Professional Documents
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THIS USER AGREEMENT ("AGREEMENT") IS AN AGREEMENT BETWEEN YOU ("YOU," "YOUR") AND VERIFONE COMMERCE SOLUTIONS, INC. ("VERIFONE," "WE," "OUR" OR "US"). ALL REFERENCES HEREIN TO "YOU" AND "MERCHANT" MEAN BOTH YOU IN YOUR PERSONAL CAPACITY AND YOUR COMPANY OR OTHER LEGAL ENTITY ON WHOSE BEHALF YOU ARE EXECUTING THIS AGREEMENT. THIS AGREEMENT (ALONG WITH THE PRIVACY POLICY, SECURITY STATEMENT, TERMS OF USE FOR USING THE SOFTWARE DESCRIBED BELOW AND E-SIGN CONSENT POLICY AS SET FORTH ON OUR WEBSITE) SETS FORTH THE TERMS AND CONDITIONS GOVERNING YOUR USE OF THE SAIL MOBILE PAYMENT SERVICE (THE "SERVICE"). THIS AGREEMENT INCLUDES PROVISIONS THAT LIMIT LIABILITY AND GOVERN ANY POTENTIAL LEGAL DISPUTES, INCLUDING CHARGEBACK PROCESSING OF TRANSACTIONS PERFORMED USING THE SERVICE. IN ORDER TO USE THE SERVICE, YOU MUST ACCEPT ALL OF THE TERMS OF THIS AGREEMENT. BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS. YOU ARE ALSO AGREEING THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS OF OUR PRIVACY POLICY, SECURITY STATEMENT, TERMS OF USE FOR USING THE SOFTWARE DESCRIBED BELOW, AND OUR E-SIGN POLICY.
this Agreement. In order to sign up a business to use the Service, you must agree to this Agreement on behalf of yourself as well as the business. If you have so agreed, "you" means you, an individual, as well as the business. We have the right to refuse to register any account. By registering a Sail Account, you confirm that you are either a legal resident of the United States, a United States citizen or a business entity authorized to conduct business by the state in which it operates.
V. SOFTWARE.
The Sail software (the "Software") enables you to access and use the Service. When you install the Software, you will be asked to register your mobile device and associate it with your Sail Account, using credentials that we supplied to you during the registration process. You must install the Software (and any updates as we announce them) before you can access any funds that you accept using the Service. In order to use the Software, you must download the Sail Mobile application for the iPhone from the App StoreSM, Apple's online store or for the Android smartphone from the T-Mobile or AT&T online stores (the .Software Application.). The terms and conditions governing your use of the Software are set forth in Section IX below. You agree that so long as you use the Service, the Software terms of use shall apply to you.
prohibited, constitutes a violation of the terms of this Agreement, and is grounds for termination of your Sail Account. We do not warrant that the Service will be compatible with your proposed mobile device. Your use of the Service may be subject to the terms of your agreements with your mobile device manufacturer and your carrier.
telemarketers, (8) infomercial sales, (9) internet/mail order/telephone order pharmacies or pharmacy referral services (where fulfillment of medication is performed with an Internet or telephone consultation, absent a physical visit with a physician including reimportation of pharmaceuticals from foreign countries), (10) prepaid phone cards or phone services, (11) rebate based businesses, (12) up-sell merchants, (13) bill payment services, (14) betting, including lottery tickets, casino gaming chips, off-track betting, and wagers at races, (15) financial institutions offering manual or automated cash disbursements, (16) financial institutions offering merchandise and services, (17) sales of money-orders or foreign currency by non-financial institutions, (18) wire transfer money orders, (19) high-risk merchants, including telemarketing merchants, (20) service station merchants, (21) automated fuel dispensers, (22) adult entertainment oriented products or services (in any medium, e.g., internet, telephone or printed material), (23) Internet/mail order/telephone order firearm or weapon sales, (24) Internet/mail order/telephone order cigarette or tobacco sales, (25) drug paraphernalia, (26) occult materials, (27) hate products, (28) escort services, (29) bankruptcy attorneys, (30) airlines, (31) timeshare programs, (32) travel including travel packages, travel coupon and travel certificates, (33) mortgage payment reduction service, (34) warranty programs and warranty sales, (35) cruise ships, and/or (36) Any future fulfillment beyond 3 months. The payment card networks require that VeriFone and you comply with all applicable bylaws, rules, and regulations ("Network Rules"). The payment card networks have historically reserved the right to amend the Network Rules. As a result, we may be required to amend this Agreement should there be amendments to the Network Rules. Significant portions of the Network Rules are available to the public at usa.visa.com and www.mastercard.com. Network Rules currently prohibit you from (a) assessing a surcharge for the use of a payment card in connection with any transaction, or (b) dispensing cash on any card transaction. The Network Rules also restrict your use of payment card network logos to indicating your acceptance of the network cards, and as may expressly be authorized by the Networks. We may determine not to authorize or settle any transaction that you submit to us if we believe that the transaction is in violation of any VeriFone agreement, applicable law or the Network Rules, or exposes you, other VeriFone users, our processors or VeriFone to harm, including the potential for fraud and other criminal acts. If we reasonably suspect that your Sail Account has been used for an unauthorized, illegal, or criminal purpose, you hereby acknowledge and agree that we may provide information about you, your Sail Account, and any of your transactions with law enforcement.
