Historical Terms and Conditions
Data Processing Addendum
This Data Processing Addendum (“Addendum”) supplements the Agreement entered into by and between NMI and Company. Any terms not defined in this Addendum will have the meaning set forth in the Agreement. To the extent NMI receives Personal Data from Company, the terms of this Addendum will apply to the parties.
1. Definitions
1.1 “Addendum” means any person or entity that controls, is controlled by, or is under common control with, such party.
1.2 “Applicable Laws ” means any applicable laws, rules, and regulations in any relevant jurisdiction applicable to the Addendum, the Agreement, or the use or Processing of Personal Data, including those concerning privacy, data protection, confidentiality, information security, availability and integrity, or the handling of Personal Data. Applicable Laws expressly include, as applicable: (i) the California Consumer Privacy Act (and its successor/amending statute the California Privacy Rights Act)(the “CPRA”; (ii) the Virginia Consumer Data Protection Act (the “VCDPA”); (iii) the Colorado Privacy Act (the “”CPA”); (iv) the General Data Protection Regulation (Regulation (EU) 2016/679) (“EU GDPR” or “GDPR”), (v) the EU GDPR as it forms part of the law of England and Wales by virtue of Section 3 of the European Union (Withdrawal) Act 2018 (the “UK GDPR”); (vi) the UK Data Protection Act 2018; and (vii) the Privacy and Electronic Communications (EC Directive) Regulations 2003, in each case, as updated, amended or replaced from time to time.
1.3 “Authorized Person” means an employee of either Party or an employee of a Party’s Affiliate who has a need to know or otherwise access Personal Data to enable a Party to perform its obligations under this Addendum or the Agreement and who has been apprised of the confidential nature of Personal Data before they may access such data and who has undergone appropriate background screening and training.
1.4 “Business or Data Controller” means the Company which alone determines the purposes and means of the Processing of Personal Data
1.5 “Consumer or Data Subject” means a natural person about whom a Data Controller holds Personal Data pursuant to the Agreement and who can be identified, directly or indirectly, by reference to that Personal Data.
1.6 “Consumer Rights or Data Subject Rights” means the rights recognized and granted to Data Subjects with respect to their Personal Data under Applicable Laws
1.7 “EU SCCs” means the standard contractual clauses approved by the European Commission in Commission Decision 2021/914 dated 4 June 2021, for transfers of Personal Data to countries not otherwise recognized as offering an adequate level of protection for Personal Data by the European Commission; available at: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/standard-contractual-clauses-scc_en (as amended and updated from time to time).
1.8 “ex-EEA Transfer” means the transfer of Personal Data, which is Processed in accordance with the GDPR, outside the European Economic Area (the “EEA”), and such transfer is not governed by an adequacy decision made by the European Commission in accordance with the relevant provisions of the GDPR.
1.9 “ex-UK Transfer” means the transfer of Personal Data, which is Processed in accordance with the UK GDPR and the Data Protection Act 2018, outside the United Kingdom (the “UK”), and such transfer is not governed by an adequacy decision made by the Secretary of State in the UK in accordance with the relevant provisions of the UK GDPR and the Data Protection Act 2018.
1.10 “Personal Data” means any information relating to an identified or identifiable living individual that is transmitted, uploaded, created, processed or stored by NMI as part of the provision of the Services provided by NMI under the Agreement. An identifiable living individual is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of the individual. Tokenized data or encrypted data that NMI cannot reidentify is not considered Personal Data.
1.11 “Personal Data Breach” means any accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, any Personal Data other than (a) through the use of a Company’s or any Users’ generated password that, consistent with the settings and permissions in the respective Service, has rights to access such Personal Data, or (b) access by NMI personnel or Subprocessor personnel whose access to or use of such Personal Data is for the purpose of performance of the Services as permitted under this Agreement and applicable law.
1.12 “Process or Processing” means any operation or set of operations performed upon Personal Data, whether or not by automatic means, such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction.
1.13 “Service Provider or Data Processor or Processor” means NMI, which Processes Personal Data on behalf of and pursuant to the instructions of Company.
1.14 “Services” shall have the meaning set forth in the Agreement.
1.15 “Sensitive Personal Data” means data that is also Personal Data but includes a subsect of Personal Data that constitutes: “sensitive personal information,” “sensitive data,” or any similar category of information subject to Applicable Laws.
1.16 “Subprocessor” means any third party appointed by or on behalf of NMI to process Personal Data. A Subprocessor may also be referred to as a Third-Party Service Provider.
1.17 “UK Data Transfer Addendum” means the International Data Transfer Addendum to the EU Commission Standard Contractual Clauses Version B1.0, in force 21 March 2022 issued by the UK Information Commissioner under S119A(1) Data Protection Act 2018, available at: https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/international-data-transfer-agreement-and-guidance/
2. Processing of Data and Compliance with Applicable Laws
2.1 The Parties shall comply with this Addendum at all times during the term of the Agreement and for any period post termination where the Parties process Personal Data in accordance with the Agreement. Any failure by either party to comply with the obligations set forth in this Addendum will be considered a material breach of the Agreement, and the other party will have the right, without limiting any of the rights or remedies under this Addendum or the Agreement, or at law or in equity, to immediately terminate the Agreement for cause.
2.2 The rights and obligations of NMI with respect to Processing are described herein and in the Agreement. The subject matter, nature, purpose and duration of this Processing, as well as the types of Personal Data collected and categories of Data Subjects involved, are described in Exhibit 1 to this Addendum.
2.3 NMI shall only Process Personal Data for the limited and specified purposes described in Exhibit 1, the terms set forth in this Addendum and in any written instructions provided by Company.
2.4 Company represents and warrants that it will: (i) comply with all Applicable Laws; (ii) any written instructions it provides to NMI will comply with all Applicable Laws; and (iii) shall make the required disclosures and obtain the necessary consents for NMI to process Personal Data. Company shall notify NMI if an instruction it gave NMI violates Applicable Laws.
2.5 If Company cannot comply with Applicable Laws in the performance of its obligations to NMI, Company agrees to promptly inform NMI in writing of its inability to comply, in which case NMI may (at its discretion) suspend the processing of Personal Data, terminate the Agreement, or otherwise stop processing Personal Data and remediate any issues that arise as a result of Company’s failure to comply with Applicable Laws.
2.6 NMI acknowledges and confirms that it does not receive any Personal Data from Company as consideration for any services or other items provided to Company. Except as expressly set forth in the Agreement, NMI shall not have, derive or exercise any rights or benefits regarding data provided by Company (“Consumer Data”) and NMI shall not sell any Consumer Data, as defined by Applicable Laws. NMI shall not retain, use or disclose any Consumer Data except as necessary for the specific purpose of performing the Services for Company pursuant to the Agreement, for the benefit of the Company (such as, but not limited to, providing insight information or to offer the Company additional products or services), or otherwise for its internal business purposes. Company agrees that NMI may anonymise Consumer Data to use for its internal business purposes and to develop its products and services. NMI understands the rules, restrictions, requirements and definitions of the CPRA and agrees to refrain from taking any action that would cause any transfers of Consumer Data to or from NMI to qualify as a sale of personal information under the CPRA. The terms “personal information,” “sale,” and “sell” for the purposes of this Section 8 are as defined in Section 1798.140 of the California Consumer Protection Act (“CCPA”).
2.7 Company hereby instructs NMI to transfer Personal Data to any country or territory as reasonably necessary for the provision of the Services and consistent with this Addendum.
3. Security of Personal Data.
3.1 NMI shall in relation to the Personal Data implement the Security Requirements attached hereto as Exhibit 3 and any additional measures required pursuant to Applicable Laws.
3.2 After termination or expiry of the Agreement, upon Company’s written request , , NMI shall, and shall ensure that all Authorized Persons, promptly and securely dispose of or return to Company , at Company’s choice, all copies of Personal Data, unless NMI is otherwise required to retain the Personal Data in accordance with Applicable Law.
3.3 Where and to the extent disposal of Personal Data in accordance with Section 3.2 is explicitly prevented by Applicable Law(s) or technically infeasible, NMI or Authorized Persons, as applicable, shall (i) take measures to block such Personal Data from any further Processing (except to the extent necessary for continued Processing explicitly required by Applicable Law(s)), and (ii) continue to exercise appropriate Technical and Organizational Security Measures to protect such Personal Data until it may be disposed of in accordance with Section 3.2.
4. Subprocessing and Authorized Personnel
4.1 MI shall take reasonable steps to ensure that access to Personal Data is limited to those individuals who need to know/access the Personal Data to provide the Services, and (ii) ensure that all individuals it authorizes to process Personal Data are bound by confidentiality obligations (whether by contract or under Applicable Law) in respect of the processing of Personal Data.
4.2 Company acknowledges that NMI may engage Subprocessors in connection with providing the Services. Company consents to NMI’s use of Subprocessors subject to compliance with the terms in this Section 4. A copy of the list of Subprocessors who are involved in processing of Personal Data can be found here NMI has entered, and for new Subprocessors will enter, into a written agreement with each Subprocessor that complies with the relevant Applicable Laws applicable to the Subprocessor or the processing.
4.3 NMI will notify Company (for which email shall suffice) if NMI intends to add additional Subprocessors to the above mentioned list, at least fourteen (14) days before the changes come into effect.
4.4 Company may reasonably object to NMI’s use of a new Subprocessor by notifying NMI promptly in writing within fourteen (14) days after receipt of NMI’s notice. If Company reasonably objects to a new Subprocessor and NMI does not resolve Company’s reasonable objection within a reasonable period of time not to exceed fourteen (14) days, either Party may terminate the portion of the Agreement relating to the Services involving the new Subprocessor (which may involve termination of the entire Agreement) by providing written otice to the other Party. Termination under this Section 4.4 will be without fault to either party.
4.5 Each party shall remain responsible and liable for its compliance with Applicable Laws and any obligations ensuing from the Agreement and this Addendum.
5. Personal Data Breach
5.1 NMI shall notify Company of a Personal Data Breach as soon as reasonably practicable, but in any event, not more than forty-eight (48) hours after confirming such Personal Data Breach.
5.2 In the event of a Personal Data Breach, NMI will provide Company with such details as Company reasonably requires (to the extent that such information is known or available to NMI) regarding: (i) the nature of the Personal Data breach, including the categories and approximate numbers of data subjects and Personal Data records concerned; (ii) any investigations into such Personal Data Breach; (iii) the likely consequences of the Personal Data Breach; and (iv) any measures taken, or that NMI recommends, to address the Personal Data Breach, including to mitigate its possible adverse effects and prevent the re-occurrence of the Personal Data Breach.
5.3 NMI may give Company phased updates as additional information regarding the Personal Data Breach becomes available to NMI; and provide reasonable cooperation and assistance to Company in relation to any remedial action to be taken in response to a Personal Data Breach, but will not notify any data subjects of the Personal Data Breach, except pursuant to the Company’s explicit instruction or as required by any law, rule, regulation or binding court order to which NMI is subject.
5.4 Company may share any notification and details provided by NMI under this Section 5 with the appropriate governmental/supervisory authority if required to do so under Applicable Laws.
6. Transfers of Personal Data
6.1 If NMI transfers Personal Data protected under this Addendum to a jurisdiction for which the United Kingdom or European Commission (as applicable) has not issued an adequacy decision (each, (“Restricted Transfer”)), NMI shall ensure that (i) a Restricted Transfer by NMI may only be made to Subprocessors as approved by Company in accordance with Section 4 of this Addendum; (ii) any Restricted Transfer conducted by NMI or any Authorized Person shall be undertaken in accordance with the appropriate Standard Contractual Clauses entered into in accordance with Applicable Law (as applicable); and (iii) that each Restricted Transfer will be made after appropriate safeguards have been implemented for the Restricted Transfer of Personal Data in accordance with Applicable Laws.
