Privacy policy

Last Changes to Privacy Policy: July, 2024

At Elavon, trust is the foundation of our relationship with customers. We understand your desire for privacy, and we recognize that you trust us with your personal and financial information. Our Online Privacy Policy is designed to describe our privacy practices and principles in a format that is easy to navigate, read and understand. We are dedicated to treating your personal information with care and respect.

Online Privacy Policy

Elavon, Inc. (“Elavon”, “we”, “us, or “our”) has established this privacy policy (“Privacy Policy”) to let you know the kinds of information we may gather on Elavon websites and any applications where this Privacy Policy is posted (“Site” or “Sites”), how and why we gather the information, what we use the information for, and when we might disclose the information.

Please be advised that the practices described in this Privacy Policy apply only to information gathered by the Sites and any personal information we may also receive about you from other online and offline sources, such as public databases, in connection with an application you submit for services. However, if you or the entity you are authorized to represent (collectively, “you” or “your”) have previously entered into a services agreement with Elavon that governs the provision of transaction processing services (“Services Agreement”), the Services Agreement not this Privacy Policy governs each party’s rights and obligations with respect to Cardholder Data, Transaction-related information (as those terms are defined in the Services Agreement) and other information gathered or submitted in connection with the transaction processing services provided under the Services Agreement are set forth in the Services Agreement. If the same information is both gathered by the Site and gathered or submitted in connection with the transaction processing services provided under the Services Agreement, the terms of the Services Agreement will govern each party’s rights and obligations with respect to such information. To the extent permitted by law, in the event this Privacy Policy conflicts with the terms of any Services Agreement or other agreement with us, the terms of such Services Agreement or other agreement shall control.

This site is operated from the United States. Your use of this site constitutes your agreement to have your information processed in the United States in accordance with this policy and U.S. law.

By using the Site, you are accepting the practices described in this Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not use the Site.

We reserve the right to modify or amend the terms of our Privacy Policy from time to time to accommodate new technologies, industry practices, regulatory requirements, or for other purposes. We will post any Privacy Policy changes on this page, and if the changes are material, we will provide a more prominent notice. Your continued use of the Sites following the posting of changes to these terms will mean you accept those changes. If we intend to apply the modifications or amendments to this Privacy Policy retroactively or to personal information already in our possession, we will provide you with notice of the modifications or amendments and if required by law, obtain your consent.

What Information About me is Collected

The information we collect about you falls into general categories – information you provide to us and information that is automatically collected about you when you use one of our Sites and information we gather from other third parties. This information may be Personal Information or Anonymous information as described in this Privacy Policy.

Personal Information refers to information that identifies (whether directly or indirectly) a particular individual or business entity. Examples may include your name, postal address, email address, telephone number, Social Security number, Federal Tax Identification number, birthdate, banking information or other information.

Anonymous Information means information that does not directly or indirectly identify, and cannot reasonably be used to identify, a particular individual or business. You could provide Anonymous Information or it could be collected automatically through online tracking technologies. Examples may include information about your internet browser, device information about your device you use to access the Site (this information may include geolocation information and unique device information), demographic data such as city and state, usage information about your use of the Site, additional traffic data such as time and date of access, software crash reports, session identification numbers and access time, and other information regarding your use of the Site.

If Anonymous Information is combined with other information to identify you, we will treat it as Personal Information.

How we Collect Information

We collect information from you or about you when you provide this information to us directly. For example, we may obtain information when you request products or services from us, register on the website or submit an application for services or products, respond to surveys, contact customer support or otherwise interact with us via a Site.

In addition, when you interact with our Sites, we collect information through technology, such as cookies and Web beacons. See Online Tracking section below.

Information collected through this technology helps us serve you better each time you visit the Site. Cookies are pieces of information that are stored directly on the device you are using. They allow us to collect information such as the type of browser you are using, the amount of time you spend using the services, the Sites you visit and the preferences you have set up for your accounts.

We may also receive information about you from other online and offline sources, such as public databases, social media platforms and other third parties. We may also collect and store information about you that we receive from our offline interactions with you to, among other things, enable us to update and correct the information contained in our database and to better customize your experience on the Sites.