VeriFone; (iii) permit any third party to use and benefit from the Service via a rental, lease, timesharing, service bureau or other arrangement; (iv) transfer any rights granted to you under this Agreement; (v) work around any of the technical limitations of the Service, use any tool to enable features or functionalities that are otherwise disabled in the Service, or decompile, disassemble or otherwise reverse engineer the Service, except to the extent that such restriction is expressly prohibited by law; (vi) perform or attempt to perform any actions that would interfere with the proper working of the Service, prevent access to or use of the Service by our other users, or impose an unreasonable or disproportionately large load on our infrastructure; or (vii) otherwise use the Service except as expressly allowed under this section. You shall be liable for the accuracy and legitimacy of all orders and information provided to VeriFone and you may not process orders on behalf of any other entity or individual.
X. OWNERSHIP.
The Service is licensed and not sold. We reserve all rights not expressly granted to you in this Agreement. The Service is protected by copyright, trade secret and other intellectual property laws. We own or have rights to the title, copyright and other worldwide Intellectual Property Rights (as defined below) in the Service and all copies of the Service. This Agreement does not grant you any rights whatsoever to any of VeriFone's trademarks or service marks. For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction. You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place VeriFone under any fiduciary, employment or other obligation, and we are free to use the Idea without any compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, we do not waive any rights to use similar or related ideas previously known to us or developed by our employees, or obtained from sources other than you.
you are solely responsible for (a) compiling and retaining permanent records of all transactions and other data associated with your Sail Account and your use of the Service, and (b) reconciling all transactional information that is associated with your Sail Account. If you believe that there is an error or unauthorized transaction activity is associated with your Sail Account, you agree to contact us immediately.
XV. RESERVE.
At any time and from time to time, we may temporarily suspend or delay payments to you and/or designate an amount of funds that we must maintain in your Sail Account or in a separate reserve account (a "Reserve") to secure the performance of your payment obligations under this Agreement. We may require a Reserve for any reason, including if you have a high rate of chargebacks (described in Section XXI), refunds, or other indications of performance problems related to your use of the Service. The Reserve will be in an amount as reasonably determined by us to cover anticipated chargebacks, returns, unshipped merchandise and/or unfulfilled services or credit risk based on your processing history or such amount designated by our processor. The Reserve may be raised, reduced or removed at any time by us, in our sole discretion, based on your payment history, a credit review, the amount of any arbitration award or court judgment against you in our favor, or otherwise as we or out processor may determine or require. If you do not have sufficient funds in your Reserve, we may fund the Reserve from any funding source associated with your Sail Account, including but not limited to any funds (a) deposited by you, (b) due to you under this Agreement, or (c) available in your bank account, or other payment instrument registered with us. You grant us a security interest in and lien on any and all funds held in any Reserve, and also authorize us to make any withdrawals or debits from the Reserve, without prior notice to you, to collect amounts that you owe us under this Agreement, including without limitation for any reversals of deposits or transfers made to your Sail Account. You will execute any additional documentation required for us to perfect our security interest in any funds in the Reserve. This security interest survives for the later of: as long as we hold funds in your Reserve, or the expiration of your obligations under this Agreement, or any other agreement that you may have with us or our affiliates or processors.
using the Service, you irrevocably assign to us all rights and legal interests to any interest and/or other earnings that may accrue or are attributable to our holding of your Balance in a Pooled Account or Reserve (described in the preceding section).