6.2 Ex-EEA Transfers. If applicable, Ex-EEA Transfers are made pursuant to the EU SCCs, which are deemed entered into and incorporated into this Addendum by reference. For the purposes of the EU SCCs, the appropriate module shall be:
(i)Module Two (Controller to Processor), where the Company engages with NMI as a Merchant, with the following options:
a. Clause 7 (Docking Clause) shall apply;
b. In Clause 9 (use of sub-processors) option 2 (general written authorisation) shall apply and the time period shall be that specified in clause 4.2 of this Agreement.
c. In Clause 11, the optional language does not apply;
d. All square brackets in Clause 13 are hereby removed;
e. In Clause 17 (Option 1), the EU SCCs will be governed by the laws of the Republic of Ireland;
f. In Clause 18(b), disputes will be resolved before the courts of the Republic of Ireland;
g. Exhibit 2 to this Addendum contains the information required in Annex I of the EU SCCs;
h. Exhibit 3 to this Addendum contains the information required in Annex II of the EU SCCs; and
i. By entering into this Addendum, the parties are deemed to have signed the EU SCCs incorporated herein, including its Annexes.
(ii) Module Three (Processor to Processor), where the Company engages with NMI as a Reseller acting on behalf of a Merchant(s) as controller of the Personal Data, with the following options:
a. Clause 7 (Docking Clause) shall apply;
b. In Clause 9 (use of sub-processors) option 2 (general written authorisation) shall apply and the time period shall be that specified in clause 4.2 of this Agreement.
c. In Clause 11, the optional language does not apply;
d. All square brackets in Clause 13 are hereby removed;
e. In Clause 17 (Option 1), the EU SCCs will be governed by the laws of the Republic of Ireland;
f. In Clause 18(b), disputes will be resolved before the courts of the Republic of Ireland;
g. Exhibit 2 to this Addendum contains the information required in Annex I of the EU SCCs;
h. Exhibit 3 to this Addendum contains the information required in Annex II of the EU SCCs; and
i. By entering into this Addendum, the parties are deemed to have signed the EU SCCs incorporated herein, including its Annexes.
6.3 Ex-UK Transfers. If applicable, Ex-UK Transfers are made pursuant to the UK Data Transfer Addendum, which is deemed entered into and incorporated into this Addendum by reference. For the UK Data Transfer Addendum, where applicable the following applies:
(i) Exhibit 4 to this Addendum contains the information required in Part 1 – Tables, of the UK Data Transfer Addendum; and
(ii) By entering into this Addendum, the parties are deemed to have signed the UK Data Transfer Addendum incorporated herein.
7. Rights of Data Subjects.
NMI will provide such assistance as is reasonably required to enable Company to comply with Data Subject Rights requests within the time limits imposed by Applicable Laws.
8. Recordkeeping.
8.1 Recordkeeping. NMI shall maintain records and information in accordance with Applicable Laws to demonstrate its compliance with this Addendum (“Records”).
8.2 Verification Requirements. On reasonable written request, no more than once per calendar year, NMI shall make available to Company all Records necessary to demonstrate compliance with the Applicable Laws. NMI reserves the right to charge reasonable expenses for any additional requests by Company.
9. Miscellaneous
9.1 NMI may modify or amend this Addendum ma to ensure that it complies with Applicable Laws, providing that it gives the Company reasonable written notice of such changes. Both parties may disclose this Addendum to third parties (including other businesses, Consumers and regulators) for purposes of demonstrating compliance with Applicable Laws.
9.2 If an amendment to this Addendum is required to comply with Applicable Laws, both parties shall work together in good faith to promptly execute a mutually agreeable amendment.
9.3 If any individual provisions of this Addendum are determined to be invalid or unenforceable, the validity and enforceability of the other provisions of this Addendum shall not be affected.
9.4 This Addendum may be executed in one or more counterparts, each of which shall be deemed to be an original executed copy of the Addendum.
9.5 Addendum shall automatically terminate upon the termination or expiration of the Agreements under which the Services are provided, but the provisions of this Addendum shall survive beyond termination where NMI is required to process Personal Data after termination or expiry of the Agreement, and in such case the provisions shall continue to apply to the extent that NMI processes the Personal Data.
9.6 In the event of any conflict or inconsistency among the following documents, the order of precedence will be: (1) Applicable Laws; (2) the terms of this Addendum; and (3) the Agreement.
9.7 Notwithstanding anything contrary to this Addendum or Agreement between the parties, NMI will not be liable to any Data Subject for a claim arising from NMI’s acts or omissions, to the extent that NMI was acting in line with Company’s written instruction and consent.
Exhibit 1
Details of Processing
Nature and Purpose of Processing: Each Party will Process Company’s Personal Data as necessary to provide the Services under the Agreement, for the purposes specified in the Agreement, the Data Processing Addendum, and in accordance with Company’s instructions as set forth in this Exhibit 1. The nature of Processing shall include:
- The Parties will process Personal Data as necessary to fulfil the Party’s obligations under the Agreement and as otherwise set forth in this Addendum
Duration of Processing:
- The term of the Agreement.
Categories of Data Subjects: Categories of data subjects whose personal data is transferred include:
- the end-users of a the Company or its customers (as applicable) who’s payment information is processed through the Services in accordance with the Agreement
Categories of Personal Data:
General Personal Data
- Cardholder data (including but not limited to cardholder name, expiration date, account numbers, service codes)
- Bank account details
- Contact information (including but not limited to name, email, mobile number, address, email address)
- IP address/ location
- Tax ID
Special categories of data / Sensitive Personal Data
- None
Exhibit 2
This Exhibit 2 shall apply in accordance with clause 6.2, where applicable.
A LIST OF PARTIES
For transfers of EU Personal Data :
Data exporter(s):
Name: |
Company |
Address: |
As specified in the Order Form |
Contact person’s name, position and contact details: |
|
As specified in the Order Form |
|
Activities relevant to the data transferred under these Clauses:
|
|
Role: |
controller |
Data importer(s):
Name: |
NMI |
||
Address: |
As specified in the Order Form |
||
Contact person’s name, position and contact details: |
|||
As specified in the Order Form |
|||
Activities relevant to the data transferred under these Clauses:
|
|||
Role: |
processor |
DESCRIPTION OF TRANSFER
Categories of data subjects whose Personal Data is transferred:
- As described in Exhibit 1
Categories of Personal Data transferred
- As described in Exhibit 1.
The frequency of the transfer (e.g. whether the data is transferred on a one-off or continuous basis).
- Continuous, for any period that the data importer provides Services under this Agreement.
Nature of the processing
- As described in Exhibit 1
Purpose(s) of the data transfer and further processing
- As described in Exhibit 1
The period for which the Personal Data will be retained, or, if that is not possible, the criteria used to determine that period
- As described in Exhibit 1
For transfers to (sub-) processors, also specify subject matter, nature and duration of the processing
- As described in Section D below.
COMPETENT SUPERVISORY AUTHORITY
Identify the competent supervisory authority/ies in accordance with Clause 13.
For transfers of EU Personal Data:
Name: |
Data Protection Commission, Ireland |
Address: |
21 Fitzwilliam Square South Dublin 2 D02 RD28 Ireland |
For transfers of UK Personal Data:
Name: |
UK Information Commissioner’s Office |
Address: |
Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF |
LIST OF SUB-PROCESSORS
The controller has authorized the use of the following sub-processors: As detailed in clause 4.2 of this Data Processing Addendum.
Exhibit 3
Description of the Technical and Organizational Security Measures implemented by the NMI
NMI maintains the following administrative, physical and technical safeguards (“Security Requirements”) for the protection of Personal Data, as described in Section 3 of the Addendum and outlined here.
Exhibit 4 UK Addendum (as applicable)
For transfers of Personal Data from Company to NMI which are subject to the UK GDPR (as amended or replaced from time to time), the parties agree to be bound by the terms of the UK Addendum, which shall be completed and entered into as follows:
Part 1:
Table 1: Parties: As set out in the EU SCCs contained in Exhibit 2 of this Addendum.
Table 2: Selected SCCs, Modules and Selected Clauses:
Addendum EU SCCs |
The version of the Approved EU SCCs as specified in clause 6.2 of this Agreement and to which this Addendum is appended to. |
Table 3: Appendix Information
“Appendix Information” means the information which must be provided for the selected modules as set out in the Appendix of the Approved EU SCCs (other than the Parties), and which for this Addendum is set out in:
Annex 1A: List of Parties: As set forth in Annex 1A of the EU SCCs. |
Annex 1B: Description of Transfer: As set forth in Annex 1B of the EU SCCs. |
Annex II: Technical and organizational measures including technical and organizational measures to ensure the security of the data: As set forth in Annex II of the EU SCCs. |
Annex III: List of Sub processors (Modules 2 and 3 only): As set forth in Annex 3 to the EU SCCs. |
Table 4: Ending this Addendum when the Approved Addendum Changes
Ending this Addendum when the Approved Addendum changes |
Which Parties may end this Addendum as set out in Clause 19 of this Exhibit: [X] Importer [X] Exporter ☐ neither Party |
Part 2: Mandatory Clauses
Entering into this Addendum
1. Each Party agrees to be bound by the terms and conditions set out in this Addendum, in exchange for the other Party also agreeing to be bound by this Addendum.
2. Although Annex 1A and Clause 7 of the Approved EU SCCs require signature by the Parties, for the purpose of making Restricted Transfers, the Parties may enter into this Addendum in any way that makes them legally binding on the Parties and allows data subjects to enforce their rights as set out in this Addendum. Entering into this Addendum will have the same effect as signing the Approved EU SCCs and any part of the Approved EU SCCs.
Interpretation of this Addendum
3. Where this Addendum uses terms that are defined in the Approved EU SCCs those terms shall have the same meaning as in the Approved EU SCCs. In addition, the following terms have the following meanings:
Addendum | This International Data Transfer Addendum which is made up of this Addendum incorporating the Addendum EU SCCs. |
Addendum EU SCCs | The version(s) of the Approved EU SCCs which this Addendum is appended to, as set out in Table 2, including the Appendix Information. |
Appendix Information | As set out in Table 3. |
Appropriate Safeguards | The standard of protection over the personal data and of data subjects’ rights, which is required by UK Data Protection Laws when you are making a Restricted Transfer relying on standard data protection clauses under Article 46(2)(d) UK GDPR. |
Approved Addendum | The template Addendum issued by the ICO and laid before Parliament in accordance with s119A of the Data Protection Act 2018 on 2 February 2022, as it is revised under Section 18 . |
Approved EU SCCs | The Standard Contractual Clauses set out in the Annex of Commission Implementing Decision (EU) 2021/914 of 4 June 2021. |
ICO | The Information Commissioner. |
Restricted Transfer | A transfer which is covered by Chapter V of the UK GDPR. |
UK | The United Kingdom of Great Britain and Northern Ireland. |
UK Data Protection Laws | All laws relating to data protection, the processing of personal data, privacy and/or electronic communications, in force from time to time in the UK, including the UK GDPR and the Data Protection Act 2018. |
UK GDPR | As defined in section 3 of the Data Protection Act 2018. |
4. This Addendum must always be interpreted in a manner that is consistent with UK Data Protection Laws and so that it fulfils the Parties’ obligation to provide the Appropriate Safeguards.
5. If the provisions included in the Addendum EU SCCs amend the Approved SCCs in any way which is not permitted under the Approved EU SCCs or the Approved Addendum, such amendment(s) will not be incorporated in this Addendum and the equivalent provision of the Approved EU SCCs will take their place.
6. If there is any inconsistency or conflict between UK Data Protection Laws and this Addendum, UK Data Protection Laws applies.
7. If the meaning of this Addendum is unclear or there is more than one meaning, the meaning which most closely aligns with UK Data Protection Laws applies.
8. Any references to legislation (or specific provisions of legislation) means that legislation (or specific provision) as it may change over time. This includes where that legislation (or specific provision) has been consolidated, re-enacted and/or replaced after this Addendum has been entered into.
