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Your Privacy Rights Last Updated: December 20, 2010


*Update* December 20, 2010, we updated our Privacy Policy in accordance with adoption of new privacy related policies and procedures.


Wholesale Merchant Processing, Inc. understands you want your personal information protected and we respect your concerns about privacy and value our relationship with you and your business.


This Privacy Policy describes the types of information we collect on Wholesale Merchant Processing, Inc.’s web sites, via phone, and/or in-person interactions, how the information collected may be used, and if and with whom we may share it.


Our Privacy Policy also describes how we protect the security of the information we collect and how you may contact us to update your information, remove yourself from our mailing lists, or get answers regarding our privacy practices.


This Privacy Policy applies to all Wholesale Merchant Processing, Inc. Web sites, physical locations, and physical and/or electronic data stores and repositories, except for Web sites hosted by third parties which are authorized to display the Wholesale Merchant Processing, Inc. name and/or corporate logo.


For your protection consult the individual Privacy Policy of all third party Web sites for applicable policies, terms and conditions of use. Wholesale Merchant Processing, Inc. has no control over either these sites or their collection and/or use of information.


Wherever possible, Wholesale Merchant Processing, Inc. notes links on our Web sites containing redirection to a Third Party party or non Wholesale Merchant Processing, Inc. controlled or operated Web site.


1.0 Wholesale Merchant Processing, Inc.'s Privacy Practices and Data Security Policies


Wholesale Merchant Processing, Inc. has a set of policies and practices which were developed to establish a secure framework for the privacy and protection of all Personally Identifiable Information (PII) and/or Non Public Information (NPI) collected and/or used by Wholesale Merchant Processing, Inc.


They state Wholesale Merchant Processing, Inc.’s operational principles, practices, and policies for managing individual and business privacy, protecting PII and/or NPI data, and managing risk exposure as those activities relate to the processing of PII and/or NPI.


These policies also outline the principles applied by Wholesale Merchant Processing, Inc. while assessing, collecting, using, disclosing and retaining the PII and/or NPI of Wholesale Merchant Processing, Inc.’s past, present and prospective employees, customers, suppliers, business partners, and business associates.


1.1 Applicability of these policies


These policies have the following scope and range of applicability:


    • They apply to all Wholesale Merchant Processing, Inc. employees, contractors, and third parties engaged by Wholesale Merchant Processing, Inc. in its regional and local operations, as well as its subsidiaries (hereafter referred to simply as “Wholesale Merchant Processing, Inc.”).

    • They are used when considering the collection, use, and retention of PII and/or NPI by all departments and operations of Wholesale Merchant Processing, Inc., or when changing the processes and procedures for the collection, use, disclosure and retention of PII and/or NPI.

    • They refer to all processing of files in an electronic form (including, for example, electronic mail, documents created with office software, and records retained in databases) and information collected in non-electronic formats and/or held in physical files structured with reference to individuals or individual businesses.


    1.2 General Privacy Policies


    Wholesale Merchant Processing, Inc.’s strategy regarding privacy and personal information is to protect the Personally Identifiable Information (PII) and/or Non Public Information (NPI) of its customers, business partners, and employees that is in its possession at any given time within the organization. This protection also applies to any PII and/or NPI collected, used or retained by Wholesale Merchant Processing, Inc. in its dealings with third parties.


    Wholesale Merchant Processing, Inc. has the responsibility to ensure compliance with applicable privacy legislation when identifying purposes, obtaining consent, providing notice, or responding to access requests or complaints regarding the collection, use, or disclosure of PII and/or NPI.


    Wholesale Merchant Processing, Inc. will act responsibly while collecting, using, and disclosing PII and/or NPI, as this is a prerequisite to continued customer, partner, and employee confidence and loyalty.


    In accordance with applicable Payment Card Industry Data Security Standards (PCI-DSS), Wholesale Merchant Processing, Inc. will regularly and routinely demonstrate compliance with its privacy and data security policies, practices, and procedures through the creation and enforcement of such policies, practices, and procedures, other supporting documentation, and regular reporting of PCI-DSS audits and other compliance mandated information to applicable regulatory, sponsoring and governing entities. The PCI-DSS requirements are derived from the PCI Security Standards Council™ PCI-DSS Version 2.0 Specification.


    2.0 Personal Information Collection and Use


    You may choose to provide personal information through our web sites. Here are the ways in which you may provide the information and the types of information you may submit. We also provide below some information on how we may use the information collected.


