

Subject to your consent if required by applicable law, we may use personal information to provide you with direct marketing information about our products and services as well as those of our global affiliates and third parties. Our direct marketing may occur through email, telephone, post or SMS or such other method(s) as may become relevant. 

We will take steps to ensure that any direct marketing from us which is sent by electronic means will provide a simple means for you to stop further communications, in accordance with applicable law. For example, in emails, we may provide you with an “unsubscribe” link, or an email address to which you can send an opt-out request. In addition, if we need your consent for direct marketing communications under applicable law, and if you provide your consent, you will be able to change your mind at any time. Please note, however, that if you opt out of receiving marketing-related communications from us, we may still send you administrative, transactional, or information messages, from which you cannot opt out.

Your Legal Rights

If you use Propay for the purpose of engaging with one of our Customers and have questions about legal rights you may have with respect to personal information collected by our Customer, please consult the Customer with which you have engaged.

If you interact with our Sites and Apps for the purpose of engaging in a direct relationship with us, subject to certain exemptions, and in some cases dependent upon the processing activity we are undertaking, you may have the right to:

  • Know whether we process personal information about you;

  • Know how the personal information is used;

  • Access, request and receive the personal information we have collected in a portable manner;

  • Opt out of having personal information sold, “shared,” or used for certain profiling activities or targeted advertising purposes;

  • Request that we correct inaccuracies in personal information about you; and

  • Request that we delete personal information about you. 

You may contact us using the information in the “Contact Us” section of this Notice for additional information about how to exercise your rights. In addition, if you are a resident of California, please see the “Information for Residents of California” section below for further details on how to exercise your privacy rights.

If your ProPay Merchant Account has a Vermont billing address, we will treat your account as if you had opted out of the sharing of your personal information as set forth in this Notice. We may continue to share your personal information with credit reporting agencies to the extent permitted by applicable law.

Information for Residents of California

This section supplements the above Notice and further describes how we collect, use, and disclose the personal information we collect about residents of California.

Categories of Personal Information We Collect and Our Purposes for Collection, Use, and Disclosure

The following chart details which categories of personal information we collect and process, as well as which categories of personal information we disclose to third parties for our operational business purposes, including within the preceding 12 months:

Categories of Personal Information

Disclosed to Which Categories of Third Parties for Operational or Business Purposes

Processing Purposes

Basic Identifying Information; Device Information and Other Unique Identifiers; Internet or Other Network Activity; Commercial Information; Professional and Employment-Related Information; Information You Provide; Inferences

Please see the “How We Disclose the Personal Information We Collect” section for a list of the categories of third parties to whom we may disclose these categories of personal information.  

Please see the “How We Use the Personal Information We Collect” section for a list and description of the applicable processing purposes for these categories of personal information.

Government-Issued Identifiers

Affiliates; distributors of our products and services; service providers; third parties with whom you have a relationship (i.e. our customers and/or referral partners); regulators; legal authorities and other third parties in order to comply with laws, regulations, and standards including card brands and issuing banks; other parties in litigation

  • Provide our services and customer support

  • Operations and general business purposes

  • Improve and develop new products and services

  • Fraud prevention and security

  • Legal and compliance

Geolocation Data

Affiliates; distributors of our products and services; service providers; marketing partners; legal authorities and other third parties in order to comply with laws, regulations, and standards; other parties in litigation

  • Provide our services and customer support

  • Operations and general business purposes

  • Marketing, promotions, and personalization

  • Improve and develop new products and services

  • Fraud prevention and security

  • Legal and compliance

Payment Information

Affiliates; third parties with whom you have a relationship (i.e. our customers); regulators; legal authorities and other third parties in order to comply with laws, regulations, and standards including card brands and issuing banks

  • Provide our services and customer support

  • Operations and general business purposes

  • Fraud prevention and security

  • Legal and compliance

Audio and Visual Information

Affiliates; distributors of our products and services; service providers; regulators; legal authorities and other third parties in order to comply with laws, regulations, and standards; other parties in litigation 

  • Provide our services and customer support

  • Operations and general business purposes

  • Improve and develop new products and services

  • Fraud prevention and security

  • Legal and compliance

Do Not Sell or Share my Personal Information

[Unless otherwise disclosed in a specific notice, and subject to your consent where required by applicable law, we do not sell your personal information to third parties for monetary compensation.] We do not knowingly sell or “share” (for purposes of cross-context behavioral advertising) the personal information, including the sensitive personal information, of minors under 16 years of age.