Hierarchy
9. Although Clause 5 of the Approved EU SCCs sets out that the Approved EU SCCs prevail over all related agreements between the parties, the parties agree that, for Restricted Transfers, the hierarchy in Section 10 will prevail.
10. Where there is any inconsistency or conflict between the Approved Addendum and the Addendum EU SCCs (as applicable), the Approved Addendum overrides the Addendum EU SCCs, except where (and in so far as) the inconsistent or conflicting terms of the Addendum EU SCCs provides greater protection for data subjects, in which case those terms will override the Approved Addendum.
11. Where this Addendum incorporates Addendum EU SCCs which have been entered into to protect transfers subject to the General Data Protection Regulation (EU) 2016/679 then the Parties acknowledge that nothing in this Addendum impacts those Addendum EU SCCs.
Incorporation of and changes to the EU SCCs
12. This Addendum incorporates the Addendum EU SCCs which are amended to the extent necessary so that:
a. together they operate for data transfers made by the data exporter to the data importer, to the extent that UK Data Protection Laws apply to the data exporter’s processing when making that data transfer, and they provide Appropriate Safeguards for those data transfers;
b. Sections 9 to 11 override Clause 5 (Hierarchy) of the Addendum EU SCCs; and
c. this Addendum (including the Addendum EU SCCs incorporated into it) is (1) governed by the laws of England and Wales and (2) any dispute arising from it is resolved by the courts of England and Wales, in each case unless the laws and/or courts of Scotland or Northern Ireland have been expressly selected by the Parties.
13. Unless the Parties have agreed alternative amendments which meet the requirements of Section 12, the provisions of Section 15 will apply.
14. No amendments to the Approved EU SCCs other than to meet the requirements of Section 12 may be made.
15. The following amendments to the Addendum EU SCCs (for the purpose of Section 12) are made:
a. References to the “Clauses” means this Addendum, incorporating the Addendum EU SCCs;
b. In Clause 2, delete the words:
“and, with respect to data transfers from controllers to processors and/or processors to processors, standard contractual clauses pursuant to Article 28(7) of Regulation (EU) 2016/679”;
c. Clause 6 (Description of the transfer(s)) is replaced with:
“The details of the transfers(s) and in particular the categories of personal data that are transferred and the purpose(s) for which they are transferred) are those specified in Annex I.B where UK Data Protection Laws apply to the data exporter’s processing when making that transfer.”;
d. Clause 8.7(i) of Module 1 is replaced with:
“it is to a country benefiting from adequacy regulations pursuant to Section 17A of the UK GDPR that covers the onward transfer”;
e. Clause 8.8(i) of Modules 2 and 3 is replaced with:
“the onward transfer is to a country benefiting from adequacy regulations pursuant to Section 17A of the UK GDPR that covers the onward transfer;”
f. References to “Regulation (EU) 2016/679”, “Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation)” and “that Regulation” are all replaced by “UK Data Protection Laws”. References to specific Article(s) of “Regulation (EU) 2016/679” are replaced with the equivalent Article or Section of UK Data Protection Laws;
g. References to Regulation (EU) 2018/1725 are removed;
h. References to the “European Union”, “Union”, “EU”, “EU Member State”, “Member State” and “EU or Member State” are all replaced with the “UK”;
i. The reference to “Clause 12(c)(i)” at Clause 10(b)(i) of Module one, is replaced with “Clause 11(c)(i)”;
j. Clause 13(a) and Part C of Annex I are not used;
k. The “competent supervisory authority” and “supervisory authority” are both replaced with the “Information Commissioner”;
l. In Clause 16(e), subsection (i) is replaced with:
“the Secretary of State makes regulations pursuant to Section 17A of the Data Protection Act 2018 that cover the transfer of personal data to which these clauses apply;”;
m. Clause 17 is replaced with:
“These Clauses are governed by the laws of England and Wales.”;
n. Clause 18 is replaced with:
“Any dispute arising from these Clauses shall be resolved by the courts of England and Wales. A data subject may also bring legal proceedings against the data exporter and/or data importer before the courts of any country in the UK. The Parties agree to submit themselves to the jurisdiction of such courts.”; and
o. The footnotes to the Approved EU SCCs do not form part of the Addendum, except for footnotes 8, 9, 10 and 11.
Amendments to this Addendum
16. The Parties may agree to change Clauses 17 and/or 18 of the Addendum EU SCCs to refer to the laws and/or courts of Scotland or Northern Ireland.
17. If the Parties wish to change the format of the information included in Part 1: Tables of the Approved Addendum, they may do so by agreeing to the change in writing, provided that the change does not reduce the Appropriate Safeguards.
18. From time to time, the ICO may issue a revised Approved Addendum which:
a. makes reasonable and proportionate changes to the Approved Addendum, including correcting errors in the Approved Addendum; and/or
b. reflects changes to UK Data Protection Laws;
The revised Approved Addendum will specify the start date from which the changes to the Approved Addendum are effective and whether the Parties need to review this Addendum including the Appendix Information. This Addendum is automatically amended as set out in the revised Approved Addendum from the start date specified.
19. If the ICO issues a revised Approved Addendum under Section 18, if any Party selected in Table 4 “Ending the Addendum when the Approved Addendum changes”, will as a direct result of the changes in the Approved Addendum have a substantial, disproportionate and demonstrable increase in:
a. its direct costs of performing its obligations under the Addendum; and/or
b. its risk under the Addendum,
and in either case it has first taken reasonable steps to reduce those costs or risks so that it is not substantial and disproportionate, then that Party may end this Addendum at the end of a reasonable notice period, by providing written notice for that period to the other Party before the start date of the revised Approved Addendum.
20. The Parties do not need the consent of any third party to make changes to this Addendum, but any changes must be made in accordance with its terms.
Alternative Part 2 Mandatory Clauses:
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Merchant Terms and Conditions
Last Updated: March 1, 2024
If Company has ordered or purchased Services for its own use as a merchant or other end user, these Merchant Terms and Conditions (“Merchant Terms“) will apply, in addition to the Order Form(s), General Terms and Conditions, the applicable Service Terms, and any other terms set forth in the Agreement. For the purpose of these Merchant Terms, the term “Services” shall mean the Services identified in these Merchant Terms and applicable Service Terms. Company shall owe the fees as indicated in the applicable Fee Schedule or Order Form.
1. Service Terms
1.1. License Grant. Subject to Company’s compliance with the Agreement, NMI will provide the Services to Company in accordance with the Agreement and the applicable Service Terms. NMI grants to Company a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the Services solely in accordance with the specifications, application program interfaces (APIs), and other documentation provided by NMI for such purposes, as each may be updated from time to time by NMI in its sole discretion. Company will at all times comply with NMI’s then-current policies, procedures, and guidelines governing the Services, as updated from time to time in NMI’s sole discretion. Company is solely responsible for obtaining and maintaining any equipment, hardware, software, network connections, or ancillary services needed to connect to, access or otherwise use the Services. NMI may provide the Services or perform any of its other obligations under these Merchant Terms and any applicable Service Terms through its third party service providers, vendors, or agents.
1.2. Reseller Services. If Company has contracted for Services with a Reseller, Company acknowledges that such Reseller is an authorized reseller of NMI only and is not a joint venturer, partner, or agent of NMI. Any fees covered under any applicable Service Terms and these Merchant Terms and any applicable Fee Schedule apply only to those fees attributable to the Services delivered by NMI, and not to any other fees which may be charged by a Reseller for its own services (such as pursuant to a separate agreement between the Reseller and Company). Similarly, these Merchant Terms and any applicable Service Terms only govern the portion of the Reseller’s product or service that constitutes the Services, and not any third party enhancements, modifications, or other value-added products or services that a Reseller may bundle together with the Services. Company will contact the Reseller, not NMI, with any service inquiries.
1.3. Prohibited Transactions. Company may not request, introduce, or process transactions using the Services on behalf of any other person or entity. Any attempt by Company to use the Services on behalf of a third party may result in termination of these Merchant Terms, any applicable Service Terms, and the Agreement and/or additional fees, charges, fines, or assessments, for which Company will be solely liable.
1.4. Company Data. Company authorizes NMI to receive Company data from Third Party Service Provider or a Reseller, and to share Company transaction and other data with Third Party Service Provider as necessary to provide Company with the Services, which data may include transaction data and other data relating to Company’s use of the Third Party Service Provider Services, Personal Data, and/or Confidential Information. Furthermore, NMI may use, retain, and share any data it collects or receives in connection with the Services (including without limitation Confidential Information and Personal Data) with Third Party Service Provider, Resellers, NMI’s third party service providers, and other relevant third parties: (a) as necessary to provide Company with the Services; (b) as required or reasonably requested by the Resellers, Third Party Service Provider, Payment Networks, and service providers; (c) as required by the Rules or applicable law, regulation, order, or requirement of any governmental body, agency, or court having jurisdiction; or (d) to maintain the information as long as necessary or as required by law and used internally for record keeping, internal reporting, and support purposes, or to defend NMI’s rights in a legal dispute. NMI may use anonymized and statistical data on an aggregated basis (such as by calculating Company averages by region or industry) for any reason, and such information will be NMI’s Confidential Information and will not be deemed Personal Information, provided it cannot be used to identify Company or any individual.
1.5. Company’s Representations and Warranties. Company represents and warrants that: (a) it is engaged in a lawful business that includes the sale of products and/or services, and is duly licensed to conduct such business under the laws of all jurisdictions in which Company conducts business and will not change its type of business without the express written consent of NMI; (b) all statements and communications made by Company in connection with the Agreement are true, accurate, and complete in all material respects; (c) Company will comply with all applicable Rules, laws, and regulations to its use of the Services; (d) all transactions submitted in connection with the Services are for bona fide business operations compliant with applicable Rules, laws, and regulations; (e) Company is not engaged in any illegal or fraudulent business operation or any business operation prohibited by any applicable law, regulation, or Rule, or in any business identified on a prohibited activities list promulgated by any Third Party Service Provider or the Payment Networks; and (f) Company has all necessary right to any data or materials it uses in conjunction with the Services, and no such data or materials infringe the intellectual property rights of any third party.
1.6. Transaction Data. Company is solely responsible for verifying the accuracy and completeness of all transactions submitted and/or processed by NMI associated with Company’s account and verifying that all corresponding funds are accurately processed. NMI will not be liable for any improperly processed or unauthorized transactions or illegal or fraudulent access to Company’s account, data, or transaction data. If Company uses any application programming interfaces (APIs) provided in connection with the Services, Company is solely responsible for such use of the API, the security of Company’s credentials associated with the API, and the security of information and data submitted through the API. Company acknowledges that the fees associated with any and all transactions and associated data submitted to NMI are earned by NMI and shall not be reimbursed. NMI and its Resellers and Third Party Service Providers will not be liable for any transactions, including without limitation those that are unauthorized, improperly processed or approved, wrongfully declined, or otherwise, or for any access to any transaction or account data or Company’s customers’ Personal Data, including without limitation any unauthorized, illegal, or fraudulent access.