    Contact Us


    If you communicate with us through the “Contact Us” tab and the “Departmental Contact Forms” on our web sites, we may ask you for information such as your name, email address and telephone number so we can respond to your questions and comments. SSL Encrypted versions of all “Departmental Contact Forms” are available via a link from the original form. We also may use the information you provide to evaluate the quality of our products and services.


    Request a Merchant Services Review & Evaluation


    If you submit our Online Merchant Account Application, Online Referral Form, and/or other various online forms, we ask you to provide details such as your name, email address, telephone number and details of your businesses operating environment, including current or previous merchant account processing statements. SSL Encrypted versions of all forms are available via a link from the original form. We use your details to prepare a Merchant Services Review & Evaluation of your current or proposed payment acceptance and processing systems. You may also choose to provide additional comments and requests through free typing text boxes on certain forms.


    Purchases of Equipment or Services, Registering a Product , Subscribing to a Product or a Service, or Opening/Registering an Account (Online or Offline)


    If you submit an order on-line, on the phone, or in person with Wholesale Merchant Processing, Inc., its employees, authorized Independent Sales Consultants, Agents or ISOs (Independent Sales Organizations), other business partners or business associates, we will ask you for information necessary to complete the transaction – such as your name, address, and, in cases of equipment and/or service fee payment, your credit card number and/or ACH bank account information, and to allow you to purchase and download products, obtain access to service and technical support, or otherwise utilize products or services that you have selected, as well as technical data concerning your computer or traffic data incidental to your Internet connection.


    Additionally, you may be asked in cases where software is sold pursuant to subscription, to establish an account with us in order to obtain the software, and establish entitlement to upgrades and updates required for the Wholesale Merchant Processing, Inc. software, or any Third Party software that Wholesale Merchant Processing, Inc., may from time to time offer in the marketplace, to provide ongoing protection in accordance with its function.


    This information will be used by Wholesale Merchant Processing, Inc. to ensure your PCI-DSS compliance status, entitlement for renewal, support and other services.


    The processing and transfer of the data are limited to the following purposes: fulfillment of your order(s)/contract(s), extension/delivering product updates/service-subscriptions or licenses, product registration and activation, customer and technical support as you may request it from time to time, processing software license renewals as you may request it from time to time, automatically processing software license renewals if you elect automatic renewal of your software license subscription and internal (compliance) audits and fraud prevention.


    Contact Technical Support


    If you request technical support online, we will ask you for information necessary to complete the transaction – such as your name, address and information about your payment system hardware, software and the nature of the problem you are experiencing.


    Information concerning technical issues may be retained to provide you and others with continuing support; generally, the information and knowledge obtained from such support may be made available to technical and product specialists in order to improve our products or provide similar solutions to similar technical issues encountered by other Wholesale Merchant Processing, Inc. customers.


    Subscribe to a Web-site Forum or Networking site


    Wholesale Merchant Processing, Inc. operates forums, web sites and related information services to better assist its customers in using its products and services, discuss technical issues, and share experience and knowledge.


    To permit you to obtain access to these information services, to assist us in creating content that is relevant to you, and to improve your experience on our Web site(s), including helping you quickly find software, services or product information important to you we may collect information such as your name and e-mail address, and keep track of your preferences concerning the display or location of relevant information.


    We utilize the information obtained from these sites to improve our products and services.


    Subscribe to a Newsletter, Receive Product or Technical Alerts


    You may wish to receive information about technical alerts, product upgrades, new products, services, newsletters, informative emails, and research on future product ideas or improvements. If so, you will be asked to provide your name and e-mail address.


    If there is any use beyond contacting you using such information, you will be advised of the intended uses at the point that you are being asked to provide such contact information.


    Transactional Emails


    We may from time to time send you transactional emails such as order confirmations or information on service related issues. Because these emails are not promotional in nature you are not able to unsubscribe from these transactional emails.


    Enter a Contest, Receive Product or Service Information, Offers or Promotions


    To provide you with contests, promotions or special offers that may be of interest to you, you may be asked to provide us with your name, address and e-mail address information, as well as to confirm that you are of the age of majority in the jurisdiction in which you reside and/or otherwise eligible under the specific contest, promotion, or special offer eligibility requirements and/or terms and conditions.


    You may be asked to provide additional information to better understand you and possibly your organizations’ needs and experiences, opinions, as well as your experience or feedback in order to qualify for such contests or promotions.