XVII. RECEIPTS.
When your customer is present at the time of the transaction and signs the VeriFone Signature Screen, you benefit from the Network Rules for card present transactions. You agree to request that your customer personally sign for all transactions greater than $25.00 when your customer is present. You must make a written receipt available to your customers for any transaction greater than fifteen dollars ($15.00). You may give your customers the option to receive or decline a written receipt. As a convenience, but not in lieu of a written receipt, you may also offer VeriFone electronic receipts for delivery through SMS (if available) or email to your customers. If you operate a 501(c)(3) organization you may offer VeriFone electronic receipts to your donors as a convenience, by completing the required fields in the "Tax and Reporting" section of our website. You acknowledge that not all payments made to your organization may be eligible for classification as "tax deductible to the extent allowed by law," and you assume full responsibility for the classification of your transactions, and shall indemnify us therefore.
XVIII. TAXES.
You are responsible for determining any and all taxes assessed, incurred, or required to be collected, paid, or withheld for any reason ("Taxes") in connection your use of the Services . You also are solely responsible for collecting, withholding, reporting, and remitting correct Taxes to the appropriate tax authority. We are not obligated to, nor will we determine whether Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority arising from any transaction. If in a given calendar year you receive (i) more than $20,000 in gross amount of payments and (ii) more than 200 payments, we will report annually to the Internal Revenue Service ("IRS"), as required by law, your name, address, Tax Identification Number (such as a Social Security Number (SSN), or Employer Identification Number (EIN)), the total dollar amount of the payments you receive in a calendar year, and the total dollar amount of the payments you receive for each month in a calendar year. If you do not provide us with your SSN or your EIN, in subsequent years, and depending on applicable law, we may be required to holdback funds otherwise due to you, and/or provide a report to the IRS regarding your failure to properly provide us with the required (or inaccurate) information.
us. As between you and us, we are solely responsible for customer service issues relating to any Sail Account, payment, card processing, debiting or crediting.
XXI. CHARGEBACKS.
The amount of a transaction may be reversed or charged back to your Sail Account (hereafter, a "Chargeback") if the transaction (a) is disputed, (b) is reversed for any reason by the Network, our processor, or a customer.s or our financial institution, (c) was not authorized or we have any reason to believe that the transaction was not authorized, or (d) is allegedly unlawful, suspicious, or in violation of the terms of this Agreement. For any transaction that results in a Chargeback, we may withhold the Chargeback amount in the Reserve. We may deduct the amount of any Chargeback and any associated Fees, fines, or penalties listed in the Fee Schedule or assessed by the payment card networks or our processor from your Sail Account (including, without limitation, any Reserve), any proceeds due to you, your bank account, or other payment instrument registered with us. If you have pending Chargebacks, we may delay payouts from your Sail Account. Further, if we reasonably believe that a Chargeback is likely with respect to any transaction, we may withhold the amount of the potential Chargeback from payments otherwise due to you under this Agreement until such time that: (a) a Chargeback is assessed due to a customer.s complaint, in which case we will retain the funds; (b) the period of time under applicable law or regulation by which the customer may dispute that the transaction has expired; or (c) we determine that a Chargeback on
the transaction will not occur. If we are unable to recover funds related to a Chargeback for which you are liable, you will pay us the full amount of the Chargeback immediately upon demand. You agree to pay all costs and expenses, including without limitation attorneys' fees and other legal expenses, incurred by or on behalf of us in connection with the collection of all Sail Account deficit balances unpaid by you. If we determine that you are incurring an excessive amount of Chargebacks, we may establish controls or conditions governing your Sail Account, including without limitation, by (a) establishing new processing fees, (b) creating a Reserve in an amount reasonably determined by us to cover anticipated Chargebacks and related fees, (c) delaying payouts, and (d) terminating or suspending the Service. You agree to assist us when requested, at your expense, to investigate any of your transactions processed through the Service. To that end, you permit us to share information about a Chargeback with the merchant, the merchant's financial institution, and your financial institution in order to investigate and/or mediate a Chargeback. We will request necessary information from you to contest the Chargeback. If the Chargeback is contested successfully, we will release the reserved funds to your Sail Account. If a Chargeback dispute is not resolved in your favor by the payment card network or issuing bank or you choose not to contest the Chargeback, we may recover the Chargeback amount and any associated fees as described in this Agreement. You acknowledge that your failure to timely assist us in investigating a transaction, including providing necessary documentation within fifteen (15) days of our request, may result in an irreversible Chargeback. We reserve the right, upon notice to you, to charge a fee for mediating and/or investigating Chargeback disputes.