1.7. Credit Checks and Beneficial Owner. Company consents and agrees, as a condition of Company’s enrollment in and use of the Services, that NMI, its Resellers, or its Third Party Service Providers may obtain various consumer reports regarding Company and its principals from third parties, run credit checks, and obtain other Personal Data or credit information about Company and its principals or Beneficial Owners associated with Company, including for the purposes of evaluating Company’s eligibility for the Services, verifying the identities of such individuals and evaluating the fraud and credit risk associated with Customer in connection with a business transaction, and for the provision and administration of the Services. Company expressly authorizes NMI, prior to the creation of Company’s account and from time to time thereafter, to investigate Company’s individual and business history and background, consumer-identifying and credit information (and that of any of Company and Company’s authorized representatives, directors, officers, partners, proprietors, owners, etc.), and to obtain credit or consumer reports or other background investigation reports on each of them that NMI considers necessary to review the acceptance of Company’s application and continuation of the Services. Company also authorizes any person or credit reporting agency that issues consumer reports to answer those credit inquiries and to furnish that information to NMI. Company represents and warrants to NMI that it has obtained, and will provide to NMI upon request, written instructions and all authorizations, consents, and disclosures necessary from each such individual for NMI to obtain (and for a consumer reporting agency to provide) such information including consumer reports of such individual to NMI. Company represents and warrants that it will ensure that such individual shall also authorize NMI’s sharing of information of such individual in connection with obtaining such consumer reports from the consumer reporting agencies and other third party service providers who conduct background and identification screening. Company agrees to cooperate with and provide NMI with any information or documentation needed for the Company to obtain such information from consumer reporting agencies, and agrees that it will comply with all applicable requirements under all applicable state and federal laws and regulations. For purposes of these Merchant Terms, “Beneficial Owner” means any person who either directly or indirectly owns or controls at least 25% or more of Company’s ownership interests as well as a person who exercises substantial control over Company. There must be at least one Beneficial Owner identified.
2. Liability
2.1. Limitation on Liability. In addition to any other limitations on liability or warranty disclaimers contained in the General Terms and Conditions, the following terms will apply: NMI will have no liability for, and Company will indemnify, defend, and hold NMI harmless from, any unauthorized or fraudulent transactions submitted or processed using Company’s identification number, Company’s systems, any security credentials issued to Company, or Company’s account, including but not limited to transactions in connection with credit return fraud. NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT, NMI PROVIDES NO WARRANTY, AND WILL BEAR NO RISK OR LIABILITY, WITH RESPECT TO COMPANY’S OR ITS CUSTOMERS’ DATA (INCLUDING WITHOUT LIMITATION PERSONAL DATA, COMPANY CREDENTIALS, AND TRANSACTION DATA), OR TO COMPANY’S SALE OF PRODUCTS OR SERVICES (INCLUDING WITHOUT LIMITATION ANY RISK ASSOCIATED WITH CREDIT CARD FRAUD, ACH FRAUD, CHECK FRAUD, CHARGEBACKS, TRANSACTION RATING, IMPROPERLY AUTHORIZED TRANSACTIONS, LEGITIMATE BUT UNAUTHORIZED TRANSACTIONS, DATA TRANSMISSION ERRORS, OR ANY ACTION OR OMISSION BY A THIRD PARTY). NMI DOES NOT WARRANT THAT PERSONAL DATA OR TRANSACTION DATA WILL NOT BE SUBJECT TO UNAUTHORIZED INTERCEPTION OR MODIFICATION. NMI WILL NOT BE LIABLE FOR ANY TRANSACTIONS SUBMITTED, INCLUDING WITHOUT LIMITATION THOSE THAT ARE UNAUTHORIZED, IMPROPERLY PROCESSED OR APPROVED, WRONGFULLY DECLINED, OR OTHERWISE, OR FOR ANY UNAUTHORIZED, ILLEGAL, OR FRAUDULENT ACCESS OF COMPANY OR CUSTOMER DATA.
2.2. Indemnification. In addition to any other indemnities set forth in the General Terms and Conditions, Company agrees to defend, indemnify, and hold NMI and its officers, directors, employees, agents, Third Party Service Providers, or Resellers (collectively, “NMI Indemnitees“) harmless from and against any and all claims, actions, proceedings, investigations and suits and all related internal costs, liabilities, damages, settlements, penalties, fines, costs or expenses (including reasonable attorneys’ fees and other litigation expenses) incurred by the above parties, arising out of or relating to any of the following: (a) the reliability, accuracy, or legitimacy of payment data or purchase orders submitted through the Services; (b) transactions submitted through the Services; or (c) claims by Company’s customers, including without limitation claims relating the goods or services sold by Company or relating to any disclosure of Personal Data or other consumer data.
2.3. Penalties and Assessments. If Company or its employees or agents, directly or indirectly, cause any fees, fines, or assessments to be charged to NMI or any NMI Indemnitee by a Payment Network or any other entity, Company will immediately reimburse NMI or the NMI Indemnitee for all such fines and penalties. All such obligations and amounts incurred will be deemed direct, not indirect or consequential, damages, and will be collectible notwithstanding any provision in the Agreement to the contrary.
Gateway Service Terms (Merchant)
Omni, Cardease, and/or USAePay
1. Interpretation; Definitions
1.1. Gateway Services. If the Order Form includes gateway Services, which may refer to each of Omni, Cardease, and/or USAePay, as applicable (jointly referred to as the “Gateway Services“), the following Service Terms (“Gateway Service Terms“) will apply in addition to the other terms and conditions set forth in the Agreement.
1.2. NMI Affiliate. The NMI Affiliate providing the Gateway Services is set forth below. For the purposes of these Gateway Service Terms, references to “NMI” will refer to such NMI Affiliate.
(a) In the U.S.:
i. Network Merchants, LLC (for all Gateway Services other than the USAePay Gateway); or
ii. Gor Corporation d/b/a USAePay (for USAePay Gateway).
In the U.K.:
Network Merchants, Ltd. (and in such case, the UK Country Addendum referenced in the General Terms and Conditions will apply).
1.3. Additional Definitions. Capitalized terms used but not defined in these Gateway Service Terms will have the meanings given to them in the General Terms and Conditions, the Merchant Terms, or elsewhere in the Agreement. In addition, the following definitions will apply to these Gateway Service Terms:
“Authorization” means a validation of a Transaction by Issuer.
“Acquirer” means a bank, processor, financial institution, or NMI itself, as applicable when such services are engaged by the Company, with which the Company uses for the acceptance of Transactions.
“Company Device” means the device used by the Company to process Transactions, which may include (as applicable and as supported by NMI): (a) mobile phones, smartphones, tablets, PDAs, computers and other devices; and/or (b) merchant terminals, including a machine in which a PIN entry device (PED) is installed or linked to.
“Company Interface” means the interface properly developed by Company using the SDK.
“Failure” means a correction of a Transaction by Issuer.
“Issuer” means a bank or other financial institution issuing a payment card on behalf of a Payment Network or issuing a payment card directly.
“Portal” means the platform operated by NMI which allows Company to manage the Services.
“Transaction” means any billable occurrence completed, evaluated, submitted, or facilitated through or using the Services (regardless of whether approved or declined), including but not limited to any sale, void, refund, credit, offline force, capture, authorization, validate, update, or settlement.
2. The Services
2.1. NMI shall, during the Term, provide to Company the Gateway Services indicated on the Order form, as set forth in these Gateway Service Terms.
2.2. Company shall comply with all PCI Security Standards applicable to Company, including any PCI DSS, PCI P2PE, PA DSS, or applicable policies and procedures provided to it by NMI.
2.3. Company understands that Company may not process orders on behalf of any other entity or individual and that the use of the Transaction processing services is provided herein as a service license for a single Company account. Any attempt to use the Transaction processing services provided herein for more than one merchant account without additional service licenses may result in additional fees and charges and/or the revocation of the service license and termination of these Gateway Service Terms.
3. Boarding. This Section will apply in all cases where boarding is provided.
3.1. Company must submit boarding requests in accordance with the merchant boarding procedure established by NMI from time to time.
3.2. In addition to the fees set forth on the Fee Schedule, where Company requests NMI assistance with the boarding process, NMI will charge to Company and Company will pay to NMI all reasonably incurred costs and expenses (including employee time).
3.3. Company acknowledges and accepts that it is solely responsible for ensuring that all information and data provided in the boarding and set-up process is complete and accurate, and for the provision of the merchant identification and Acquirer TIDs (or equivalent) to NMI. NMI will have no responsibility for any incorrect, inaccurate, or incomplete data provided by Company or any other third party in the boarding and set-up process.
3.4. NMI is not responsible for and shall have no liability to Company in respect of any and all information, data and/or updates provided by a third party and sent through the Services.
3.5. SDK License. If the Order Form includes a software development kit (“SDK“), NMI will provide such SDK and associated documentation with the Services. For this option, the following terms apply:
3.5.1. Subject to the other terms and conditions of the Agreement, NMI grants to Company a non-exclusive and non-transferable license for the Term to use the SDK in accordance with the written materials provided by NMI (including any technical specifications, file format documentation and API information), strictly to: (a) develop Company Interface and make a limited and reasonable number of copies of the SDK for such purpose; and (b) use the SDK to the extent that such is incorporated into Company Interface to benefit from the Services.
4. Transaction Processing
4.1. NMI shall receive Transactions from the Company Device and send the required data related to the Transaction to an Acquirer. NMI shall then receive the response from the Acquirer and send the related Authorization or Failure to the Company Device.
5. Portal
5.1. NMI shall provide a website that allows Company to access Transaction history and perform the following basic functions:
5.1.1. generate and download reports;
5.1.2. perform refunds; and
5.1.3. process ad hoc card-not-present authorizations and refunds.
6. TERMINAL MANAGEMENT SYSTEM (TMS)
6.1. NMI shall provide a TMS that enables the Company Device to download configuration data and firmware for the Company Device.
Provisions specific to SDK
6.2.If so indicated on the Order Form, NMI shall provide Company a SDK, which shall comprise of the:
6.2.1. software development kit; and
6.2.2. associated documentation (which may include technical specifications, files format documentation and API information).
6.3. Company acknowledges and accepts that NMI is not responsible for and shall have no liability to Company (or any Company) for:
6.3.1. Company Devices (including all software, firmware and operating systems located on the Company Device and its processing capacity, and including any certifications and configurations (including online PIN key loading arrangements where applicable));
6.3.2. any change (including updates and new releases) to Company Devices and/or PEDs (including where such change results in the SDK becoming unusable (in full or in part));
6.3.3. Company Device’s ability to connect to public networks and/or bluetooth (as applicable);
6.3.4. availability of public networks (including where unavailability results in failure to send communications related or connected to the SDK); and/or
6.3.5. functions connected or related to the processing of transactions (including transaction authorization) provided by acquiring banks, payment processors or payment facilitators.
6.4. For the purposes of this Section, Company shall be permitted to upload Company Interface to applicable app stores.
7. SECOND LINE COMPANY SUPPORT
7.1. The following definitions shall apply in this Section:
First Line Reseller Support Team |
Reseller’s personnel (or a third party on behalf of Reseller) providing the first line support, assistance and guidance to Company. |
Respond / Response |
an acknowledgement by email or telephone of a Support Request. |
Support Request |
a valid request for support made in accordance with these Gateway Service Terms. |
7.2. NMI shall provide second line support to the First Line Reseller Support Team on issues relating to the Company’s use of the Services reported to NMI in accordance with this Section. Company acknowledges and accepts that such second line Reseller support shall not include support:
7.2.1. provided by NMI directly to Company (save where NMI (in its sole) discretion requests the same);
7.2.2. where the First Line Reseller Support Team has not used every effort to resolve the issue;
7.2.3. where the First Line Reseller Support Team has not undertaken a reasonable level of diagnosis and reasonable steps to resolve the issue; and
7.2.4. on issues not directly related to the Services (including support on the PED and public network).
7.3. Reseller is responsible for providing first line support, assistance and guidance to Company.
7.4. Reseller must make a request for support in accordance with NMI’s procedures, which may be modified from time to time.
8. COMPANY BOARDING AND SET UP
This Section shall only apply where boarding is provided.
Scope of Portal boarding
8.1. The Reseller acknowledges and accepts that the Portal boarding method is only recommended by NMI for low volume boarding (under 20 users/month or for the purposes of a limited pilot).
8.2. Reseller acknowledges and accepts that Portal boarding shall not include:
8.2.1. verification by NMI of any Company information submitted in the boarding process; or
8.2.2. test transactions.