    We will also use your personal information to award prizes if applicable.


    If there is any use beyond contacting you with such information, you will be advised of the intended uses at the point that you are being asked to provide such contact information.


    Soliciting your Opinion or Feedback


    To assist us in creating better products and services to meet your needs, we may solicit your opinions and feedback concerning our products and services; you may be asked to provide e-mail address information, as well as name, postal address, occupation and the name of your organization, if you have not already done so, as well as the opinions and feedback itself.


    Careers


    You may be able to submit your resume and other information online to apply for a job with Wholesale Merchant Processing, Inc.. The information you provide in connection with your job search may be maintained in a database that is managed by Wholesale Merchant Processing, Inc., or by a third party service provider we have retained to help us conduct recruitment-related activities.


    Third party service providers are authorized to use the information only in connection with hosting, managing and maintaining our employment database. We use the information you submit to evaluate your interest in employment and to contact you regarding possible employment with Wholesale Merchant Processing, Inc.


    Refer-An-Associate


    If you choose to use our online referral form to tell a business associate about our site, we will ask you for your associate's name and email address. We will automatically send your associate a one-time email inviting him or her to visit the site.


    Wholesale Merchant Processing, Inc. does not store your associate’s name and email address after sending the one-time email. Note that this is not available in jurisdictions where this method of referral is prohibited.


    You make the decision whether to proceed with any activity that requests personal information. If you do not wish to provide the requested information, however, you may not be able to complete the transaction or functionality on the site if the information is essential to complete the transaction or functionality.


    2.1 Cookies


    Wholesale Merchant Processing, Inc. may use cookies from time to time. A cookie is a unique text file that a web site can send to your browser software. Cookies enable a web site to tailor information presented to you based on your browsing preferences.


    Wholesale Merchant Processing, Inc. may use cookies to personalize web pages during your visit to our web sites, and/or to remember you for easy navigation and access during your return visits after registering for our products, services and other offers including but not limited to White Papers, Webcasts, events, evaluation software, e-books, etc. For these purposes, some cookies may be tied to your e-mail address.


    Wholesale Merchant Processing, Inc. may also use cookies to track your visit to our web sites in order to collect aggregate data.


    However, this information will only be used for analytical purposes and will be limited to the minimum necessary to perform the analysis. If you do not want Wholesale Merchant Processing, Inc. to deploy cookies in your browser, you can set your browser to reject cookies or to notify you when a web site tries to put a cookie in your browser software. Rejecting cookies may affect your ability to use of some of the products and/or services at our Web sites.


    2.2 Web Beacons


    Wholesale Merchant Processing, Inc. may use Web Beacons - also known as single pixel or clear GIFs - on its web sites to analyze traffic patterns such as the frequency of use of particular parts of the site. The data collected helps us learn what information is of most interest to our customers and what offers our customers would most like to see.


    If you do not want to assist Wholesale Merchant Processing, Inc. in improving its Web sites, you can “opt-out” of this web sites analysis by disabling JavaScript on your computer.


    If you disable JavaScript, most of the features on our web sites will not work.


    Wholesale Merchant Processing, Inc. may also use web beacons in promotional email messages to determine whether the message was opened and acted on. We may use this information on email response to develop future promotions you may enjoy. For these purposes, some of our Web beacons are tied to your e-mail address.


    Wholesale Merchant Processing, Inc. may also use third party scripts on our sites to optimize the effectiveness of Wholesale Merchant Processing, Inc.'s ads appearing on our own or other parties' sites. The information collected is not personally identifiable and is limited to the minimum information necessary to optimize effectiveness.


    3.0 Managing Your Privacy


    3.1 Opt-in and Opt-out


    In jurisdictions where your consent is required at the point of collection before any sharing of your information can take place, you will be given the option to opt-in before such information is being shared, and to opt-in to the transfer of your contact information to a third party.


    In other jurisdictions, we may offer you these choices at the time you give us your information, or subsequently through ‘opt-out’ mechanisms.


    3.2 Communication Choices


    If you are on a Wholesale Merchant Processing, Inc. web page that requires personal information to be submitted but does not offer communication choices, or if you would like to change your preferences for information that you have previously provided, please use one of the communication channels at the bottom of this statement.


    3.3 Other Privacy Considerations


    Please remember that information you submit in discussion groups or forums, like "Ask Wholesale Merchant Processing", will be deemed public information and will not be kept as confidential. There is a risk in such communication venues that information can be collected and used by others. Please be careful and responsible when you are participating in such discussion groups or forums.