Online Tracking

We and certain trusted service providers operating on our behalf collect information about your activity on the Sites using tracking technologies. Information collected through these technologies helps us serve you better each time you visit the Sites. These technologies include:

• Cookies:



Cookies are pieces of information that are stored directly on the device that you are using. They allow us to collect information such as the type of browser you are using, the amount of time you spend using the Services, the websites or applications you visit and the preferences you have set up for your accounts. We use this information for such purposes as to personalize your experience, enhance security, facilitate navigation, display material more efficiently, recognize the device that you are using to access the Sites and understand how the Sites are used. The Sites do not use cookies that capture unencrypted personal information about you.

You can choose to have your device refuse to accept any cookies, and the majority of devices and browsers offer additional privacy settings for cookies. You do this through your browser settings. Each device and each browser is a little different, so look at your device Settings or your browser Help menu to learn the correct way to modify your cookies. If you turn cookies off, you will not have access to many features that make your user experience more efficient and some of the Sites will not function properly. Please note that you will need to manage your cookie settings for each device and browser that you use.

• Pixel tags, web beacons, clear GIFs and other similar technologies. These are typically small pieces of data that are embedded in images on the Website, our Applications or certain e-mail communications. They may involve the transmission of information directly to us, to another party on our behalf or to another party in accordance with its privacy policy. We may use these technologies to bring together information we collect about you.
• Location tracking on mobile devices. Certain applications on mobile devices may transmit information to us about your location when you request information from them. We may use that information to improve the products and services we provide to you as well as improving our services generally in your area.

We use service providers such as Google Analytics and Mixpanel, which use cookies and other similar technologies, to collect information about use of the Sites anonymously and report website trends, without identifying individual visitors.

Do Not Track. There is no industry standard for how Do Not Track consumer browser settings should work on commercial websites. Due to the lack of such standards our websites do not respond to Do Not Track consumer browser settings.

How do we Use Your Information

We use the information we collect to help us personalize and continually improve your experience on the Site. We may also use that information in the following ways:

• Evaluate your application for Services
• Support Elavon’s legal compliance obligations
• Provide you with access to the Sites
• Communicate with you about your account with us and send you information about features and enhancements on or to our Sites
• Communicate with you about changes to our policies
• Send you newsletters, offers and promotions for our services, third party products and services, or special events by e-mail, text, or another medium, at all times in compliance with your local privacy and anti‑spam laws
• Administer promotions and surveys
• Optimize or improve our products, services and operations
• Detect, investigate, and prevent activities that may violate our policies or be illegal
• Perform statistical, demographic, and marketing analyses of users of the Site

Who do we Share Your Information With

Except as disclosed in this Privacy Policy, we do not disclose Personal Information collected through the Site to any companies not part of Elavon or its parent, subsidiaries or related entities. Although, as disclosed below, we may provide some personal information to certain business partners, co-marketers and other third parties, in no event will we sell or rent your Personal Information as part of a customer list or similar transaction for unrelated parties to independently market to you.

Service Providers. We may share Personal and Anonymous Information with agents, subsidiaries, affiliates, partners and other third parties that perform functions on our behalf, such as hosting, billing, content management tools, analytics, customer service, fraud protection, etc. These entities have access to the Personal Information needed to perform their functions and are obligated to maintain the confidentiality and security of that Personal Information. The Service Providers are restricted from using, selling, distributing or altering this data in any way other than to provide the requested services.

Business Partners. We provide products and services to customers through a number of affiliated banks and companies as well as nonaffiliated companies. To the extent permitted under applicable laws, we may share your Personal Information with our business partners or other third parties that enable us to serve your processing needs. We may contact our existing customers by mail, telephone, or email to offer additional products or services that we believe may be of interest to you. Although our treatment of your Personal Information is governed by this Privacy Policy, the business partner or third party’s treatment of your Personal Information will be governed by the business partner or third party’s privacy policy.

Emergency Situations. We may also use or disclose Personal Information if required to do so by law or in the good-faith belief that such action is necessary to (a) conform to applicable law or comply with legal process served on us or the Site; (b) protect and defend our rights or property, the Site or our users, or (c) act under emergency circumstances to protect the personal safety of us, our affiliates, agents, or the users of the Site or the public.

Sharing Anonymous Information. To the extent permitted under applicable laws, we may disclose or share Anonymous Information (or other information, other than Personal Information) in any other manner that we deem appropriate or necessary. Among other things, we may disclose Anonymous Information to third parties to help us determine how people use parts of the Site and who our users are so we can improve the Site.

