Privacy Policy

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 data you may provide when you contact us through 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.

Controller

NMI will act as Controller for the information collected as outlined in section “5. Usage of Personal Data” and is responsible for your personal data.

Network Merchants, LLC is located at 1450 American Ln Suite 1200, Schaumburg, Illinois, USA 60173.

Third party links

This 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 our 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 this 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 our 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 website feature. 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 offences.

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 by filling in forms on our Website. This includes information provided when placing an order for Products and, if applicable, at the time of registering to use our Website, subscribing to our services, posting material, or requesting further services. We may also ask you for information when you report a problem with our 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 our 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 NMIs Payment Gateway service 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

2. Data Security

We have put in place appropriate security measures to prevent 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

Our 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 our website, facilitate interactions with customer portals, and allows us to improve our site.

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 fulfilment of an agreement, the processing of your payment details and the provision of support services.

Whenever we transfer your personal data out to a remote staff or partner, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

• We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data called for by US Federal and State laws, and by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.
• For EU Resident data, where we use certain service providers we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.

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 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 table below.

Marketing usage

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.

To assist in improving the company’s products, services, 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.

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

You have the right to request NMI does 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

Under certain circumstances, you have rights under data protection laws in relation to your personal data.

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.

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

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

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 e-mail sent to you.

The data protection laws for residents of the European Union will change on May 25, 2018. We take the security of your information seriously and although this privacy policy sets out most of your rights under the new laws, we may not yet be able to respond to some of your requests (for example, a request for the transfer of your personal data) until after May 25, 2018, as we are still working towards getting our systems ready for some of these changes.

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. We would, however, appreciate the chance to address your concerns before you approach these authorities, so please contact us in the first instance.