“Subscriber” means a company that has subscribed to use the Payment Portal enabling it to collect payments through the Payment Portal and to host and update Your account information.
“You” are an individual that has been invited to use the Payment Portal by a Subscriber to make a payment and access, maintain and update the account information the Subscriber has on file for You.
“SwervePay” means SwervePay, LLC and its affiliates. SwervePay has licensed the Payment Portal to the Subscriber to use.
Your use of the site involves You submitting and verifying information provided by the Subscriber for the purposes of keeping updated account information for Your account and making a payment online. The types of information that may be collected are:
|Unique Identifiers||First and last name, social security number (or a portion thereof), mailing address, billing address, telephone number, email address, account name, IP address, geolocation, tax identification number, or other similar identifiers|
|Personal Information||First and last name, social security number (or a portion thereof), address, telephone number, email address, credit card or debit card information, bank information, ACH information, tax identification number, or other similar information related to making payments or contacting You|
|Commercial Information||Payment history|
|Geolocation Data||IP address and geolocation|
|Other Information||Contact preferences and consents, username and password for use of the Payment Portal, original creditor information, and other similar information.|
The information collected either comes from You or the Subscriber. SwervePay has no control of the information collected by the Subscriber outside of the Payment Portal nor does SwervePay validate the information You provide.
Use of Information
SwervePay will use and save Your information to satisfy the reason You provided the information. SwervePay may also use Your information:
- To support the Subscriber in its use of the Payment Portal
- To help maintain the safety, security and integrity of the Payment Portal.
- To respond to law enforcement requests, respond to a regulatory audit requests, and to disclose information as otherwise required by applicable law, court order, subpoena, or governmental regulations.
- As described to You when collecting Your information or as otherwise permitted in applicable law or regulation.
- To valuate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of SwervePay’ assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held in the Payment Portal is among the assets transferred.
Cookies are small files that a site or its service provider transfers to Your computer’s hard drive through Your Web browser (if You allow) that enables the site’s or service provider’s systems to recognize Your browser and capture and remember certain information. Through Your browser (i.e., Internet Explorer), You can choose to have Your computer warn You each time a cookie is being sent, or You can choose to disable third party cookies and enable first party cookies. You can learn how to enable these settings by accessing Your browser’s help menu.
Sharing of Information.
SwervePay does not sell Your information and only discloses information in compliance with applicable laws and regulations. SwervePay may share Your information with:
- Payment processors, card networks, financial institutions, and other service providers to process payments;
- The Subscriber that requested that You use the Payment Portal;
- Hosting service providers in order to provide the Payment Portal;
- Service providers and third-party tools used to help keep the environment secure and prevent fraud and abuse;
- Third parties, as needed, to prevent any physical harm or illegal activity or to respond to a court order, governmental inquiry, regulatory action, subpoena, or to otherwise comply with laws and regulations;
- Third parties to verify compliance with acceptable use policies, contractual terms or card association rules; and
- Advisors and third parties to facilitate a merger, purchase, divesture, reorganization, dissolution or other sale or transfer of some or all of SwervePay’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held in the Payment Portal is among the assets transferred.
Protection of Information
SwervePay maintains PCI-DSS compliance for the Payment Portal and undergoes annual audits to certify that compliance. SwervePay stores information in secured networks that are only accessible by a limited number of authorized personnel that need access to allow SwervePay to provide the Payment Portal. SwervePay utilizes a variety of technical, physical, and administrative security measures (e.g., firewalls, encryption, and network access controls) to maintain the security of the information contained within the Payment Portal. While SwervePay protects the Payment Portal, You are responsible for keeping Your username, password, and account information private. You are also responsible for making sure Your personal information is accurate and up to date.
If Your account is closed, SwervePay may keep Your information as required by law and according to its data retention policy. If SwervePay does, SwervePay will continue to handle the information as described in this Policy.
The Payment Portal is not intended for children. If You are below the age of 13, You must not use the Payment Portal or submit any personal information to the Payment Portal. SwervePay does not knowingly accept any registrations or other personal information from those under the age of 13.
California Residents – Disclosures, Rights and Privacy Requests
- SwervePay does not sell Your information.
The CCPA also permits consumers who are California residents to: (a) request information about how SwervePay collects, uses and discloses their information over the past 12 months; (b) opt out of SwervePay selling their information; (c) request SwervePay delete their information; and (d) request certain information regarding SwervePay’s disclosure of personal information to third parties for their direct marketing purposes under California’s “Shine the Light Law” (Civil Code Section 1798.83). The CCPA also provides the right to not be discriminated against by a California resident for exercising any of the privacy rights. SwervePay will not discriminate against You for exercising any of these rights. You should note that these rights do not apply to certain exempted activities provided under the CCPA (e.g., personal data collected, processed, shared, or disclosed by financial institutions pursuant to federal law such as the Gramm-Leach-Bliley Act).
Making a CCPA Privacy Request
When submitting a request to SwervePay, please identify the SwervePay Payment Portal when making such a request, the Subscriber, and describe Your request with sufficient detail to allow SwervePay to properly understand, evaluate and respond to it. There is no fee for making a request. The CCPA provides for how long SwervePay has to respond and governs the number of times You may submit a request over the course of a year.
Upon submitting a request to SwervePay under the CCPA, SwervePay will seek to validate Your identity in accordance with the CCPA. To do so, SwervePay may request additional information and You will be responsible for providing that information. If You fail to do so, You understand that SwervePay will not be able to respond to Your request. To the extent SwervePay does not already have the information You provide to validate Your identity, SwervePay will only use that information for that purpose.
The CCPA provides for a variety of exceptions to Your rights under the CCPA and as a result, SwervePay may have reasons to deny a specific request. If that were to occur, SwervePay will inform You of the denial and the basis for such denial.
Opt-Out of Sale of Personal Information
If you are 16 years of age or older, You have the right to direct SwervePay to not sell Your personal information at any time (the "right to opt-out"). SwervePay does not currently sell the personal information of users of the Payment Portal nor will SwervePay ever sell personal information of any user it knows are less than 16 years of age, unless SwervePay receives affirmative authorization (the "right to opt-in") from either the consumer who is at least 13 but not yet 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to personal information sales may opt-out of future sales at any time. To exercise the right to opt-out, You (or Your authorized representative) may submit a request to SwervePay by submitting a request through the following link: Privacy Request Site or by sending an email to: email@example.com.
INDIVIDUALS IN THE EUROPEAN ECONOMIC AREA
The Payment Portal is not intended for use and does not target end users located in the European Economic Area. Any requests related to the European Union (EU) General Data Protection Regulation (GDPR) should be directed to the Subscriber that requested that You use the Payment Portal.
If you have any questions regarding this Privacy Statement, You may contact SwervePay by using the information below.
1150 W. Kilgore Ave.
Muncie, IN 47305
Attn: Legal Department