What Steps do we Take to Keep Personal Information Secure

The security of your Personal Information is important to us. Personal Information collected by the Site is stored in operating environments that are not available to the public. Our security procedures mean that we may occasionally request proof of identity before we disclose your Personal Information to you. In certain telephone and in person transactions we may ask for your full Social Security number, account number or other information to verify your identity before conducting the transactions you have requested. Note that Elavon will never initiate a request via email for your sensitive information (e.g., Social Security number, personal ID, password, PIN or account number). If you receive an email asking for your sensitive information, you should be suspicious of the request and promptly contact us to report the suspicious activity. Please understand, however, that while we try our best to safeguard your Personal Information once we receive it, no transmission of data over the Internet or any other public network can be guaranteed to be 100% secure. We review our security procedures to consider appropriate technology and methods to secure information.

What are Your Obligations in Using the Site

When using the Site, you promise to: (a) provide true, accurate, current and complete information about yourself and your business, and (b) maintain and promptly update the registration information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Elavon has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Elavon has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. If you suspect that your account or password have been compromised, you must inform Elavon promptly. We may need to suspend access until we are able to issue new credentials to access your account. Any transactions in your account will be considered authorized by you unless you have informed us of your compromised account or password.

What Happens When you Link to or From Another Website

The Site may contain links to other websites operated by Elavon, affiliates of Elavon or third parties. Please be advised that the practices described in this Privacy Policy for Elavon do not apply to information gathered through third party websites, websites operated by affiliates of Elavon or websites operated by Elavon where this Privacy Policy is not posted. Elavon does not guarantee and is not responsible for the actions and privacy policies of third parties or its affiliates or their websites and we therefore encourage you to familiarize yourself with the privacy policies provided by those parties.

Governing Law

The Site is intended for use in the United States of America. We attempt to protect the Personal Information of all users of the Site and we attempt to comply with local data protection and consumer rights laws to the extent they may apply to the Elavon services, but the Site is targeted to United States of America citizens and our policies are directed at compliance with those laws. If you are uncertain whether this Privacy Policy conflicts with the applicable local privacy laws where you are located, you should not submit your Personal Information to Elavon.

Notice to Non US Users

If you are located outside the United States of America, you should be aware that your personal information will be transferred to the United States of America, the laws of which may differ from the laws of your country. If you are located in a country outside the United States of America and voluntarily submit Personal Information to us, you thereby consent to the general use of such information as provided in this Privacy Policy and to the transfer of that information to, and/or storage or processing of that information in, the United States of America and you understand that your information may be available to government authorities under lawful orders and laws applicable there. We may store and process your personal information in any country where we have facilities or in which we engage service providers, and, by using the Services, you consent to the transfer of information to countries outside of your country of residence, including the United States, which may have different data protection rules than those of your country.

Retention Period

We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law.

Assignment

We may change our ownership or corporate organization while providing the Site and services or sell certain assets associated with the Site. In such events, we will comply with applicable laws that govern the transfer of personal information in business transactions and provide with appropriate notification and choice, as required by law. As a result, please be aware that in such event and to the extent permitted by law we may transfer some or all of your information to a company acquiring all or part of our assets or to another company with which we have merged. Under such circumstances we would, to the extent possible, require the acquiring party to follow the practices described in this Privacy Policy, as it may be amended from time to time. Nevertheless, to the extent permitted by law, we may not be able to promise that an acquiring company or the merged company will have the same privacy practices or treat your information the same as described in this Privacy Policy.

Contact Us

If you have any questions or comments about this Policy or our privacy practices generally, we encourage you to contact us by regular mail or email:

Elavon
Attn: Compliance/Privacy Policy
Two Concourse Pkwy
Suite 800
Atlanta, Georgia 30328
privacypolicyinfo@elavon.com

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California Privacy Center

Elavon is dedicated to doing the right thing. The information on this page provides details on how we respond to and implement processes to uphold applicable state laws. The laws on this page give individuals certain rights regarding the personal information that Elavon or our affiliates have collected from or about them.

The information on this page complements the notices and disclosures regarding your rights under federal laws and regulations (e.g., the Gramm-Leach-Bliley Act). For more information, please visit elavon.com/privacy-policy.