We will attempt to rectify processing errors that we discover. If the error resulted in your receipt of less than the correct amount to which you were entitled, we will credit your Sail Account for the difference. If the error results in your receipt of more than the correct amount to which you were entitled, we will debit the extra funds from your Sail Account. We will only correct transactions that you process incorrectly if and when you notify us of such an error. Your failure to notify us of a processing error within thirty (30) days of when it first appears on your electronic transaction history will be deemed a waiver of any right to amounts owed to you.
XXVII. SECURITY.
We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will not be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal or financial information at your own risk.
determined to be entitled to some or all of the funds in dispute, we will release those funds to you.
XXXI. INDEMNITY.
You will indemnify, defend and hold us, our processors and the payment card networks harmless (and ours or their respective employees, officers, directors, agents, affiliates and representatives) from and against any and all claims, costs, losses, damages, judgments, Tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys. fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement, including without limitation any violation of our Policies or the Network Rules; (b) your wrongful or improper use of the Service; (c) any transaction submitted by you through the Service (including without limitation the accuracy of any product information that you provide or any claim or dispute arising out of products or services offered or sold by you); (d) your violation of any third- party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (e) your violation of any law, rule or regulation of the United States, any individual state or any other country; (f) any other party's access and/or use of the Service with your unique username, password or other appropriate security code.
XXXII. NO WARRANTIES.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OUR PROCESSOR(S) OR AFFILIATES OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, VERIFONE , ITS PROCESSORS, ITS PROVIDERS, ITS LICENSORS (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, REPRESENTATIVES, DIRECTORS, AND EMPLOYEES) DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE OR SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. VERIFONE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND VERIFONE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND ANY THIRD- PARTY PROVIDERS OF PRODUCTS OR SERVICES (INCLUDING ANY AGREEMENT THAT YOU MAY ENTER INTO WITH OUR PROCESSOR).
WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL VERIFONE , ITS PROCESSORS, AGENTS, SUPPLIERS, OR LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, OFFICERS, REPRESENTATIVES, DIRECTORS, AND EMPLOYEES) BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT OF FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE SERVICE DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF VERIFONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
XXXIV. MAINTENANCE.
We conduct routine maintenance on the Service, and we reserve the right to shut down the Service with no notice should emergency maintenance become necessary. The Service is controlled and operated from our facilities in the United States. We make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own risk and are entirely responsible for compliance with all applicable Federal, state and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
XXXV. INVALIDITY.
Except with respect to those policies, consents, statements, laws and Network Rules as expressly provided in this Agreement, these terms are a complete statement of the Agreement between you and us with respect to the Service, and describes the entire liability of us and our vendors and suppliers (including processors) and your exclusive remedy with respect to your access and use of the Service. If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
Agreement. Any use of the Service after our publication of any such changes shall constitute your acceptance of this Agreement as modified.
XL. ASSIGNMENT.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
XLIII. SURVIVAL.
In addition to any provision that is reasonably necessary to accomplish or enforce the purpose of this Agreement, the following sections of this Agreement survive and remain in effect in accordance with their terms upon the termination of this Agreement: II, VI-X, XII-XIII, XVI, and XVIII-XLIII.
sufficient storage space to save past Communications and/or an installed printer to print them. We will notify you if there are any changes to the hardware or software needed to receive electronic Communications from SAIL. By giving your consent to our policy, you are confirming that you have access to the necessary equipment and are able to receive, open, and print or download a copy of any Communications for your records. You may print or save a copy of any of these Communications for your records, as they may not be accessible online at a later date.
