Privacy Policy

^{EFFECTIVE DATE: OCTOBER 2, 2023

PRIOR POLICY: IN EFFECT THROUGH OCTOBER 1, 2023}

Network Merchants, LLC (NMI) is committed to protecting and respecting your privacy.

This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following policy carefully to understand our views and practices regarding your personal data and how we will treat it.

This policy aims to give you information on how we collect and process your personal data through your use of this website, including any related blogs, domains, mobile applications, mobile sites, online services and applications that we maintain (collectively, the “Website”).

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.

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:

Identity Data – includes first name, last name, username or similar identifier, marital status, title, date of birth, social security number or similar government issued identification, and gender.
Contact Data – includes postal address, email address, and telephone numbers.
Financial Data – includes bank account, Tax ID FEIN, and payment card details.
Transaction Data – includes details about payments to and from you and other details of products and services you have purchased from us.
Technical Data – includes Internet Protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access the Website.
Profile Data – includes your username and password, purchases or orders made by you, your interests, preferences, feedback, any provided images, and survey responses.
Usage Data – includes information about how you use the Website, products, and services.
Marketing and Communications Data – includes your preferences in receiving marketing notifications from us and our third parties and 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 a 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:

Direct Interactions
- Information that you provide you provide us. This includes information provided when filling in forms on our Website, placing an order for Services 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.
- If you contact us, we may keep a record of that correspondence.
- We may also ask you to complete surveys that we use for research purposes, although you are not required to respond to them.
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 NMIs 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

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.

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 here.

4. Where We Store Your Personal Data

The data that we collect from you is primarily stored and processed in the continental United States. Your data may be transferred to, processed, and stored at a destination outside the US, by staff operating outside the US who work for us or for one of our partners. Such staff maybe engaged in, among other things, 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.

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 the Website; 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.

5. Usage of 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 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 “Legal Bases for Processing Table” below.

PURPOSE/ACTIVITY	PURPOSE/ACTIVITY	PURPOSE/ACTIVITY
To facilitate the creation and security of your account	(a) Identity (b) Contact	Performance of a contract with you
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) Identity (b) Contact (c) Financial (d) Transaction (e) Marketing & Communications	(a) Performance of a contract with you (b) Necessary for our legitimate interests (to recover debts due to us)
To manage our relationship with you which will include: (a) Notifying you about changes to our terms or privacy 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) Identity (b) Contact (c) Profile (d) Transaction (e) Technical (f) Usage (g) Marketing & Communications	(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)
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	(a) Identity (b) Contact (c) Marketing & Communications	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)
To enable you to partake in a survey	(a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing & Communications	Necessary for our legitimate interests (to study how customers use our products/services, to develop them, and grow our business)
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) Identity (b) Contact (c) Technical (d) Transaction	(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
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you	(a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing & Communications (f) Technical	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)
To use data analytics to improve the Website, products/services, marketing, customer relationships, and experiences	(a) Technical (b) Usage	Necessary for our legitimate interests (to keep the Website updated and relevant, to develop our business, and to inform our marketing strategy)
To make suggestions and recommendations to you about goods or services that may be of interest to you	(a) Identity (b) Contact (c) Technical (d) Usage (e) Profile (f) Marketing and Communications	Necessary for our legitimate interests (to develop our products/services and grow our business)

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 the company’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.

User feedback

We often receive feedback and comments from users 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

We retain personal data only for so long as it is needed to fulfill the purpose for which it was collected as described in this policy, including to meet business needs and comply with legal requirements, professional standards or an individual’s request.

6. Disclosure of Your Information

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, 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 Network Merchants, LLC 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 Network Merchants, LLC, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

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

7. Your Privacy Rights Related to Marketing

Your privacy rights include, but are not limited to, having the right to request NMI 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.

8. Your Legal Rights (USA)

In some states in the United States, privacy laws have been adopted that require specific disclosures and afford certain rights. Under these circumstances, you may have all or some of the following rights under data protection laws in relation to your personal data.

Right to Access and Know: 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).

If you wish to exercise any of the rights set out above, please contact us as outlined in section “10. Contact”.

Your Legal Rights (EU and UK)

This section is for users in the European Union and the United Kingdom (“EEA”) and supplements the information contained in other sections of this policy and applies solely to all visitors, users and others who are located in the EEA. Any inconsistent terms in any other sections of this policy will be superseded by this Section for EEA residents.

Personal Data. References to personal information, personal data or Personally Identifiable Information in this policy are equivalent to “personal data” governed by the General Data Protection Regulation (EU/UK) (collectively and generically, the “GDPR”).
Controller. We are the controller of your personal data covered by this policy for purposes of the GDPR. Our contact information is provided below in section “10. Contact”.
Legal Bases for Processing. We use your personal data only as permitted by law. Our legal bases for processing personal information described in the Legal Bases for Processing Table and as follows:
- To provide Services to you.
- For research and development.
- To send you marketing communications.
- For compliance, fraud prevention and safety.
- To create anonymous data.
- To comply with applicable law.
- Processing of personal data with your consent.
Your rights. The GDPR gives you certain rights regarding your personal data. If you are located within the EEA, you may ask us to take the following actions in relation to your personal data that we hold:
- Access. Provide you with information about our processing of your personal data and give you access to your personal data.
- Correct. Update or correct inaccuracies in your personal data.
- Delete. Delete your personal data.
- Transfer. Transfer a machine-readable copy of your personal data to you or a third-party of your choice.
- Restrict. Restrict the processing of your personal data.
- Object. Object to our reliance on our legitimate interests as the basis of our processing of your personal data that impacts your rights.
You may submit these requests by contacting us as provided below in section “10. Contact”.

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.
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.

Your Legal Rights (Other Countries Outside of the USA, EU and UK)

If you are a resident in a country outside of the USA, EU or UK, to the extent that said country has jurisdiction over Network Merchants, LLC and to the extent that the above listed privacy rights are applicable in your country, we will extend those rights to you, along with any other data privacy rights you may be entitled to as it relates to your usage of the Website.

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 one month. 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 Privacy Policy and Your Duty to Inform Us of Changes

Any changes we may make to our privacy 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 privacy policy are welcomed and should be addressed to:

Network Merchants, LLC
1450 American Ln Suite 1200
Schaumburg, Illinois, USA 60173
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
Attn: Data Protection Office
1450 American Ln Suite 1200
Schaumburg, Illinois, USA 60173
Email: dpo@nmi.com

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.