Company boarding procedure
8.3. Company must submit boarding requests in accordance with the relevant boarding procedures provided.
9. COMPANY BOARDING AND SET UP: API boarding
9.1. This Section only applies where API boarding is provided.
9.2. API boarding shall provide the Company with a web service interface or application programming interface that allows access to the Portal for boarding purposes.
9.3. Company acknowledges and accepts that API boarding shall not include:
9.3.1. verification by NMI of any Company information submitted in the boarding process; or
9.3.2. test transactions.
Processing Service Terms (Merchant)
1. Definitions; Interpretation
1.1. Processing Services. If Company has ordered payment processing / acquiring services, these Processing Service Terms will apply to Company’s Agreement, in addition to the General Terms and Conditions, the Merchant Terms, and the Order Form(s) (and any schedules or other documents referenced in any of the foregoing). The Processing Services described in these Processing Service Terms will be integrated and provided together with NMI’s gateway or other Services, which Services will be subject to separate Service Terms.
1.2. NMI Affiliate. Anovia Payments, LLC d/b/a NMI Payments is the NMI Affiliate providing the Processing Services under these Processing Service Terms, and for purposes of these Processing Service Terms, all references to “NMI” will refer to such NMI Affiliate only.
1.3. Additional Definitions. Capitalized terms used but not defined in these Processing Service Terms will have the meanings given to them in the General Terms and Conditions, the Merchant Terms, or elsewhere in the Agreement. In addition, the following definitions will apply to these Processing Service Terms only.
“Processing Agreement” means an agreement between Company and the Processor (and/or its sponsoring financial institution or other applicable Third Party Service Provider) pursuant to which the Processor (and/or the Third Party Service Provider) provides Company with a merchant processing account and payment processing services. The Processing Agreement is available at NMI Payments Merchant Processing Agreement or such other location as provided by NMI or the Processor/Third Party Service Provider, as the same may be amended or updated from time to time. In the event Company is signing up for Gateway Services in addition to Processing Services, the Processing Agreement shall be the following NMI Payments Merchant Processing and Gateway Agreement.
“Processor” means the applicable Third Party Service Provider (which may be an NMI Affiliate), and/or its sponsoring financial institution, as applicable, providing the Processor Services pursuant to these Processing Service Terms and a Processing Agreement. NMI may update the Processor with written notice to Company. As of the date of these Service Terms, the designated Processor is Anovia Payments, LLC d/b/a NMI Payments.
“Processor Services” means the payment processing services provided by the Processor pursuant to a Processing Agreement. The Processor Services are integrated with and accessible through gateway or other Services provided by NMI.
2. Service Terms
2.1. Processing Agreement and Processor Services. The Services are used to facilitate payment transactions processed by Processor. Accordingly, use of the Services requires that Company agrees to be bound by the Processing Agreement and a valid merchant account with the Processor. By accepting these Processing Service Terms, Company also accepts and agrees to the terms of the Processing Agreement (including any additional terms as may be instructed by the Processor), which are incorporated into the Agreement by reference.
2.2. Approval Process. Company understands that its application for the Services and the Processor Services are subject to review and approval by NMI and the Processor (and its Third Party Service Providers, as applicable), which approval may be granted or denied in their sole discretion. Such application can be found in the Processing Agreement. Accordingly, any Services which Company may be granted access to prior to such approval will be on a provisional basis only. If the Processor declines Company, or if at any time Company’s Processing Agreement terminates, NMI may immediately suspend access to the Services.
Modern Slavery Statement
1. Introduction
Network Merchants Limited (NMI) is committed to preventing acts of modern slavery and human trafficking from occurring within its business and supply chain, and imposes the same high standards on its suppliers. We take our responsibilities very seriously and any form of modern slavery, forced labour or human trafficking will not be tolerated within our operations.
We take appropriate steps to ensure that we respect and maintain the fundamental human rights of those who are working for or with NMI.
This statement covers the activities of the NMI Group across both the UK and USA for the financial year end 2020, as required by the Modern Slavery Act 2015.
2. Our Organisation
NMI is a global business, providing ISOs, Fintech Innovators and Technologists the freedom to focus on what they do best, liberating them from restricted payment solutions and giving them access to the latest payment technology. We provide payment solutions internationally across in-store, mobile, online and self-service payments. NMI operates in the UK and USA with offices in Bristol, Chicago, Salt Lake City and New York, employing over 180 people across its offices.
NMI is backed by global private equity firms, Francisco Partners and Great Hill Partner, both of which specialise in investments in technology, specifically payment solutions and FinTech. To find out more about the nature of our business, please visit: https://nmicomdev.wpenginepowered.com/company/who-we-are/.
In order to provide our services, we work with a range of suppliers across different industries. For a list of our suppliers, please visit: https://nmicomdev.wpenginepowered.com/processors-and-devices. We do not work within a supply chain where modern slavery or human trafficking is prevalent but we still remain committed to identifying potential risks and helping to prevent this.
3. NMI’s Policies
As part of our commitment to combating modern slavery, we have implemented the following policies:
- Modern Slavery & Anti-Trafficking Policy: we have an internal policy which covers the fundamental principles outlined in the Modern Slavery Act 2015, sets out how our staff can identify key signs of modern slavery and trafficking, as well as explaining how our employees should deal with a situation where they think someone is at risk.
- Procurement Process: as part of our appointment of suppliers, we undertake a risk assessment of the organisation and ask each company to complete a questionnaire which helps us to identify potential risks of modern slavery or human trafficking within their organisation. This is managed through a risk-based approach in light of the services we’re procuring. We ask all companies we work with to adopt the same standards that we apply to our business. We also include anti-slavery clauses in our contracts with our customers and supply chain.
- Recruitment: We operate a fair and transparent recruitment process which is detailed in both our staff handbook and, for these purposes, specific detail about recruitment is included in our Modern Slavery & Anti-Trafficking Policy. This applies whether we recruiter staff ourselves or whether we use outside agencies.
- Whistleblowing Policy: we encourage an open culture across all levels of our business and we believe that effective and honest communication is essential if malpractice is to be effectively dealt with. Our staff handbook sets out the process for reporting and we encourage all members of staff to raise any concerns they may have, including those relating to modern slavery or human trafficking.
The above policies are available to our staff and closely managed by the senior management team.
We also make sure our suppliers are aware of our policies, and adhere to the same high standards.
4. Due Diligence
As part of our efforts to monitor and reduce the risk of slavery and human trafficking occurring within our supply chains, we have adopted due diligence procedures designed to:
- establish and assess areas of potential risk in our business and supply chains;
- monitor potential risk areas in our business and supply chains;
- reduce the risk of slavery and human trafficking occurring in our business and supply chains;
- provide adequate protection for whistleblowers.
5. Risk and Compliance
We regularly evaluate the nature and extent of its exposure to the risk of modern slavery occurring in our supply chain by proactively managing those who we work with. We do not consider that we operate in high risk sectors or locations.
We do not tolerate slavery and human trafficking within our supply chains and if we find evidence of a failure to comply with our policies we will immediately seek to terminate our relationship with the relevant supplier.
6. Training
We invest in educating our staff to recognise the risks of modern slavery and human trafficking in our business and supply chains. Employees are encouraged to identify and report any potential breaches of our anti-slavery and human trafficking policy. Employees are taught the benefits of stringent measures to tackle slavery and human trafficking, as well as the consequences of failing to eradicate slavery and human trafficking from our business and supply chains.
7. Next Steps
Following our review of our actions this financial year to prevent slavery or human trafficking from occurring in our business or supply chains, we will continue to monitor our policies and consider developments to our due diligence and risk assessment procedures to help tackle slavery and human trafficking. We recognise that this is an ongoing obligation which continues to apply to NMI and requires a continuing commitment.
This statement is made in accordance with section 54(1) of the Modern Slavery Act 2015 and constitutes NMI’s slavery and human trafficking statement for the financial year 2019/20.
This statement was approved by Kyle Pexton on 16 July 2020.
GDPR
GDPR is the new EU data protection regulation which replaces the existing law and will apply across Europe from 25 May 2018. It strengthens individuals data protection rights and is designed to create a culture of good data protection across all organizations. Accountability and evidencing good data protection on an ongoing basis are key cornerstones of the GDPR.
Why is NMI concerned about GDPR?
The GDPR applies to any organizations that provide goods or services to European residents and therefore as we provide our services globally it is important for us to comply with GDPR.
GDPR Preparations
At NMI, our GDPR compliance is a priority for the business. The obligations created by GDPR create a standard that puts data protection at the forefront of our global business activities and it is something that we feel passionate about.
We have implemented a data protection programme with key stakeholders from our offices in the US, Europe and beyond. This programme is designed to consolidate our global approach to good data protection and to identify and mitigate any risk to the personal data, that we are responsible for. This project team is being driven by senior management with assistance from external advisors.
Accountability is at the forefront of this programme with ongoing processes being developed to ensure that we are able to evidence our good data protection.
We have been undertaking a programme of work to assess our readiness for the GDPR. This has involved mapping our data flows globally and understanding where data is shared, stored and accessed.
We are working to increase awareness at all levels within NMI to embed a culture of good data protection across the business.
Cookie Policy
NMI’s Site uses cookies to distinguish you from other users of our Site. This Cookie Policy (“Cookie Policy”) which is incorporated by reference into our Privacy Policy, helps us to provide you with the best experience when you browse our Site and also allows us to improve our Site (as defined in our Privacy Policy).
Privacy Policy
EFFECTIVE DATE: 18 June 2024
Privacy Policy
Network Merchants, LLC and all its subsidiaries and Affiliates (herewith referred to as NMI, we, our or us) are committed to protecting and respecting your privacy.
When collecting the data specified in this Privacy Policy (Policy), we, NMI, are both the Data Controllers and Data Processors.
This Policy has been produced in line with the UK General Data Protection Regulation and the Data Protection Act 2018 (UK Privacy Laws), consumer privacy laws of California, Colorado, Connecticut, Utah, Virginia and any applicable laws depending on your jurisdiction (US Privacy Laws).
This Policy covers all aspects of NMI’s business, including and not limited to:
- the use of our website including any related blogs, domains, mobile applications, mobile sites, online services and applications that we maintain (collectively, the “Website”).
- the Services NMI provides and the linked Affiliates:
TABLE 1:
Affiliate: (of any party means any person or entity that controls, is controlled by, or is under common control with, such party) |
Service: (means the services provided by NMI under a contractual agreement between you and NMI) |
Network Merchants, LLC |
Omni |
Network Merchants, Ltd. |
CardEase (or any gateway offered in the UK) |
GOR Corporation |
USAePay |
Agreement Express Inc. |
Merchant Relationship Management (Agreement Express) |
Anovia Payments, LLC |
NMI Payments |
Integrated Reporting Is Simple, LLC |
Merchant Relationship Management (IRIS CRM) |
This Policy sets out the basis on how we process any personal data we collect from you, or that you provide to us. Please read the following Policy carefully to understand our views and practices regarding your personal data and how we will treat it.
This Website is not intended for children, and NMI does not knowingly collect data relating to children.
It is important that you read this Policy together with any other privacy notice or fair processing notice we may provide on specific occasions, when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.
Depending on the context, “you” will mean either the merchant, partner, end user, or a visitor to this website or our services – whichever is applicable:
- Merchant: as defined within your agreement with NMI
- Partner: as defined within your agreement with NMI
- Other end users: When you directly use an end user service for your personal or business use
- Visitor: When you visit the Website without being logged into a NMI account or otherwise communicating with NMI (e.g. you send NMI a message asking for more information because you are considering being a user of our products).
Third party links
The Website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave the Website, we encourage you to read the privacy notice of every website you visit.
