Last Updated: August 1, 2017
The Privacy Policy describes the information United POS Solutions, Inc, and our affiliates, (collectively, “Provider,” “we,” “us,” “our”, or “UPSI”) collect when a person or a business (‘you”, “your”) uses the FlexGift.com website (the “Site”) or applies or signs up for FlexGift® Program and Online Services (“FlexGift.com Platforms”), accesses or uses in any manner any UPSI or FlexGift.com application, product, service, feature, technology, content, or website (collectively, “Services”) or otherwise contacts or interacts with us.
SCOPE AND CONSENT
We respect your right to privacy. We are also committed to protecting privacy of FlexGift.com account holders as well as end users. By applying or signing up to be a FlexGift.com Platform user and/or UPSI account, including through a computer, tablet or mobile device, you accept the terms of this Privacy Policy and consent to our collection, use, disclosure and retention of your information as described herein (including to contact you), and for all other purposes permitted under applicable personal information privacy statutes, credit bureaus reporting rules, anti-spam legislation, and consumer protection laws.
FOR MERCHANTS IN REGARDS TO CUSTOEMR DATA
“Customer Data” means any and all information relating to a customer, including but not limited to, name, address, email address, telephone number, other contact information, financial information, information relating to purchases or preferences, and any other identifying information. Subject to any limitations imposed by applicable federal or state laws or regulations and the Privacy Policy available on the Site,
(a) Title to all Customer Data created through the FlexGift® Program and Online Services will vest jointly in UPSI and Merchant;
(b) UPSI will make such Customer Data available to Merchant in the format upon which UPSI stores such data upon written request by Merchant, provided, however, that if Merchant requests such data to be configured in any way other than the standard way in which UPSI maintains such data, additional charges will apply.
(c) All Customer Data relating to the customers provided by UPSI to Merchant in connection with the FlexGift® Program and Online Services shall be used by Merchant solely for purposes of participating in the FlexGift® Program or Online Services.
Merchant agrees that it will not share, transfer or transmit Customer Data to any other person or entity except as permitted under this Agreement or with UPSI’s prior written consent. Merchant is solely responsible for compliance with any laws and regulations applicable to Customer Data while it is in Merchant’s possession, custody or control. All Customer Data is subject to UPSI’s privacy practices as described in the Privacy Policy available on the Site.
Customer Information
Please note that our website and Services are not targeted or directed at children or any person under the age of 13 and do not knowingly collect or store any personal information from children or any person under the age of 13.
We collect information you provide when you express interest in our products, service or sign up for an UPSI or FlexGift.com account and when you provide information as part of our identity or account verification process. This information may include:
• Identification information, such as your name, your company name, email address, mailing address, phone number, birth date, passport, driver’s license, Social Security, Taxpayer Identification, or other government-issued identification number;
• Financial information, including bank account and payment card numbers (where applicable); and
• Other information such as your products and services, information about you or your business such as appointment, staffing, employee, contact data (where applicable).
Automatic Information
To help us personalize your experience, and to better serve your needs, we may receive and store certain types of information when you visit one of our websites. You may be familiar with the term “cookies”, which are unique alphanumeric identifiers. These cookies are placed on your computer or other devices when your web browser accesses our websites. We use cookies to support the integrity of our registration process, retain your preferences and account settings, and help evaluate and compile aggregated statistics about user activity. If you choose, there are utilities available for purchase from independent software providers to install on your computer as well as tools/preferences you can choose through most web browsers to make website visits anonymous. Of course, cookies let you have a more satisfying website experience, so we recommend that you leave them turned on. From time to time, we may utilize other tools to collect additional information, including but not limited to number of visits to our website, understand usage and campaign effectiveness, etc.
Information from Other Sources
We may also collect information about you from third parties, including third party verification services, credit bureaus, mailing list providers, and publicly available sources. In some circumstances, where lawful, this information may include your government-issued identification number. By applying or signing up for the FlexGift® Program and/or an UPSI account, you authorize and consent to our obtaining from, and disclosing to, third parties, from time to time, any information about you in connection with the processing of any credit investigation, identity or account verification, fraud detection, or collection procedure, or as may otherwise be required by applicable law.
USE OF INFORMATION
We may use information about you to provide, maintain, and improve our Services, such as:
• To provide you with information about new products and services from us and our affiliates;
• Processing or recording payment transactions or money transfers;
• Displaying historical transaction or appointment information;
• Delivering the information and support you request, including technical notices, security alerts, and support and administrative messages;
• To protect our rights or property, or the security or integrity of our Services;
• To enforce the terms of our General Terms or other applicable agreements or policies;
• To verify your identity (e.g., some of the government-issued identification numbers we collect are used for this purpose);
• To investigate, detect, and prevent fraud, security breaches, and other potentially prohibited or illegal activities;
• To comply with any applicable law, regulation, legal process, or governmental request;
• For any other purpose disclosed to you in connection with our Services.
We may use information about you to improve, personalize and facilitate your use of our Services. We may use third-party service providers to, process and store your information in the United States, and other countries.
Within the Provider
We share information we collect from all points of contact within our organization, including companies that are our affiliates. The information you give us and information about your transaction may be combined with other personally identifiable information available from our records and other sources.
Governmental Agencies or Other Companies
We may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when (1) permitted or required by law, or (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions, or (3) investigating fraud that has already taken place. In all cases, this information is not provided to these entities for marketing purposes.
Right to Transfer
Should we choose to sell or transfer business assets, or to engage in a transaction where it is required to share or transfer your information, it is possible that the information we possess may be transferred as part of that transaction. We may decide to retain a copy of the information post sale or transfer.
Third Parties
Aside from the sharing set forth above, we will not share your information with any third parties. Certain functionality involve third party providers and all information provided is also subject to the privacy policy of any such third party provider.
Merchants
Customer Data created through the FlexGift® Program and through the use of the FlexGift® Platform is shared between UPSI and Merchants. Merchants can only use Customer Data solely for purposes of participating in the FlexGift® Program and use of the FlexGift® Platform. Merchants are restricted from sharing, transferring or otherwise transmitting Customer Data to any other person or entity except as permitted under the FlexGift® Program Agreement or with UPSI’s prior written consent.
Our websites may offer links to other sites. Other sites have their own terms of use and privacy and security policies. If you choose to visit one of these sites, you should review the policies that govern that particular site.
Application of This Privacy Policy This Privacy Policy applies to all information collected or submitted to us by you and/or the Merchants. Other affiliated entities may obtain information independently from transactions and experiences with you or from other sources. This Privacy Policy does not pertain to that information.
YOUR CONSENT
By sharing information with us, you consent that we can use the information collected or submitted as described in this Privacy Policy. We may change or add to this Privacy Policy so we encourage you to review it periodically.
OPT OUT
You may opt out of receiving promotional messages from us by following the instructions in those messages. If you decide to opt out, we may still send you non-promotional communications, such as digital receipts and messages about your account or our ongoing business relations.
CALIFORNIA PRIVACY RIGHTS
California law permits residents of California to request certain details about information we disclose to third parties for direct marketing purposes. If you are a California resident and would like to request this information, please contact us by email at legal@upsolution.com