3. Withdrawal of consent
You may withdraw your consent to receive Communications electronically by contacting us at 855-SAILPAY (855-724-5729), emailing us at support@sailpay.com, or by writing to us at VeriFone, Inc. Attn: Privacy Officer 2099 Gateway Place, Suite 600 San Jose, CA 95110-1093 Fax: (408) 232-7841 If you fail to provide, or if you withdraw, your consent to receive Communications electronically, SAIL reserves the right to deny your application for an Account, restrict or deactivate your Account, or close your Account.
that electronic Communications sent to you by SAIL are returned, SAIL may deem your Account to be inactive, and you will not be able to transact any activity using your SAIL Account until we receive a valid, working email address from you.
Privacy Statement
When you visit the SAIL website, we collect your IP address and standard web log information, such as your browser type and the pages you accessed on our website. When you create an account, we collect the following types of information from you: Owner information - owner name, date of birth, address, phone, email, and other similar information. Business Information - business name, business address, industry, Federal Tax ID number (if applicable), and other similar information. When you use or access your SAIL account, we may collect additional information, including: Bank account and payment card numbers to enable settlement, other relevant information about the financial institutions you use to conduct business. The location and other details related to your account transactions, including information about your device. Before permitting you to use our service, we may require you to provide additional information we can use to verify your identity or address or manage risk, such as your complete social security number or other information. We may also obtain information about you from third parties such as credit bureaus and identity verification services. Finally, we may collect additional information from or about you in other ways not specifically described here. For example, we may collect information related to your contact with our customer support team or store results when you respond to a survey.
Cookies
When you access our website, we, or companies we hire to track how our website is used, may place small data files called "cookies" on your computer. We send a "session cookie" to your computer when you log in to your account. This type of cookie helps us to recognize you if you visit multiple pages on our site during the same session, so that we don't need to ask you for your password on each page. Once you log out or close your browser, this cookie expires and no longer has any effect.
Personal Information
Throughout this policy, we use the term "personal information" to describe information that can be associated with a specific person and can be used to identify that person. We do not consider personal information to include information that has been anonymized so that it does not identify a specific user. We store and process your personal information on our computers in the US, and we protect it by maintaining physical, electronic and procedural safeguards that both meet and exceed applicable US federal and state regulations. We use computer safeguards such as firewalls and data encryption, we enforce physical access controls to our
buildings and files, and we authorize access to personal information only for those employees who require it to fulfill their job responsibilities. We do not sell or rent your personal information with anyone for promotional or marketing purposes. Our primary purpose in collecting personal information is to provide you with a safe, smooth, efficient, and customized experience. We may use your personal information to: Provide the services and customer support you request; Process transactions and send notices about your transactions; Resolve disputes and troubleshoot problems; Prevent potentially prohibited or illegal activities; Customize, measure, and improve our services and the content and layout of our website; Compare information for accuracy and verify it with third parties.
Sharing Information
We may share your personal information with: Service providers under contract who help with parts of our business operations (fraud prevention, bill collection, marketing, technology services). Our contracts dictate that these service providers only use your information in connection with the services they perform for us and not for their own benefit. Financial institutions that allow us to process your transactions that we partner with to jointly create and offer products or services. Credit bureaus to report outstanding negative balance accounts, as allowed by law. Companies that we plan to merge with or be acquired by. (Should such a combination occur, we will require that the new combined entity follow this privacy policy with respect to your personal information. If your personal information could be used contrary to this policy, you will receive prior notice.) Law enforcement, government officials, or other third parties when: we are compelled to do so by a subpoena, court order or similar legal procedure we need to do so to comply with law we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of our User Agreement. Other third parties with your consent or direction to do so.
How to Contact Us
If you have questions about SAILs collection, use, or disclosure of your personal information, please contact us at: VeriFone Commerce Solutions, Inc. Attn: Legal Department 2099 Gateway Place, Suite 600 San Jose, CA 95110-1093 Fax: (408) 232-7841 Effective Date: March 7, 2012 Mobile User Agreement E-Sign Consent Policy Privacy Policy
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