1. Information We May Collect From You
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows
TABLE 2:
Category |
Description of category, including but not limited to: |
Identity Data |
a) first name b) last name c) username or similar identifier d) marital status e) title f) date of birth g) social security number or similar government issued identification number h) gender |
Contact Data |
a) address (billing, shipping, etc.) b) email address c) telephone numbers |
Financial Data |
a) bank account details b) tax ID FEIN or equivalent c) payment card details d) credit check information |
Transaction Data |
a) details about payments to and from you b) other details of products and services you have purchased |
Technical Data |
a) includes Internet Protocol (IP) address b) your login data c) browser type and version d) time zone setting and location e) browser plug-in types and versions f) operating system and platform g) other technology on the devices you use to access the Website. |
Profile Data |
a) your username and password b) purchases or orders made by you c) your interests d) Preferences e) Feedback f) any provided images, and survey responses |
Usage Data |
a) information about how you use the Website b) How you use products c) How you use services |
Marketing and Communications Data |
a) your preferences in receiving marketing notifications from us b) Your preference in receiving marketing information from our third parties c) your overall communication preferences |
We also collect, use, and share aggregated data, such as statistical or demographic data, for any NMI business purposes. Aggregated data may be derived from your personal data but is not considered personal data by law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing specific features of the Website. However, if we combine or connect aggregated data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.
We do not knowingly collect any special categories of Personal Data about you, including details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic or biometric data. Nor do we collect any information about criminal convictions and offenses.
How is your personal data collected?
We may use different methods to collect and process data from and about you, this includes as is not limited to:
- Direct interactions
- Information that you provide us. This includes information provided when filling in forms on our Website, placing an order for Services, applying for a vacancy to work at NMI, and, if applicable, at the time of registering to use the Website, subscribing to our services, posting material, or requesting further services. We may also ask you for information when you report a problem with the Website. “Services” means the goods and services provided by or through the Website and broken down in Table 1 above.
- If you contact us, we may keep a record of that correspondence.
- If you phone us, we may record the phone call and keep a record of the recording.
- We may also ask you to complete surveys that we use for research purposes, although you are not required to respond to them.
- Merchant physical device integrations or online integrated payment systems
- As part of NMI’s Service – we integrate with Merchant physical devices, or integrate with online applications to receive payments. All information provided to enable the payment is thus processed by NMI accordingly.
- Automated technologies or interactions
- As you interact with the Website, we may automatically collect technical data about your equipment, browsing actions, and patterns. We collect this personal data by using cookies, server and network security device logs, and other similar technologies.
- Utilization of the Website, including NMI’s payment gateway service and its other Services, will retain details regarding specific transactions.
- Business partners and Affiliates
- At times, we may receive information on your behalf from an authorized NMI partner or Affiliate who provides goods or services to you.
- Third parties or publicly available sources
- We may receive personal data about you from various third parties [and public sources] as set out below:
- Technical data from the following parties:
- Analytics providers (i.e., Google)
- Managed security service providers
- Identity and contact data from the following parties:
- Sales/marketing insight providers (i.e., Salesforce)
- Marketing/sales/product convention providers
- Publicly available data identified through search engines
- Background checks for potential Partners/ Merchants:
- Credit reference agencies (Experian)
- Verification agencies (LexisNexis, LSEG, Giact)
- Technical data from the following parties:
- We may receive personal data about you from various third parties [and public sources] as set out below:
Do Not Track
We may not recognize all web browser based “Do Not Track” signals. However, you may be able to modify your internet-enabled device’s web browser settings to block all cookies or third-party cookies.
2. Data Security
We have put in place appropriate security measures designed to protect your personal data from being accidentally lost, misused, accessed, altered, or disclosed in an unauthorized way. As a portion of this security, we limit access to your personal data by only those employees, agents, contractors, and other third parties who have a business need to know. They will only process your personal data on our instructions and are subject to a duty of confidentiality.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.
3. Cookies
The Website uses cookies to distinguish you from other users of our Website. This helps us to provide you with a good experience when you browse the Website, facilitate interactions with customer portals, and allows us to improve our site. For more information on the cookies we use and their purpose, please refer to our Cookie Policy.
4. Where We Store Your Personal Data
The data that we collect from you is stored as per below:
TABLE 3:
Affiliate: |
Location |
Network Merchants, LLC |
USA |
Network Merchants, Ltd. |
USA, UK, Netherlands |
GOR Corporation |
USA |
Agreement Express Inc. |
Canada and USA |
Anovia Payments, LLC |
USA |
Integrated Reporting Is Simple, LLC |
USA |
Your data may be transferred to, processed, and stored at a destination outside these destinations, by staff operating outside of these locations who work for us or for one of our partners. Such staff may be engaged in, among other things, in the fulfillment of an agreement, the processing of your payment details, or the provision of support services.
Whenever we transfer your personal data out to a remote staff or partner, we contractually require, or we ensure a similar degree of protection of your personal data be implemented to protect it from unauthorized use or access.
5. Purpose of Processing Personal Information
In general, we use the information we collect primarily to provide, maintain, protect, and improve our current products and services, including the development of new offerings. We use personal information collected through our Sites and Application(s) as described below and described elsewhere in this Policy.
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground, depending on the specific purpose for which we are using your data. Please contact us (dpo@nmi.com) if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the “Lawful Basis” section of the table below:
TABLE 4:
CATEGORY OF PERSONAL INFORMATION (categories are defined in Section 1 above) |
PURPOSE/ACTIVITY |
LAWFUL BASIS/ LEGAL BASES |
(a) Identity (b) Contact |
To facilitate the creation and security of your account |
Performance of a contract with you |
(a) Identity (b) Contact (c) Financial (d) Transaction (e) Marketing & Communications |
To process and deliver your services, including: (a) Manage payments, fees, and charges (b) Collect and recover money owed to us (c) Create required accounts on your behalf |
(a) Performance of a contract with you (b) Necessary for our legitimate interests (to recover debts due to us) |
(a) Identity (b) Contact (c) Profile (d) Transaction (e) Technical (f) Usage (g) Marketing & Communications |
To manage our relationship with you which will include: (a) Notifying you about changes to our terms or our Policy (b) Asking you to leave comments (c) Respond to your comments or questions and for our Support team to provide service (d) Send you related information, including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages |
(a) Performance of a contract with you (b) Necessary to comply with a legal obligation (c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services) |
(a) Identity (b) Contact (c) Marketing & Communications |
To maintain a marketing database and send electronic marketing to you where we consider such marketing relevant to you and where we are satisfied that we have a legitimate interest in doing so |
Necessary for our legitimate interests (to allow us to maintain current contact details and to market our products to individuals who have expressed or are likely to have an interest in those products) |
(a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing & Communications |
To enable you to partake in a survey |
(a) Consent as survey are optional (b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them, and grow our business) |
(a) Identity (b) Contact (c) Technical (d) Transaction |
To administer and protect our business, services, and this Website, including: (a) Troubleshooting (b) Data Analysis (c) Testing (d) System Maintenance (e) Support (f) Reporting (g) Hosting of Data (h) Identification of you as a user on our system(s) |
(a) Necessary for our legitimate interests (for running our business, execution of administration and IT services, network security, to prevent fraud, unauthorized, or illegal activity, and in the context of a business reorganization or group restructuring exercise) (b) Necessary to comply with a legal obligation (c) Performance of a contract with you |
(a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing & Communications (f) Technical |
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you |
Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy) |
(a) Technical (b) Usage |
To use data analytics to improve the Website, products/services, marketing, customer relationships, and experiences |
Necessary for our legitimate interests (to keep the Website updated and relevant, to develop our business, and to inform our marketing strategy) |
(a) Identity (b) Contact (c) Technical (d) Usage (e) Profile (f) Marketing and Communications |
To make suggestions and recommendations to you about goods or services that may be of interest to you |
(a) Consent (b) Necessary for our legitimate interests (to develop our products/services and grow our business) |
When we process data based on your consent, you have the right to withdraw your consent at any time without affecting the lawfulness of processing based on such consent before the consent is withdrawn.
Marketing usage
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
We may use your personal data to assist in improving, developing and marketing NMI’s services and products. We may also use your personal data to assist in developing new products and services. We may use your personal data to assist in improving and developing our IT platform, network, product and service security, support capabilities, and the organization as a whole. We will contract with and provide third-party sources’ Identity, Contact, Usage, Profile, and Marketing and Communications data types.
In a business-to-business market, this profile helps us improve our marketing and sales efforts to be more relevant to you and to create a more personalized, improved experience.
Personal information in relation to marketing will not be shared with any third parties.
User feedback
We often request and receive feedback and comments from you who have had positive experiences with our services and may post user feedback on our website from time to time. If we choose to post your feedback, we will obtain your consent prior to posting your information (corporate or personal) with your feedback.
Data Retention
There are certain reasons why we keep some of your data. How long we keep your personal data depends upon the type of data we hold and the purpose(s) for which it was collected and processed. We may hold some of your data with third parties, but where we do, we ensure these third parties also only keep the data only for as long as necessary and adhere to our retention policies.
We will store your personal data for no longer than necessary to support the purposes explained above. We keep the personal data we hold about you for up to a maximum of 6 years from the date of collection unless related correspondence or legal claims are on-going.
International data transfers
We may transfer your Personal Information to countries other than your own country, including to the United States. These countries may have data protection rules that are different from your country. When transferring data across borders, we take measures to comply with applicable data protection laws related to such transfer. In certain situations, we may be required to disclose Personal Information in response to lawful requests from officials (such as law enforcement or security authorities, as discussed above).
Where applicable law requires a data transfer mechanism, we use one or more of the following:
- Transfers to certain countries or recipients that are recognised as having an adequate level of protection for Personal Data under applicable law.
- EU Standard Contractual Clauses approved by the European Commission and the UK International Data Transfer Addendum issued by the Information Commissioner’s Office. You can obtain a copy of the relevant Standard Contractual Clauses.
- or other legal methods available to us under applicable law.
NMI complies with the EU-U.S. Data Privacy Framework (“EU-U.S. DPF”), and the UK Extension to the EU-U.S. DPF. Data Privacy Framework as set forth by the U.S. Department of Commerce (as applicable).
6. Disclosure of Your Personal Information (who we share your data with)
As a course of business and for reasons stated in this Policy, we may disclose your personal information to any member of our group, which means our subsidiaries, business partners, service providers, sub-processors, shareholders, investors, and Affiliates. As a necessity, we may disclose your personal information to third parties:
- In the event we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
- If NMI or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
- If we are under a duty to disclose or share your personal data in order to comply with any legal obligation or other agreements; or to protect the rights, property, or safety of NMI, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
- Where necessary for the purposes of preventing or detecting crime, we may share your personal data about you to the following third parties, including and not limited to:
- Court
- Police
- Federal agents
- Excluding Google & Microsoft data, NMI may use aggregated and/or anonymized data to compile statistics and may distribute those anonymized statistics to third parties. NMI may also use data to offer you additional features within the services or services of third parties that NMI believes are compatible with your interests.
Third parties that we may disclose data to both inside and outside the United States and the EU include:
- Acquiring Banks
- Payment Processors
- Fraud Detection Providers
- Additional Authentication Providers (i.e., Visa 3DSecure, MasterCard Securecode Providers, etc…)
- Project Management and Productivity Providers
- Sales, Marketing, and Marketing Analytics
We use the services of data processes acting on our behalf, some may store your personal information outside the European Economic Area, where we have appropriate safeguards in p;ace that are required by data protection laws.
7. YOUR LEGAL RIGHTS
Your Privacy Rights Related to Marketing
Your privacy rights include, but are not limited to, having the right to request NMI to not process your personal data for marketing purposes. We will usually inform you (prior to collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise this right at any time by contacting us at support@nmi.com.
Our Website may, from time to time, contain links to and from the websites of our partner networks, advertisers, and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
Your Data Protection Rights
Depending on your location, and subject to applicable law, you may have the following rights with regards to the Personal Information we process about you
- Right to be Informed: You have the right to be provided with clear and concise information about what we do with your personal data.