Elavon California Privacy Notice for California Residents

Last Updated: July 2024

This Privacy Notice for California Residents (this “Notice”) applies solely to residents of the State of California (“consumers” or “you”) and supplements the information contained in any other Privacy Statement or Notice provided by Elavon and its affiliates (collectively, “Elavon” “our” or “we”). Please note that some of our affiliates may provide a separate privacy notice, in which case that notice will apply to your personal information. We adopt this Notice to comply with the California Consumer Privacy Act of 2018 and, as amended, the California Privacy Rights Act of 2020 (together, “CPRA”). This Notice describes how Elavon collects, uses, and discloses information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household (“personal information”). This Notice applies to personal information we collect online and offline, such as when you apply for our products or services, use our websites or applications, respond to surveys, contact customer support, when you visit our offices or attend a Elavon event, or otherwise interact with us (collectively, “Services”). The information on this page complements the notices and disclosures regarding your rights under federal laws and regulations (e.g., the Gramm-Leach-Bliley Act). For more information, please visit elavon.com/privacy-policy.

The rights contained in this Notice may not apply in certain situations depending on your relationship with Elavon and Elavon’s other legal obligations, and as otherwise provided for in the CPRA, and the GLBA exemption contained therein. We may, from time to time, make changes to this Notice. If we do make changes to the Notice, we will let you know by posting the revised Notice with a new “Last Updated” date posted at the top of the Notice. Any changes to this Notice will become effective when posted unless indicated otherwise. We encourage you to review this Notice regularly to stay informed about our information practices and the choices available to you.

Contents

Categories of Personal Information We Collect
Where We Collect Your Personal Information
Use of Personal Information
Disclosure of Personal Information for a Business Purpose
Retention Period
Sharing or Selling Your Personal Information
Use of Sensitive Personal Information
Summary of Prior 12-Month Personal Information Handling Practices
Your Rights and Choices
Accessibility
Contact Information

Categories of Personal Information we Collect

We may collect the following categories of personal information when you engage our Services:

• Identifiers — A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, signature or other similar identifiers
• Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) — A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number and ATM card number, or any other financial information, medical information, or health insurance information.
• Sensitive personal information — Social Security number, driver's license, state identification card, or passport number; your account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account; racial or ethnic origin, religious beliefs, or union membership; the contents of your mail, email, and text messages unless Elavon was the intended recipient of the communication; health data; precise geolocation data; biometric information; and sex life or sexual orientation data
• Protected classification characteristics under California or federal law — Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information)
• Commercial information — Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies
• Biometric information — Fingerprints, faceprints, voiceprints and behavioral patterns
• Internet or other electronic network activity information — Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement
• Geolocation data — Physical location or movements
• Audio and visual Information — Audio, electronic, or similar information we capture through your communications with us, e.g., voice recordings of telephone conversations, emails and instant messaging, and security images if you visit our offices
• Employment information — Current or past job history
• Inferences drawn from other personal information — Inferences drawn from any of the information identified above to create a profile about you reflecting preferences, characteristics, attitudes and or similar trends

Where we Collect Your Personal Information

We will collect the personal information described above from one or more of the following sources:

• Directly from you or your company when you provide this information to us, when you request information, apply for products or services from us, use our websites or applications, respond to surveys, contact customer support, when you visit our ATMs, branches or offices or attend a Elavon event, or otherwise interact with us
• From our affiliates, co-owners, partners and other related parties
• From other online and offline sources, such as public databases, social media platforms, and other third parties
• Vendors who provide services on our behalf

Use of Personal Information

We may use or disclose personal information that we collect for one or more of the following business purposes to, among other things:

• Provide you with, or evaluate your eligibility for, products and services that you or your company request from us.
• Communicate with you about your accounts or transactions with us.
• Send you important information regarding our products and services, changes to this Notice and/or other similar administrative information.
• Enter into transactions and conduct business dealings with our business partners, service providers and contractors.
• Allow you to participate in surveys, sweepstakes, contests and similar promotions, and to administer such promotions (note that these promotions may contain additional disclosures regarding our collection and/or use of your information).
• Consistent with local law, required disclosures, and choices and controls that may be available to you:
  • Send you offers and promotions for our products and services, or products and services that may be of interest to you;
  • Personalize content and experiences on our Services;
  • Verify your identity and/or location (or the identity or location of your authorized representative) for security, fraud prevention and other risk control purposes; and
  • Provide you with advertising based on your activity on our Services and on third-party websites and applications. For additional information regarding our use of your information for personalization and tracking, please refer to the Online Tracking section of this policy.
• Optimize or improve our products and services.
• Help to ensure security and integrity. Detect, investigate, and prevent activities that may violate our policies or be illegal.
• Report to credit bureaus
• Comply with our legal and regulatory obligations.
• Enforce our terms and conditions and otherwise protect our rights and operations.