    3.4 Updating or Correcting Your Personal Information


    You have the right to update or correct or remove your personal information. If you believe that Wholesale Merchant Processing, Inc. does not have your most current personal information, you can update it by using one of the communication channels at the bottom of this notice.


    If requested, and to the extent permissible by applicable law relating to the retention of records or otherwise not required for valid business purposes (such as fulfillment of transactions), you may request that we use our best efforts to remove such data from Wholesale Merchant Processing, Inc. repositories.


    4.0 Sharing Information


    From time to time we may provide your information to Wholesale Merchant Processing, Inc. Business Partners to communicate to you information or offers about products or services that they believe are important to you or your business, or to provide the products and/or services for which you have contracted.


    If you prefer that we not provide your information to our business partners, you may let us know using one of the methods described in this policy, but be aware that certain products and services may require a third party provider in order to obtain and/or utilize the product or service.


    Wholesale Merchant Processing, Inc. provides a number of ways for you to ‘opt-out’ of receiving additional information from us or having us provide your personal information to our partners by ‘opt-out’ options provided at the point of collection, through e-mail notices, or through other preference management that may be available depending on the service or web-site.


    If you do not wish to continue receiving our e-mail newsletters or bulletins you can opt-out of receiving these communications by replying to the "unsubscribe" address in the body of the email.


    In jurisdictions where sharing personal information is prohibited without your ‘opt-in’, no information will be shared without your prior consent.


    4.1 Third Parties


    In addition, Wholesale Merchant Processing, Inc. may retain the services of outside contractors to provide sales and marketing functions, supplemental merchant services products and/or services, and/or logistical services for us (e.g. payment gateways, Independent Sales Consultants, Agents and ISOs - 'Independent Sales Organization'; product shipping, providing product or service specific technical support, or handling order processing).


    For example, you may decide to purchase a license to a software product offered by Wholesale Merchant Processing, Inc. via an electronic method, or in a face to face business transaction with one of Wholesale Merchant Processing, Inc.’s authorized Independent Sales Consultants, Agents or ISOs. If you elect to purchase through one of Wholesale Merchant Processing, Inc.’s authorized Independent Sales Consultants, Agents or ISOs, your personal data will need to be shared between the Wholesale Merchant Processing, Inc. Independent Sales Consultant, Agent or ISO (as your vendor) and Wholesale Merchant Processing, Inc.


    Furthermore, in order to manage purchases by Wholesale Merchant Processing, Inc. customers, Wholesale Merchant Processing, Inc. may need to share your personal information with a third party product or service provider(s). Such product or service provider(s) will process data of Wholesale Merchant Processing, Inc.’s customers only on behalf of Wholesale Merchant Processing, Inc.


    These examples are not exhaustive, and may change from time to time.


    We require that all such contractors or product/service providers keep the personal information of our customers secure and confidential. We have contractually bound third parties to such restrictions and require that these contractors provide for appropriate technical and organizational measures to secure the data, that they use personal information only on behalf of Wholesale Merchant Processing, Inc. and that they do not share personal information with others or use your personal information for their own marketing or other purposes.


    5.0 Legal Disclosures


    Please be aware that under certain circumstances, it may be necessary for Wholesale Merchant Processing, Inc. to disclose your personal information to government officials or otherwise as required by applicable law. No personally identifiable information will be disclosed to any law enforcement agency or governmental agency except in response to:


    • A subpoena, warrant or other process issued by a court of competent jurisdiction;


    • A legal process having the same consequence as a court-issued request for information, in that Wholesale Merchant Processing, Inc. would be in breach of local or other applicable law were it to refuse to provide such information, and/or it or its officers, executives or employees would be subject to liability for failing to honor such legal process, provided there is a legal basis to do so, or,


    • Where such disclosure is necessary for Wholesale Merchant Processing, Inc. to enforce its legal rights pursuant to the laws of the jurisdiction from which such information was gathered, and there is a legal basis to do so.