- Right to Access: Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
- Right to Request Correction of Your Personal Information: Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
- Right to Request Deletion of Your Personal Information: Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
- Right to Opt-out of Processing: Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
- Right to Impose Restrictions on the Processing of Your Personal Data: Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
- If you want us to establish the data’s accuracy;
- Where our use of the data is unlawful, but you do not want us to erase it;
- Where you need us to hold the data even if we no longer require it as you need it to establish, exercise, or defend legal claims; or
- You have objected to our use of your data, but we need to verify whether we have overriding legitimate grounds to use it.
- Right to Data Portability: Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
- Withdrawal of Consent: Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
- Right to Opt-out of Sharing for Cross-Context Behavioral Advertising: You may request to opt out of the sharing of your personal data for purposes of cross-context behavioral advertising.
- Right to Appeal: You have the right to appeal our denial of your request(s).
- Right to Export your Personal Data that we hold to another company, where technically feasible.
- The right not to be discriminated against for exercising these rights.
You may have additional rights regarding your Personal Data under applicable law. For example, see Section 8 below.
If you wish to exercise any of the rights set out above, please contact us as outlined in section “10. Contact”.
Cross-Border Data Transfer
Personal data voluntarily submitted to us online, via electronic communication, or otherwise, may be maintained or accessed in servers or files in the United States, which the European Union and UK have not deemed to provide “adequate” privacy protection. If you do not consent to having your personal data processed and stored in the United States, please do not provide it to us on the Website or through any other means.
How do the SCCs and UK Addendum impact my organization?
SCCs are legal contracts entered into between parties that are transferring EEA Personal Data outside of the EEA. NMI may rely on the SCCs for transfers of EEA data in our services. We have updated our Data Processing Addendum and agreements to incorporate the SCCs (where applicable).
How to get a copy of the SCCs or UK Addendum?
You can review our Data Processing Addendum which includes the latest data transfer mechanisms, including the SCCs and the UK addendum.
We may request specific information from you to help us confirm your identity and process your request. Applicable law may require or permit us to decline your request. If we decline your request, we will tell you why, subject to legal restrictions.
If you are concerned about our processing of your data or if you have a privacy related query not answered by this Policy, please contact our Privacy Team using the contact details below. You also have the right to lodge a complaint with the Information Commissioner’s Office (ICO). For further information, please refer to the ICO website, www.ico.org.uk.
Specific rights related to Jurisdiction
- Australia: If you are an Australian resident, and you are dissatisfied with our handling of any complaint you raise under this Policy, you may wish to contact the Office of the Australian Information Commissioner.
- South Africa: As used in this Policy, “applicable law” includes the Protection of Personal Information Act (POPIA).
- Canada: As used in this Policy, “applicable law” includes the Federal Personal Information Protection and Electronic Documents Act (PIPEDA) and “Personal Data” includes “personal information” as defined under PIPEDA.
- EEA and UK: To exercise your rights, you may contact our DPO. If you are a resident of the EEA and you believe our processing of your information is not in line with the General Data Protection Regulation (GDPR), you may direct your questions or complaints to the Irish Data Protection Commission. If you are a resident of the UK, you may direct your questions or concerns to the UK Information Commissioner’s Office.
EU: European Data Protection Board members page.
- United States – California: If you are a consumer located in California, we process your personal information in accordance with California law (e.g. the “CCPA”). NMI uses cookies, including advertising cookies, as described in our Cookie Policy.
- Your Rights and Choices. As a California consumer and subject to certain limitations under the CCPA, you have choices regarding our use and disclosure of your personal information (learn more about data subject rights metrics). In addition to the above rights (see here), please note these other California-specific rights:
- Exercising the right to know: You have a right to request additional information about the categories of personal information collected, sold, disclosed, or shared; purposes for which this personal information was collected, sold, or shared; categories of sources of personal information; and categories of third parties with whom we disclosed or shared this personal information.
- Exercising the right to opt-out from a sale: We do not sell “Personal Information” as defined by the CCPA and have not done so in the past 12 months. Learn more.
- Exercising the right to limit the use or sharing of Sensitive Personal Information: we do not sell or share Sensitive Personal Information as defined by the CCPA and have not done so in the past 12 months. Learn more about our collection and use of Sensitive Personal Information here.
- Right to opt-out of sharing of cross-context behavioral advertising. Learn more here and here.
- Your Rights and Choices. As a California consumer and subject to certain limitations under the CCPA, you have choices regarding our use and disclosure of your personal information (learn more about data subject rights metrics). In addition to the above rights (see here), please note these other California-specific rights:
- What sensitive personal information under the California Consumer Privacy Act (CCPA) NMI does collect and for what purposes does NMI use that data?
NMI only processes sensitive personal information for the purposes specified in section 7027(m) of the California Consumer Privacy Act Regulations, or without the purpose of inferring characteristics about a consumer.
TABLE 5:
Sensitive Personal Information Categories |
Purpose |
Identification documents, including driver’s license, passport, and social security (including any underlying sensitive information in the identity card, such as racial or ethnic origin) |
Identity verification, fraud prevention and security, to provide our services, and to comply with legal obligations. |
Biometric information |
Identity verification, fraud prevention and security, and for other purposes consistent with your consent and applicable law, such as to improve our verification systems. |
Location Data |
Fraud detection and security, to comply with law, and to provide our services |
Account log-in, financial account in combination with any required security access code, password, or credentials allowing access to an account |
To provide our services, comply with law, enforce our terms of services, and for other purposes consistent with your consent and applicable law. |
- Does NMI”sell” or “share” my personal information under the CCPA?
We do not transfer your personal data to third parties in exchange for payment. However, as noted above, we may provide your personal data to third party partners.
If you wish to exercise any of the rights set out above, please contact us as outlined in Section “10. Contact”. We will verify your request by asking you to send it from the email address associated with your account or requiring you to provide information necessary to verify your identity, including name, address, transaction history, photo identification, and other information associated with your account.
You may designate, in writing or through a power of attorney, an authorized agent to make requests on your behalf to exercise your rights under the CCPA. Your agent may submit a request on your behalf by contacting us using the methods described in the Contact section below. We may still require you to directly verify your identity and confirm that you provided the authorized agent permission to submit the request.
No fee typically required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, excessive, or not provided for within your legal rights. Alternatively, we may refuse to comply with your request in these circumstances.
What we may need from you
When exercising your rights or when exercising rights on behalf of someone-else related to personal data, we may need to request specific information from you to help us confirm your identity and validate your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond
We try to respond to all legitimate requests within 30 days. Occasionally it may take us longer than a month if your request is particularly complex or you have made several requests. In this case, we will notify you and keep you updated on the progress of your request(s).
9. Changes to Our Policy and Your Duty to Inform Us of Changes
Any changes we may make to our Policy in the future will be posted on this page and, where appropriate, by notification email sent to you.
It is important that the personal data we hold about you is accurate and current for the appropriate delivery of goods and services from NMI. Please keep us informed if your personal data changes during your relationship with us.
10. Contact
General communications
Questions, comments, and requests regarding this Policy are welcomed and should be addressed to:
Network Merchants, LLC
Email: support@nmi.com
Data protection office
NMI has a Data Protection Office (DPO) responsible for matters relating to privacy and data protection. Please use this contact for any requests to exercise your rights under this Policy. Our DPO can be reached at the following contact information:
Network Merchants, LLC
Email: dpo@nmi.com
We have appointed IT Governance Europe Limited to act as our EU Representative. They can be reached out to at eurep@itgovernance.eu or post your request or query to: EU Representative, IT Governance Europe, The Mill Enterprise Hub, Stagreenan, Drogheda, Co. Louth, A92 CD3D, Ireland.
When contacting our Representative please ensure you include our company name in any correspondence.
Escalation
All residents of the United States and any other country, province, state, municipality, or other location with specific privacy regulations have the right to make a complaint at any time to their local/federal supervisory authority for data protection issues.
If you are a European Union or United Kingdom resident, you may make a complaint regarding the use of your personal information to your local data protection regulator. You can find your data protection regulator here:
We would, however, appreciate the chance to address your concerns before you approach these authorities, so please contact us in the first instance.
*Please note that in the event of any inconsistencies regarding how we process your data, the following order of precedence will apply:
1. Any signed Data Processing Agreement (DPA) between the parties.
2. Any signed data transfer agreement between the parties.
3. This Privacy Policy.
4. Any other declarations of how we process your information.
This hierarchy ensures that your data is managed according to the most current and binding agreements in place.
Sub-Processors
Last updated: 23 January 2023
To support NMI and its affiliates (NMI) in delivering its services, NMI engages Sub-Processors to assist NMI with its data processing activities on behalf of NMI.
What is a Sub-processor?
When NMI engages third party service providers in our capacity as a data processor for our customers personal data, the General Data Protection Regulation (“GDPR”) and a number of other global privacy frameworks call these third-party service providers Sub-Processors. Sub-processors are service providers who have or potentially will have access to or process personal data that NMI processes for, and on behalf of, NMI.
This page outlines which Sub-Processors we utilize, the type of data we send them, the purpose as to why we send them this data, and the residency of the entity.
Updates to this list
Due to the nature of our global business, our business needs and services providers may change from time to time.
We will periodically update this page to reflect additions and removals to our list of Sub-Processors and Affiliates.
Under the terms of our Data Processing Addendum (DPA), if you are a contracting party, you may reasonably object in writing to the processing of your personal data by a new Sub-Processor within 14 days following the update of this page.
If you do not object during the 14 day time period, the appointment of the new Sub-Processor shall be deemed accepted.
For more information on NMI’s privacy practices, please visit our Privacy Policy. If you have any questions regarding this page, please contact us.