The Sites and Apps use cookies, including some cookies that are created by other companies and placed on your browser when you visit our website. We use those cookies to improve your experience and to gather information about our customers and the performance of our website. However, the companies who provide those cookies to us also have access to the data collected through them, and they may use that data for targeted advertising purposes. Our use of those third-party cookies could therefore be considered a “share” of your personal information under California law or processing for targeted advertising under other privacy laws. If you are a resident of California or another jurisdiction with similar laws, that means you have the right to opt out. If you have not done so already, you can opt out of the placement of all non-necessary cookies by adjusting your Cookie Settings.

Collection, Processing and Disclosure of Sensitive Personal Information

Subject to your consent where required by applicable law, we collect, process, and disclose sensitive personal information for purposes of: providing goods or services as requested; ensuring safety, security, and integrity; countering wrongful or unlawful actions; short term transient use such as displaying first party, non-personalized advertising; performing services for our business, including maintaining and servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytic services, providing storage, or providing similar services on behalf of our business; activities relating to quality and safety control or product improvement; and other collection and processing that is not for the purpose of inferring characteristics about an individual. We do not use sensitive personal information beyond these purposes.

Rights and Requests

CA Resident Rights

What does this mean?

Right to know about personal information collected, used, disclosed, sold, and “shared”

You have the right to know whether we process personal information about you, and to access such personal information.  If you are a California resident, you may also request that we disclose to you:

  • The categories of personal information we have collected about you and the categories of sources from which we collected such personal information;

  • The business or commercial purpose for which we collected, “shared,” or sold the personal information about you;

  • The categories of personal information about you that we “shared” or sold and the categories of third parties with whom we “shared” or to whom we sold the personal information about you;

  • The categories of personal information about you that we disclosed for a business purpose, and the categories of third parties to whom we disclosed that information for a business purpose. 

Right to receive a copy of personal information

You have the right to request that we provide the specific pieces of personal information we have about you, including a copy of such personal information in a portable format.

Right to opt-out of the sale of personal information

You may request that we do not sell personal information about you to third parties.

Right to opt out of targeted advertising, including the “sharing” of personal information for cross-context behavioral advertising

You may request that we opt you out of targeted advertising, including that we stop “sharing” personal information about you for purposes of cross-context behavioral advertising.  See the “Do Not Sell or Share My Personal Information” section for more information on opting out of certain cookies on our Sites and Apps. 

Right to request deletion

In some circumstances, you have the right to have personal information about you erased or deleted.

Right to equal service and prices (“non-discrimination”)

Your choice to exercise your privacy rights will not be used as a basis to discriminate against you in services offered or pricing.

Right to limit the use and disclosure of sensitive personal information

In some circumstances, you may request that we limit the use and disclosure of your sensitive personal information. Please note, however, that we do not process sensitive personal information for any purpose that you have a right to limit.

 

Right to appeal

If we refuse to take action on your request, you may appeal this refusal within a reasonable period after you have received notice of the refusal. To appeal, you can contact us at privacy@globalpay.com or complete this form and select “Appeal a decision about a previous request” under “Type of Request.”  

You can submit a request for any of the above rights by using the contact information in the “Contact Us” section of this Notice.

California Shine the Light

If you are a resident of California, you may request information concerning the categories of personal information (if any) we share with third parties or affiliates for their direct marketing purposes. If you would like more information, please submit a written request to us using the information provided in the above “Contact Us” section of this Notice.

Children

Our Sites are not directed to children or intended for use by children. We do not solicit or knowingly accept any personal information from persons under the age of 18. Please do not use this website if you are under the age of 18.

Changes and Updates

We reserve the right, in our sole discretion, to modify, update, or otherwise change this Notice. The “Last Updated” legend at the top of this Notice indicates when this Notice was last revised.  Any changes will become effective when we post the revised Notice on our Services, Sites and Apps.

Contact Us

If you are an End User who has a relationship with one of our Customers, and you have a question about how your personal information is collected, used, or shared, or would like to exercise any rights you may have with respect to your personal information, please contact the Customer directly.

If you have questions about this Notice, or if you want to exercise your rights as described in this Notice, you may submit a request by completing this form or contact us as follows:

ProPay Inc.
2675 West 600 North
Lindon, UT 84042
privacy@globalpay.com
866-573-0951

In order to honor any access or deletion request, we will require you to provide enough information for us to verify your identity. For example, we may ask you for information associated with your account, including your contact information or other identifying information. If you designate an authorized agent to make a rights request on your behalf, we may require proper proof of that authorization as well as direct verification of your identity from you.