Privacy Policy

Keeping information private and secure is critically important to SmartPay Merchant Services (“SmartPay”, “we”, “us” or “our”). This privacy policy (this “Policy”) describes the information we collect on SmartPayNM.com (the “Site”) and in our Gateway Services, how information is collected and used, and with whom information is shared. We reserve the right to change this Policy, in whole or in part, at any time, by posting a new Policy in its place. Therefore, you are responsible for checking this Policy periodically for changes. Your continued use of the Site following any changes to this Policy will constitute your acceptance of such changes. If you disagree with how we may use your information under this Policy, you should not use the Site.

Collection of Information

The type of information collected by SmartPay is dependent on the nature of the activity and relationship with you.

Browser Information

We collect browser information and other non-user specific information to support the operation of the system and provide us with broad user patterns and data.

Forms and Inquiries

There are various forms on the Site such as an information request, agent application and merchant account applications. When you complete and submit a form or contact us via email, fax or phone (each an “Inquiry”), we may collect and store the information obtained from the Inquiry and its contents, including any personally identifiable information (such as your real name, address, phone number, or e-mail address) you may have provided. Any personally identifiable information you submit via an Inquiry is collected only with your knowledge and active participation. We also collect the information required to process product orders on the Site. This information is secured internally and only name, address and telephone number is provided to the delivery services we use.

Gateway Services

When you register to use SmartPay’s online processing services, or ‘Gateway Services’, you will be required to provide personally identifiable information and enter into a written agreement with SmartPay. If you order any products or services from businesses, or ‘Customers’ that use our Gateway Services, you may be required to submit personally identifiable information for the purpose of processing orders.

Merchant Account Applications

When you submit an application to obtain a SmartPay merchant account, you will be required to provide personally identifiable information. SmartPay may also obtain information about you from third party sources, including consumer-reporting agencies.

Use and Disclosure of Information

SmartPay uses information collected from this Site for internal use only, but SmartPay may share some information with third parties that assist us in providing our products or services to you or in responding to your requests or Inquiries. Information collected on the Site is not sold to third parties.

Browser Information

Information collected while you are browsing the Site may be used to analyze trends, administer the website, improve site performance, gather broad demographic information, and for security purposes.

Inquiries

Information collected during submission by you of an Inquiry may be used by SmartPay to respond to your Inquiries or to contact you regarding SmartPay services.

Gateway Services

If you are a SmartPay Customer, SmartPay will use your information to provide you with our Gateway Services. During the course of providing such services, SmartPay may disclose your information to contracted third parties to perform certain elements of Gateway Services on SmartPay’s behalf. SmartPay may also use your information to contact you about other SmartPay offerings and to inform you about general company news and industry trends. SmartPay may also use your information for internal business analyses.

Merchant Account Applications

If you apply for a merchant account from SmartPay, SmartPay may use and disclose the information you provide to evaluate your eligibility for a merchant account, including disclosure to consumer reporting agencies, relevant financial institutions, and other entities involved in providing the merchant account services. SmartPay may also use your information to contact you about other SmartPay offerings and to inform you about general company news and industry trends. SmartPay may also use your information for internal business analyses.

Legal Process

We may disclose your personally identifiable information in order to comply with requests from law enforcement and government agencies, to enforce the Terms of Use and other agreements, and to protect Customers and others. We may do so when we believe in good faith that disclosing this information is otherwise necessary or advisable, including, for instance, to identify, contact or bring legal action against someone who may be causing injury to or interfering with the rights or property of SmartPay, another user or anyone else that could be harmed by such activities.

Transfers

We may transfer any information in our databases, including, but not limited to, personally identifiable information, to an affiliate or to a third party as part of a transfer of business assets.

Cookies

Cookies are a technology that can be used to provide you with tailored information from a website. A cookie is an element of data that a website can send to your browser, which may then store it on your system. SmartPay utilizes cookie technology to help deliver a better user experience. You may set your browser to notify you when you receive a cookie, giving you the chance to decide whether to accept it. However, an order cannot be processed on this Site if you choose not to accept the cookies here. The Site makes use of cookies to support the product ordering system.

Additional Information

This Site uses web analytics service. Web analytics may record mouse clicks, mouse movements, scrolling activity as well as any text you type in this website. Web analytics does not collect personally identifiable information that you do not voluntarily enter in this Site. Web analytics does not track your browsing habits across websites, which do not use web analytics services.

We use the information collected by web analytics to improve the Site, make it more user-friendly and monitor that it is performing correctly.

We also use the LiveChat help system on this Site. LiveChat provides us with an online customer service solution so that we may serve you better.

Email Policy

SmartPay may use your email address to communicate with you about orders you have placed, accounts you maintain or inquiries you have made about our products and services. In addition, SmartPay may send you email communications for customer satisfaction purposes or to inform you of special offers SmartPay believes will be of interest to you based on your profile. These emails contain an unsubscribe link, which will enable you to opt out of receiving future mailings at any time, should you choose to do so.

Security

While we strives to protect your personally identifiable information and user privacy, we cannot guarantee the security of any information you disclose online. We do not make any warranty, express, implied or otherwise, that we will be able to prevent loss, misuse, unauthorized access to, or alteration of personally identifiable information you provide to us. You make any disclosure of personally identifiable information to us at your own risk. We urge you to take every precaution to protect your personally identifiable information when you are on the Internet, including when visiting the Site.

Links to Third Party Websites

The Site may provide links to third party websites and resources. Such links are provided as a convenience to you and for informational purposes only. SmartPay is not responsible for and cannot control these third party websites and resources, does not endorse them, and is not responsible for their availability, content, or delivery of services. Third party websites and resources are not bound by this Policy; they may have their own policies or none at all. We encourage you to read such other third party websites’ privacy policies.

If you have questions about this Policy, or the personally identifiable information we have on file for you or if you would like to request a change or an update, please email us at support@smartpaynm.com or call us at 505.803.4242.

If you believe you received an email from us that is in violation of this Policy, please report it to rico@smartpaynm.com.