List of Sub-processors
CardEase |
|||
Sub Processor |
Data Type |
Purpose |
Entity Residency |
AIB |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
EU |
American Express |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
EU |
Barclaycard |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
EU |
Chase Paymentech |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
USA |
Credorax/Finaro/Shift4 – ePower |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
EU |
Elavon |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
EU/ USA |
F5 Silverline |
End User Data Included in User Interactions, API Calls, and Queries |
L7 WAF Cloud Service Provider |
USA |
First Data/Fiserv |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
CAN / EU/ AUS/ USA |
Globalpayments |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
EU/ USA |
Heartland |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
USA |
Lloyds |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
EU |
Logz.io |
Business User and End User Data emitted in application and security event logs |
Centralized logging and SIEM provider |
USA |
Moneris |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
USA |
Network Merchants LLC (NMI) |
End User Data Required to Complete Transactions |
Sister entity providing transaction processing services in the USA |
USA |
Sinch |
End user data required for transaction receipt delivery over SMS |
Communications PaaS provider for SMS |
EU |
TNS |
End User Data Required to Complete UK Financial Transactions |
Financial networks connectivity provider |
EU |
TSYS |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
USA |
Worldpay |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
USA/ EU |
Worldpay/ Vantiv |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
USA |
Omni |
|||
Sub Processor |
Data Type |
Purpose |
Entity Residency |
ACH Direct |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
USA |
Alternative Payments International |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
USA |
BlueSnap |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
USA |
BluSky |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
USA |
Borgun |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
Iceland |
Braintree |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
USA |
Braspag |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
Brazil |
BrasPag V2 |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
Brazil |
Caledon |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
CAN |
Cardinal Commerce |
End User Data Required to Complete 3DS Authentication |
Financial Acquirer Solution provider |
USA |
CardWorks |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
USA |
Cashflows |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
USA |
Chase Paymentech Salem |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
USA |
CheckGateway |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
USA |
Checkout.com Unified Payments |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
USA |
Checks2Green |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
USA |
CollectPay |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
USA |
CollectPay Credit Card |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
USA |
CollectPay Plus |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
USA |
CreditGuard |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
USA |
Credomatic Web Service |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
Costa Rica & USA |
CredoRax |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
Israel |
CredoRax v2 |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
Israel |
EFTBOP, LLC |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
USA |
Elavon |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
USA |
Electronic Check Multi-Location |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
USA |
eMerchantPay |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
USA |
EPX |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
USA |
Evertec |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
USA |
EVO |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
USA |
F5 Silverline |
End User Data Included in User Interactions, API Calls, and Queries |
L7 WAF Cloud Service Provider |
USA |
FACe – ProPay |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
USA |
First Data Canada |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
USA |
First National Bank of Omaha ACH |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
USA |
Giact |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
USA |
Global Payments Canada |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
CAN/ USA |
Heartland Payment Systems |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
USA |
IntegraPay ACH |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
AUS |
iStream ACH |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
USA |
KBank |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
Thailand |
Logz.io |
Business User and End User Data emitted in application and security event logs |
Centralized logging and SIEM provider |
USA |
Maverick Payments LTD |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
UK |
MeS Payment Gateway |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
USA |
NCR Payment Solutions/ JetPay |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
USA |
Network Merchants LLC (NMI) |
End User Data Required to Complete Transactions |
Sister entity providing transaction processing services in the USA |
USA |
NPC Electronic Check |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
USA |
Nuvei |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
CAN |
Nuvei Digital Payments |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
CAN |
Optimal Payments |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
UK |
Optimal Payments Canada Check |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
UK |
Optimal Payments Check |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
UK |
PASPX |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
USA |
Paya (formerly GETI) |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
USA |
Payliance |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
USA |
Payment World |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
USA |
Paymentech Salem Check |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
USA |
Paysafe |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
USA |
Paysafe Processing PxP |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
UK |
Plug n Pay |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
USA |
PowerCARD |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
Barbados |
Priority MX Merchant |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
USA |
ProfitStars ACH |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
USA |
Profituity ACH |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
USA |
ProPay |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
USA |
ProPay ACH |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
USA |
RS2 Software |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
Malta |
Santander |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
El Salvador |
Secure Payment Systems ACH |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
USA |
Smart Payments |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
USA |
TNS |
End User Data Required to Complete UK Financial Transactions |
Financial networks connectivity provider |
EU |
Transact Europe (aka Ryvyl) |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
Bulgaria |
Transact Pro |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
Latvia |
TSYS |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
USA |
Turnkey Payments (TPE) |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
USA |
Turnkey Payments (TPE) ACH |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
USA |
Twilio |
Business User and End User Data |
Communications PaaS provider for voice and SMS |
USA |
USAG ACH |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
USA |
Vantiv Now Worldpay Core |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
USA |
Vericheck ACH |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
USA |
Voicepay |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
USA |
USAePay |
|||
Sub Processor |
Data Type |
Purpose |
Entity Residency |
Chase Paymentech – Tampa – UTF 1.97 |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
USA |
Elavon – Encompass 4.028 |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
USA |
EPX – PostAPI |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
USA |
F5 Silverline |
End User Data Included in User Interactions, API Calls, and Queries |
L7 WAF Cloud Service Provider |
USA |
FD |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
USA |
Global – East Version 2014.002 |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
USA |
Heartland |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
USA |
Logz.io |
Business User and End User Data emitted in application and security event logs |
Centralized logging and SIEM provider |
USA |
MeS |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
USA |
Planet Payment |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
USA |
RapidConnect |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
USA |
TSYS |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
USA |
Twilio |
Business User and End User Data |
Communications PaaS provider for voice and SMS |
USA |
Vantiv |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
USA |
WorldPay |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
USA |
WorldPay RBS |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider |
USA |
Bluefin |
End User Data Required to Complete Transactions |
P2PE Decryption Solution provider |
USA |
Virtucrypt (FutureX) |
End User Data Required to Complete Transactions |
P2PE Decryption Solution provider |
USA |
Actum Processing |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider (ACH) |
USA |
CheckGateway |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider (ACH) |
USA |
EFT BOP |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider (ACH) |
USA |
Paya |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider (ACH) |
USA |
Payliance |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider (ACH) |
USA |
ReliaFund |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider (ACH) |
USA |
RP Solutions |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider (ACH) |
USA |
Vericheck |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider (ACH) |
USA |
Vericheck Veer |
End User Data Required to Complete Transactions |
Financial Acquirer Solution provider (ACH) |
USA |
Merchant Relationship Management (Agreements Express) |
|||
Sub Processor |
Data Type |
Purpose |
Entity Residency |
AlertLogic |
System information and architecture, server vulnerabilities, system logs, server filesystem contents |
Intrustion detection and managed detection response, file integrity monitoring |
UK |
AWS |
All customer data |
Infrastructure hosting provider |
USA + CAN |
CloudFlare |
End User Data Included in User Interacitons, API Calls, and Queries |
L7 WAF Cloud Service Provider |
USA |
ComplyAdvantage |
Business: Name Owner: Name |
Watchlist/sanctions monitoring. |
USA |
Datadog |
System information, system logs, database metadata |
System monitoring and observability |
USA |
Equifax |
Owner/ControlPerson: Name, TIN, Address, Phone |
ScanX Credit (Individual) – Depracted |
USA |
Esendex |
User’s Phone Number |
2FA phone authentication |
USA |
EverC |
Business: Name, Website, Address, Email, Phone |
Merchant webcrawl risk detection and post-approval website monitoring |
USA |
Experian |
Owner/ControlPerson: Name, TIN, Address, Phone |
ScanX Credit (Individual) |
USA |
Experian Business |
Business: Name, TIN, Address, Phone Owner/ControlPerson: Name, TIN, Address, Phone |
ScanX Credit (Business) |
USA |
G2 Web Services |
Business: Name, Website, Address, Email, Phone. Owner: Name, Address, Email, Phone |
Merchant website monitoring |
USA |
Giact (LSEG) |
Business: Name, TIN, Address, Phone. Owner/ControlPerson: Name, TIN, Address, Phone, Email, IP Address. Banking: Name on Account, Routing #, Account # |
ScanX Identity & Banking Data – utilized by majority |
USA |
IRIS CRM |
Business and Owner PII Data, Underwriting Results |
Share Merchant & Underwriting data between systems. |
USA |
KYC Sitescan |
Business: Name, Address, Phone, Website. Owner/ControlPerson: Name, Address, Phone |
ScanX webcrawl |
USA |
LexisNexis |
Business: Name, TIN, Address, Phone. Owner/ControlPerson: Name, TIN, Address, Phone. |
ScanX Identity Data |
USA |
Mastercard |
Business: Name, Tax ID, Address, Phone. Owner/ControlPerson: Name, Tax ID, Address, Phone |
ScanX MATCH Integration |
USA |
Microbilt |
Banking: Name on Account, Routing #, Account # |
ScanX Banking Risk |
USA |
Mixpanel |
User Browser Information, Customer Name, City, System role, AEX System Info (eg user ID, system IDs), MCC Code, ScanX Score, decision reason. |
Product Insights / Usage Analytics |
USA |
Paya ACH Boarding API |
Business and Owner PII Data |
Boards merchants to Paya for ACH Processing |
USA |
Rollbar |
API Error Message, Scorecard Id |
Provides real-time error tracking for ScanX API errors returned by providers. |
USA |
Salesforce |
Business and Owner/ControlPerson PII Data |
Customers can have AEX send data to their respective Salesforce environments (eg. Create/Update Accounts and Contacts) |
USA |
Segment |
User Browser Information, Customer Name, City, System role, AEX System Info (eg user ID, system IDs), MCC Code, ScanX Score, decision reason. |
Usage analytics database |
USA |
Business: Name, Tax ID. Owner/ControlPerson: Name/TaxID |
Tax ID Verifciation |
USA |
|
TransUnion Canada |
Owner/ControlPerson: Name, TIN, Address, Phone |
ScanX Credit Canada (Individual) |
CAN |
TransUnion USA |
Owner/ControlPerson: Name, TIN, Address, Phone |
ScanX Credit (Individual) |
USA |
Userpilot |
User Id, Name, Email |
In-App usage analytics events reporting |
USA |
NMI Payments |
|||
Sub Processor |
Data Type |
Purpose |
Entity Residency |
Aperia |
PAN, PAN Expiration date, DBA, DBA email address, Owner’s name, MID, DDA, DBA |
Risk Monitoring; ACH Returns; chargeback retrieval |
USA |
Merrick |
PII (name, DOB, SSN, Address), DDA, ABA, PCR,DBA information |
Sponsor Bank |
USA |
Caine & Weiner |
PII (name, DOB, SSN, Address), DDA, ABA, DBA information |
Collections |
CAN |
GIACT |
Name, address, DOB, SSN |
Bank account validation |
USA |
Experian |
Name, address, DOB, SSN, email address, TIN – legal and DBA information on the business, and bank ABA/DDA . |
Identity verification and credit check |
IRE |
Chase |
Merchant |
First Party Processor |
USA |
Elavon |
Merchant |
First Party Processor |
USA |
EPX |
Merchant |
First Party Processor |
USA |
Fiserv |
Merchant |
First Party Processor/ACH Operator |
USA |
Global Payments |
Merchant |
First Party Processor |
USA |
TSYS |
Merchant |
First Party Processor |
USA |
Bank of America |
Merchant |
ACH Operator |
USA |
Truist |
Merchant |
ACH Operator |
USA |
Jack Henry |
Merchant |
ACH Operator |
USA |
Salesforce |
PII – Name, email, phone number, business address |
CRM |
USA |
IRIS CRM |
|||
Sub Processor |
Data Type |
Purpose |
Entity Residency |
Twilio |
Business User and End User Data |
Communications PaaS provider for voice and SMS |
USA |
Fiserv |
Merchant |
Merchant account boarding |
USA |
FIS Worldpay (Vantiv) |
Merchant |
Merchant account boarding |
USA |
Priority Payment Systems |
Merchant |
Merchant account boarding |
USA |
TSYS |
Merchant |
Merchant account boarding |
USA |
Paysafe |
Merchant |
Merchant account boarding |
USA |
Clearent |
Merchant |
Merchant account boarding |
USA |
Elavon |
Merchant |
Merchant account boarding |
USA |
Fundomate |
Merchant |
Merchant funding requests |
USA |
Conformance |
Merchant |
Merchant underwriting |
USA |
Agreement Express |
Merchant |
Merchant underwriting |
USA |
Paya |
ACH account holder |
ACH transactions |
USA |
NMI |
Merchant, cardholder |
Gateway boarding, card transactions |
USA |
USAePay |
Merchant |
Gateway boarding |
USA |
Authorize.Net |
Merchant, cardholder |
Gateway boarding, card transactions |
USA |
Paytrace |
Merchant, cardholder |
Card transactions |
USA |
Zapier |
Lead |
Automation with 3rd party systems |
USA |
Encytro |
Merchant |
PCI boarding and reporting |
USA |
ControlScan/Sysnet/VikingCloud |
Merchant |
PCI boarding and reporting |
USA |
Lob |
Merchant |
Merchant owner birthday postcards |
USA |
Esquire Bank |
Merchant |
Merchant account boarding |
USA |
Westamerica Bank |
Merchant |
Merchant account boarding |
USA |
Ambition |
User |
User performance tracking |
USA |
Bugsnag |
No PII, errors |
Error monitoring service |
USA |
Extensions
Name |
Data Type |
Purpose |
Entity Residency |
Product |
Authvia |
Phone number |
Text 2 pay |
USA |
Authvia |
G+D |
Card Holder information |
Network Tokenization |
USA |
Network Tokens |
Kount |
Personal Identifying information |
Fraud Scrubbing |
USA |
Kount Fraud scrubbing |
Biller Genie |
Merchant information |
Sign merchant up for Biller genie |
USA |
Biller Genie |
Litle / TSYS |
Card holder information |
Automatic Updater |
USA |
Account Updater |
Worldpay |
Card holder information |
Automatic Card Updater |
USA |
Automatic Card Updater |