PaySimple Privacy Policy for the AcceptPay Website

Last Modified: August 22, 2011

This Privacy Policy discloses PaySimple’s privacy practices for www.acceptpay.com (including all sub-domains, the “Site”), which is operated by PaySimple, Inc. (“PaySimple,” “our,” “we” or “us”). This Privacy Policy applies to our collection and use of information from all visitors to the Site, including, without limitation, visitors using only free services offered on the Site.

Collection of Personally Identifiable Information:

We collect personally identifiable information from you when you set up a paid account or a free demo account with AcceptPay. When you submit an online “contact us” form from the Site, create a free demo account, or when you call, write, email, fax or otherwise initiate contact with PaySimple regarding AcceptPay we record your contact information (name, address, phone number, and email address) in our CRM (Customer Relationship Management) system. You do not need to set up an account or provide contact information in order to view the Site, but you must be registered to use any version of the AcceptPay payment processing application.

PaySimple has a marketing agreement with American Express Company (“American Express”) for the AcceptPay application. Personally identifiable information (names, address, phone numbers, etc.) submitted by non-registered users of the Site may be shared with American Express. The use of such personally identifiable information by American Express is subject to the American Express Online Privacy Statement. Except as otherwise set forth in this Privacy Policy, your personally identifiable information is not sold, shared, or transmitted to any other persons or companies.

We may use contact information from registered or non-registered users to send promotional products and information about AcceptPay, PaySimple, the Site or American Express and/or on behalf of our partner companies.

We may provide personally identifiable information of registered users to third party service providers and referral partners that work on behalf of or with us to provide some of the aspects of our services and to help us communicate with you. However, these service providers and referral partners do not have any independent right to disclose this information (except to the same extent we would have a right to disclose that information under this Privacy Policy).

Although we currently do not have a parent company, subsidiaries, joint ventures, or other companies under common control with us (collectively, “Affiliates”), we may in the future. You hereby agree that we may share some or all of your personally identifiable information with these Affiliates. We will require our Affiliates to comply with this Privacy Policy.

If our company or our assets are acquired by another company, that company will possess the personally identifiable information collected by us.

Registered AcceptPay Free Demo Account Holders:

The Site requires you to give us contact information (name, address, phone number, and e-mail address) in order to obtain a free AcceptPay demo account. We use this information to configure your account for sending sample invoices to your customers. We may also use this information to communicate with you about your account usage, and to provide information to you about additional AcceptPay or PaySimple products and services that we believe may be of interest to you. We may share this personally identifiable information with American Express as part of our marketing agreement with them. The use of such personally identifiable information by American Express is subject to the American Express Online Privacy Statement.

As part of using your AcceptPay free demo account you may enter personally identifiable information for your own business customers. PaySimple protects this information and will not disclose it to any third parties except as otherwise set forth in this Privacy Policy.

Registered AcceptPay Paid Account Holders:

Information we collect:
To obtain an AcceptPay paid account (“AcceptPay Paid Account”) you must provide contact information (name, address, phone number, and e-mail address) in addition to other personally identifiable information, including, but not limited to, your social security number, driver’s license state and number, Employer Identification Number (Tax ID), and billing information. We use your personally identifiable information to verify your identity, perform a credit check, and send you messages about your transactions or our company. We use your billing and financial information (credit card and bank account numbers) to facilitate payments through the AcceptPay system and collect fees if applicable.

How we Share Personally Identifiable Information with Third Parties:
Personally identifiable information you provide as a registered user of an AcceptPay Paid Account may be shared with American Express as part of our marketing agreement with American Express. The use of such personally identifiable information by American Express is subject to the American Express Online Privacy Statement.

Personally identifiable information submitted by you as part of the application process for an AcceptPay Paid Account and for third party merchant accounts is shared with the merchant account provider for the purpose of underwriting and subsequent transaction processing, billing, and account maintenance.

Personally identifiable information you enter in the course of utilizing AcceptPay is shared with third party merchant account providers, and other third parties that participate in the processing of transactions, solely for the purpose of authorization and settlement of those transactions.

Personally identifiable information we collect is shared with service providers under contract who help with parts of our business operations such as identity verification, credit checks, fraud prevention, bill collection, marketing, and 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.

Use of Demographic and Profile Data:

In our efforts to continually improve our product and service offerings, we collect and analyze demographic and profile data about our users' activity on our web sites. This includes activity from merchants utilizing the AcceptPay Paid Accounts and the AcceptPay free accounts as well as our merchants’ customers who make payments online. We identify and use your IP address to help diagnose problems with our servers, and to administer the Site. Your IP address, along with cookies, is used to help identify you and gather basic information. We will occasionally ask you to complete optional online surveys. These surveys may ask you for contact information and demographic information (like ZIP code, age or income level). We use this data to tailor your experience on the Site, providing you with content that we think you might be interested in -- and to display content according to your preferences. We sometimes use contact data from our surveys to send you information about our company and/or promotional material on behalf of American Express or our other partners. We never use information about your customers to contact them directly, nor do we share this data with any third parties.

We may create anonymous records from personally identifiable information by excluding information (such as your name) that makes the information personally identifiable to you or one of your customers. We may use this anonymous information to analyze usage patterns so that we may enhance our services, and we reserve the right to use, and disclose anonymous information to American Express and other third parties, at our discretion.

Security:

The Site has security measures in place to protect against the loss, misuse and alteration of the information under our control, as described in our security page.

Other Disclosure of Information

We may disclose your personally identifiable information to 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 or credit card rules;
• We believe in good faith that the disclosure of personally identifiable information is necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of our Acceptable Use Policy;
• In connection with actual or potential lawsuits or suspected fraudulent activity, (a) if we are required to do so, (b) if such disclosures may potentially mitigate our liability, or (c) to enforce our rights; or
• You request or provide specific permission to share such information

Choice/Opt-Out:

You may opt-out of receiving marketing communications from us and our partners by following the opt-out instructions we include in such communications.

You may request your personal information be removed from all PaySimple/AcceptPay systems. This request must be made in writing to the address provided below. Note that if you request removal of your personal information you will no longer have access to any existing AcceptPay account information and will not be able to use any AcceptPay product or service.

Change/Modify/Review:

The Site gives users the following options for changing and modifying information previously provided. Send an email to PaySimple at acceptpaysupport@paysimple.com to initiate changes or modifications or to obtain a file for review. Note that PaySimple will require you to verify your identity prior to releasing any personal information.

Contacting Us

If you have any questions about this Privacy Policy, the practices of the Site, or your dealings with PaySimple, please contact us at:

PaySimple, Inc.
1433 17th St, Suite 300
Denver, CO 80202
P: 800-466-0995
E: acceptpaysupport@paysimple.com