    6.0 Security of Personal Information


    We have taken appropriate security measures, consistent with PCI-DSS information security principles and practices, to protect your personal information. These measures include our web sites and Internet-enabled technologies, administrative, technical, physical and procedural steps to protect your data from misuse, unauthorized access or disclosure, loss, alteration, or destruction. These measures include:


    • Physical safeguards, such as locked doors and file cabinets, controlled access to our facilities, and secure destruction of media containing personal information;


    • Technology safeguards, such as use of Wholesale Merchant Processing, Inc. anti-virus and endpoint protection software, encryption, and monitoring of our systems and data centers to ensure compliance with our security policies, and in particular, full credit card information is only transmitted using secure socket layer (SSL) encryption and/or recipient specific encrypted email;


    • Organizational safeguards, through training and awareness programs on security and privacy, to ensure all employees and business partners understand the importance and means by which they must protect personal information, as well as through privacy policies and policy standards that govern how Wholesale Merchant Processing, Inc. treats personal information. Additionally, access to PII and/or NPI information is restricted to only those individuals and departments that require the data to perform their respective job functions.


    7.0 Non-Personal Information We Collect and How We Use It


    7.1 Non-Personal Information We Collect


    We collect certain aggregate and non-personal information when users visit our web sites. Aggregate and non-personal information does not relate to a single, identifiable visitor. It tells us information such as how many users visited our sites and the pages accessed. By collecting this information, we learn how to best tailor our web sites to our visitors. We collect this information either through cookie technology or with web beacon technology as explained above.


    7.2 Web Site / Web Presence Traffic


    Through our various tracking methods and log or other electronic files, we may track domain names, IP addresses, and browser types from people who visit our sites or other online presences. We use this information to track aggregate traffic patterns throughout Wholesale Merchant Processing, Inc.’s Web sites and web presences. Such information is not correlated with any personal information.


    8.0 IP Addresses


    Wholesale Merchant Processing, Inc. collects and retains, for a limited period of time, internet protocol (IP) address information, of visitors to its' Web sites or other online presences, for the following purposes:


    • subscription and registration,

    • to provide technical support;

    • to obtain geolocation information;

    • and to secure our networks and systems.


    • IP addresses collected by Wholesale Merchant Processing, Inc. on its Web sites or other online presences, are primarily traffic data, which is not necessarily personal information. Wholesale Merchant Processing, Inc. does not have the means to reasonably and authoritatively link an IP address to an identifiable individual.


      Registration of a product does create a unique computer identifier, which is linked to an IP address at the time of registration; however, IP addresses are usually assigned dynamically and therefore are temporary, and may be behind network address translation, and are often capable of falsification (spoofing).


      In cases where the customer has opted to obtain Internet or other online based products or services from Wholesale Merchant Processing, Inc., we will collect, retain, and release to third parties, relevant static and/or dynamic IP Addresses for PCI-DSS compliance monitoring purposes including, but not limited to, quarterly network scans and network penetration testing.


      9.0 Links to Business Partner and Co-branded Sites

      At the Wholesale Merchant Processing, Inc. Web sites, there are a number of links to companies with whom we have a relationship. Wholesale Merchant Processing, Inc. is not responsible for the privacy practices of our business partners. We encourage you to read their privacy statements, as they may differ from ours.


      We also may link to co-branded Web sites that are maintained by Wholesale Merchant Processing, Inc. and/or one or more of our business partners, who may collect your PII or NPI information pursuant to their own policies and purposes. Consult the privacy policy on any co-branded site to which you link for information on the privacy practices of that site.


      10.0 Policy Changes


      In the event there is a major change to Wholesale Merchant Processing, Inc.'s privacy practices, a prominent notice will be posted on our Web sites. If the change involves the use of your personally identifiable information, the notice will contain instructions on how you can opt-out of such use.


      11.0 Wholesale Merchant Processing, Inc. Contact Information


      If you have any questions or comments concerning this policy, or if you would like to change your communication preferences, update or review the personal information we have about you, or withdraw your consent for the collection, use or disclosure of your personal information, please contact us using one of the options below:


      • 1. Customer Support by telephone, e-mail, or regular mail;


      • 2. Through Wholesale Merchant Processing, Inc.’s Privacy Department:


      Wholesale Merchant Processing, Inc. - Privacy Program Office

      11000 SW Stratus St

      Suite 150

      Beaverton, OR 97008

      Telephone: 800.953.6764x525

      Email: privacy@wmphq.com


      12.0 California Privacy Rights


      Beginning on January 1, 2005, California Civil Code Section 1798.83 permits customers of Wholesale Merchant Processing, Inc. who are California residents to request certain information regarding Wholesale Merchant Processing, Inc.’s disclosure of personal information to third parties for their direct marketing purposes. To request such information, please contact us using one of the options listed above in section 11.0.

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