Disclosure of Personal Information for a Business Purpose

We may disclose your personal information for a business purpose to the following categories of parties:

• Affiliates;
• Service providers and contractors who help manage, develop, and analyze our business and/or deliver services to us and our clients, such as;
  • Professional services organizations, such as auditors and law firms
  • Our business partners
  • Online advertising services and networks
  • Internet service providers
  • Data analytics providers
  • Operating systems and platforms
  • Social networks
  • Data brokers
• Agencies and organizations working to prevent fraud in financial services; or
• Law enforcement, regulatory and other governmental agencies.

Retention Period

We store personal information for as long as necessary to carry out the purposes for which we originally collected it and for other legitimate business purposes, including to meet our legal, regulatory, or other compliance obligations.

Sharing or Selling Your Personal Information

We do not sell personal information to third parties for monetary consideration without your prior consent, but we may share your personal information with third parties for cross-context behavioral advertising.

The categories of personal information that we may have shared are:

• Identifiers, including IP addresses, cookie identifiers, and other pseudonymous identifiers
• Account information
• Protected classification information
• Internet or other electronic network activity information
• Professional or employment information
• Inferences drawn from personal information

We do not purposefully sell or share the personal information of children under the age of 16.

For more on your personal information share/sale rights, see Right to Opt-out of Sharing or Selling.

We reserve the right to transfer any personal information we have about you in the event we sell or transfer all or a portion of our business or assets (including in the event of a merger, acquisition, joint venture, reorganization, divestiture, dissolution or liquidation).

Use of Sensitive Personal Information

Under the CPRA, we collect the types of sensitive personal information described in the Categories of Personal Information We Collect section above. Elavon only collects and uses sensitive personal information for certain limited purposes, such as providing services and products to consumers, detecting data security incidents and protecting against fraud (“Limited Purposes”). Because Elavon uses this sensitive personal information for Limited Purposes, there is no need for us to provide a Limit Use and Disclosure of Sensitive Personal Information right under the CPRA.

Summary of Prior 12-Month Personal Information Handling Practices

We provide in the chart below a summary of our prior 12-month personal and sensitive information handling practices. You can learn more about the information we collect at or before the point of collection above in the Categories of Personal Information We Collect, Where We Collect Your Personal Information, Use of Personal Information, and Disclosure of Personal Information for a Business Purpose sections.

Exercising Your Rights

To exercise the rights described above, please submit a verifiable consumer request to us through one of the following methods:

• Current, Former or Prospective Customer Requests:
  • Please complete the Personal Information Request Form. This form allows you to request the details of the personal information that Elavon has about you and to request access, to that information. Once received, Elavon must use reasonable methods to verify the identity of the requestor before responding. If we cannot verify the requestor, we will either deny the request or ask for additional identifying information. Elavon will respond within 45 days of the request unless additional time is required.
  • Or call us at 1-800-725-1243.
• Workforce (employee, prospective, current, or former) Requests:
  • Please complete the Personal Information Request Form. This form allows you to request the details of the personal information that Elavon has about you and to request access, to that information. Once received, Elavon must use reasonable methods to verify the identity of the requestor before responding. If we cannot verify the requestor, we will either deny the request or ask for additional identifying information. Elavon will respond within 45 days of the request unless additional time is required.
  • Or call us at 1-800-725-1243.

You may only make a verifiable consumer request for access twice within a 12-month period.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. We will generally verify your identity by asking you to provide personal information related to your recent interactions with us. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Requests by Authorized Agents

You may exercise your privacy rights through an authorized agent. If we receive your request from an authorized agent, we may ask for evidence that you have provided such agent with a power of attorney or that the agent otherwise has valid written authority to submit requests to exercise rights on your behalf.

Nondiscrimination

You have the right not to be discriminated against for exercising any of your privacy rights. This includes us not: (a) denying you goods or services; (b) charging you different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties; (c) providing you a different level or quality of goods or services; (d) suggesting to you that you will receive a different price or rate for goods or services or a different level or quality of goods or services; and (e) retaliating against you for exercising your privacy rights.